[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 614 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 614

  To confer jurisdiction of the United States Court of Federal Claims 
 with respect to land claims of Pueblo of Isleta Indian Tribe, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 24 (legislative day, March 23), 1995

 Mr. Bingaman (for himself and Mr. Domenici) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
  To confer jurisdiction of the United States Court of Federal Claims 
 with respect to land claims of Pueblo of Isleta Indian Tribe, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. JURISDICTION.

    (a) In General.--Notwithstanding sections 2401 and 2501 of title 
28, United States Code, and section 12 of the Act of August 13, 1946 
(60 Stat. 1052, chapter 959), or any other law that 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 the Pueblo of Isleta Indian Tribe of 
New Mexico against the United States with respect to any lands or 
interests therein in the State of New Mexico or any adjoining State 
that were held by aboriginal title or otherwise and that were acquired 
from the tribe without payment of adequate compensation by the United 
States.
    (b) Interest.--As a matter of adequate compensation, the United 
States Court of Federal Claims may award interest at a rate of 5 
percent per year to accrue from the date on which such lands or 
interests therein were acquired from the tribe by the United States.
    (c) Limitations.--Such jurisdiction is conferred only with respect 
to claims accruing on or before August 13, 1946. All such claims must 
be filed not later than 3 years after the date of enactment of this 
Act.
    (d) Jurisdiction Is Not Dependent on Exhaustion.--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>