[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2923 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2923

   To restore an opportunity for economic development by the Alabama-
    Coushatta Tribe on terms that are equal and fair, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 13, 2014

  Mr. Tester introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
   To restore an opportunity for economic development by the Alabama-
    Coushatta Tribe on terms that are equal and fair, 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. SHORT TITLE.

    This Act may be cited as the ``Alabama-Coushatta Tribe of Texas 
Equal and Fair Opportunity Settlement Act''.

SEC. 2. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that--
            (1) it is the policy of the United States to promote tribal 
        self-determination and economic self-sufficiency and to support 
        the resolution of disputes over historical claims;
            (2) the United States, pursuant to Federal law and in 
        accordance with several Federal court decisions, has affirmed 
        the rights of tribes, including the Alabama-Coushatta Tribe, to 
        free and undisturbed use and occupancy of the aboriginal land 
        of the tribes, including the right to compensation when those 
        rights are violated;
            (3) in June 2000, in the case entitled Alabama-Coushatta 
        Tribe of Texas v. U.S. (Fed. Cl. Jun 19, 2000) (No. 3-83), the 
        United States Court of Federal Claims ruled that--
                    (A) the United States violated the fiduciary 
                obligations of the United States by knowingly failing 
                to protect 2,850,000 acres of the aboriginal land of 
                the Alabama-Coushatta Tribe;
                    (B) that failure would have consituted a claim 
                eligible to be heard by the Indian Claims Commission 
                established by the first section of the Act of August 
                13, 1946 (commonly known as the ``Indian Claims 
                Commission Act'') (60 Stat. 1049, chapter 959) (and 
                terminated by section 23 of that Act (70 Stat. 624, 
                chapter 679)); and
                    (C) as described in House Resolution 69 (98th 
                Congress) (November 1, 1983), it was the sense of the 
                House of Representatives that the Federal Government 
                should pay full monetary compensation to the Alabama-
                Coushatta Tribe for the 2,850,028 acres of aboriginal 
                land illegally occupied by non-Indian settlers after 
                1845;
            (4) in October 2002, the United States Court of Federal 
        Claims awarded $270,600,000 as the jointly stipulated amount of 
        economic damages to be recovered by the Alabama-Coushatta Tribe 
        from the United States; and
            (5) this Act represents a good faith effort on the part of 
        Congress to provide the Alabama-Coushatta Tribe with the 
        compensation that the United States Court of Claims has 
        determined is owed to the Alabama-Coushatta Tribe.
    (b) Purposes.--The purposes of this Act are--
            (1) to recognize the loss by the Alabama-Coushatta Tribe of 
        the aboriginal land and the resulting loss of any economically 
        productive use of the aboriginal land for decades;
            (2) to restore an economic development opportunity to the 
        Alabama-Coushatta Tribe on terms that are equal and fair; and
            (3) to protect the Federal Government and taxpayers from 
        liability arising out of or relating to claims on the 
        aboriginal land.

SEC. 3. RESTORATION ACT AMENDMENT.

    Section 207 of Public Law 100-89 (25 U.S.C. 737) is repealed.

SEC. 4. DISMISSAL OF CLAIMS.

    Not later than 180 days after the date of enactment of this Act, 
the United States and the Alabama-Coushatta Tribe shall execute and 
file in each applicable court a motion for dismissal of any pending 
claim arising out of or relating to the aboriginal land or an interest 
in the aboriginal land.

SEC. 5. APPROVAL OF INVALID TRANSFERS; EXTINGUISHMENT OF CLAIMS AND 
              ABORIGINAL TITLE.

    (a) Extinguishment of Claims.--Any claim (including any claim for 
damages for trespass or for use and occupancy) by, or on behalf of, the 
Alabama-Coushatta Tribe against the United States or the State of Texas 
for the loss of aboriginal title shall be deemed to be extinguished.
    (b) Construction.--Nothing in this subsection--
            (1) affects or limits any personal claim (except for a 
        Federal common law fraud claim) of an individual Indian that is 
        pursued under any law of general applicability that protects 
        non-Indians and Indians; or
            (2) alters the status of land held in trust by the United 
        States on behalf of the Alabama-Coushatta Tribe.
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