[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 740 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 740

  To confer jurisdiction on the United States Court of Federal Claims 
     with respect to land claims of Pueblo of Isleta Indian Tribe.


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                    IN THE HOUSE OF REPRESENTATIVES

                            January 30, 1995

 Mr. Skeen (for himself and Mr. Schiff) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  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.
                                 <all>