[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2684 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 2684
To restore tribal economic development opportunity for the Alabama-
Coushatta Tribe of Texas on terms that are equal and fair, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 4, 2015
Mr. Young of Alaska (for himself, Mr. Babin, Mr. Gene Green of Texas,
Mr. LaMalfa, Mr. Barton, Mr. Lowenthal, Mr. Grijalva, Mr. Cook, Mr.
Denham, Mr. Cardenas, and Mr. Ruiz) introduced the following bill;
which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To restore tribal economic development opportunity for the Alabama-
Coushatta Tribe of Texas 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. CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY.
(a) Findings and Declarations.--Congress finds and declares the
following:
(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) Sam Houston, as a leader in the Texas Revolution and
the President of the Republic of Texas, established friendly
relations with the tribes, expressed his personal appreciation
for the assistance of the tribes during the fight for Texas
independence, and endeavored to protect their lands and rights.
(3) The United States, pursuant to Federal law and in
accordance with several Federal court decisions, has affirmed
the rights of the Alabama-Coushatta Tribe of Texas (Alabama-
Coushatta Tribe), to free and undisturbed use and occupancy of
its aboriginal lands, including the right to compensation when
those rights are violated.
(4) The Alabama-Coushatta Tribe's lands in southeastern
Texas have been subject to illegal trespass and use, depriving
the Alabama-Coushatta Tribe of critical economic development
opportunities, including valuable timber production and oil and
gas leasing.
(5) In June 2000, the United States Court of Federal Claims
ruled that--
(A) the United States violated its fiduciary
obligations to the Alabama-Coushatta Tribe by knowingly
failing to protect 2.85 million acres of the aboriginal
lands of the Tribe in southeastern Texas;
(B) this failure would have constituted a claim
eligible to be heard by the Indian Claims Commission
established by the first section of the Act of August
13, 1946; and
(C) as described in House Resolution 69 (98th
Congress), which was passed on 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
loss of the 2,850,000 acres of aboriginal lands
illegally occupied by non-Indian settlers after 1845.
(6) In October 2002, the United States Court of Federal
Claims adopted $270,600,000 as the jointly stipulated amount of
economic damages to be recovered by the Alabama-Coushatta Tribe
from the United States.
(7) While the Alabama-Coushatta Tribe is asserting
outstanding claims regarding its aboriginal lands, the Tribe
has elected to forego, relinquish, waive, and otherwise
extinguish any such claims, on the condition that Congress
amend the Tribe's 1987 Restoration Act, as hereinafter
described.
(8) Congress desires to empower the Alabama-Coushatta Tribe
to govern its own economic future and appreciates the Tribe's
willingness to forego these land claims in exchange for
improved economic self-sufficiency.
(9) This Act is a good faith effort on the part of Congress
to compensate the Alabama-Coushatta Tribe for the loss of its
aboriginal lands by providing the Tribe with the same economic
development opportunity, under the same terms and conditions,
that is available to other federally recognized Indian tribes,
in exchange for the Tribe's agreement to relinquish its land
claims as described above.
(10) In the absence of Congressional action, these land
claims will likely be pursued through the courts, a process
that would take many years and thereby promote divisiveness and
uncertainty in the State of Texas, to the ultimate detriment of
the Alabama-Coushatta Tribe, its members, and all other
citizens of the State of Texas.
(b) Purposes.--The purposes of this Act are as follows:
(1) To recognize and compensate the Alabama-Coushatta Tribe
for the loss of its aboriginal lands and the resulting loss of
economically productive use of those lands for decades.
(2) To restore economic development opportunity to the
Alabama-Coushatta Tribe on terms that are equal and fair.
(3) To resolve claims by the Alabama-Coushatta Tribe
regarding the loss of its aboriginal lands.
(4) To insulate the Federal Government and taxpayers from
the potential for greater and ongoing liability stemming from
these claims.
SEC. 3. RESTORATION ACT AMENDMENT.
For the purpose of restoring economic development opportunity on
terms that are equal and fair, section 207 of Public Law 100-89 (25
U.S.C. 737) is hereby repealed.
SEC. 4. DISMISSAL OF LAND CLAIMS.
Not later than 180 days after the date of the 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 lands, or an
interest in the aboriginal lands, of the Tribe.
SEC. 5. EXTINGUISHMENT OF CLAIMS.
(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 of Texas, or any predecessor in interest or any
of its members, against the United States, the State of Texas, or any
landowner, which is based on any interest in, or right involving, any
land or natural resources, shall be regarded as extinguished.
(b) Construction.--Nothing in this section--
(1) affects or limits the personal claim of an individual
Indian (except for a Federal common law fraud claim) which is
pursued under any law of general applicability that protects
non-Indians as well as Indians; or
(2) alters the status of lands held in trust by the United
States on behalf of the Alabama-Coushatta Tribe.
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