[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 740 Engrossed in House (EH)]
2d Session
H. R. 740
_______________________________________________________________________
AN ACT
To confer jurisdiction on the United States Court of Federal Claims
with respect to land claims of Pueblo of Isleta Indian Tribe.
104th CONGRESS
2d Session
H. R. 740
_______________________________________________________________________
AN ACT
To confer jurisdiction on the United States Court of Federal Claims
with respect to land claims of Pueblo of Isleta Indian Tribe.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. JURISDICTION.
Notwithstanding sections 2401 and 2501 of title 28, United States
Code, and section 12 of the Act of August 13, 1946 (60 Stat. 1052), or
any other law which would interpose or support a defense of
untimeliness, jurisdiction is hereby conferred upon the United States
Court of Federal Claims to hear, determine, and render judgment on any
claim by Pueblo of Isleta Indian Tribe of New Mexico against the United
States with respect to any lands or interests therein the State of New
Mexico or any adjoining State held by aboriginal title or otherwise
which were acquired from the tribe without payment of adequate
compensation by the United States. As a matter of adequate
compensation, the United States Claims Court may award interest at a
rate of five percent per year to accrue from the date on which such
lands or interests therein were acquired from the tribe by the United
States. Such jurisdiction is conferred only with respect to claims
accruing on or before August 13, 1946, and all such claims must be
filed within three years after the date of enactment of this Act. Such
jurisdiction is conferred notwithstanding any failure of the tribe to
exhaust any available administrative remedy.
SEC. 2. CERTAIN DEFENSES NOT APPLICABLE.
Any award made to any Indian tribe other than the Pueblo of Isleta
Indian Tribe of New Mexico before, on, or after the date of the
enactment of this Act under any judgment of the Indian Claims
Commission or any other authority with respect to any lands that are
the subject of a claim submitted by the tribe under section 1 shall not
be considered a defense, estoppel, or set-off to such claim, and shall
not otherwise affect the entitlement to, or amount of, any relief with
respect to such claim.
Passed the House of Representatives July 29, 1996.
Attest:
Clerk.