[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 396 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 396

To provide for the equitable settlement of certain Indian land disputes 
          regarding land in Illinois, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 2019

  Mr. Mullin introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To provide for the equitable settlement of certain Indian land disputes 
          regarding land in Illinois, 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. SETTLEMENT OF CLAIMS.

    (a) Findings.--The Congress finds the following:
            (1) The Miami Tribe of Oklahoma has challenged title of 
        certain lands within the State of Illinois based upon treaties 
        negotiated with the United States.
            (2) The Miami Tribe of Oklahoma claims to be the rightful 
        owner of approximately 2,648,420 acres of land reserved and 
        guaranteed to it by the Federal Government in the Treaty of 
        August 1, 1805 (7 Stat. 91), known as the Treaty of Grouseland.
            (3) The land reserved and guaranteed to the Miami Tribe of 
        Oklahoma by the Treaty of Grouseland is located in the State of 
        Illinois and persons and entities other than the Miami Tribe of 
        Oklahoma currently hold title to that land.
            (4) Congress desires to remove any cloud on title resulting 
        from the Miami Tribe of Oklahoma's claim to the land under the 
        Treaty of Grouseland and to afford the Miami Tribe of Oklahoma 
        the opportunity to resolve its claims arising from the Treaty 
        of Grouseland.
    (b) Jurisdiction Conferred on the United States Court of Federal 
Claims.--Notwithstanding any other provision of law, exclusive 
jurisdiction is hereby conferred upon the United States Court of 
Federal Claims to hear, determine, and render judgment on the Miami 
Tribe of Oklahoma's land claim under the Treaty of August 1, 1805 (7 
Stat. 91), without regard to legal or equitable defenses based on the 
passage of time, including the statute of limitations identified in 
section 2501 of title 28, United States Code, and any delay-based 
defense, including laches, estoppel or acquiescence, no matter how 
characterized. The United States shall be the only entity or individual 
liable regarding such a claim and monetary damages shall be the only 
available remedy. The jurisdiction hereby conferred on the United 
States Court of Federal Claims shall expire unless a claim is filed by 
the Miami Tribe of Oklahoma within 1 year after the date of the 
enactment of this Act.
    (c) Extinguishment of Title and Claims.--Except for the claim of 
the Miami Tribe of Oklahoma against the United States as a defendant in 
an action before the United States Court of Federal Claims as provided 
in subsection (b), all other claims of the Miami Tribe of Oklahoma, or 
any member, descendant, or predecessor in interest to the Miami Tribe 
to title are extinguished, including claims arising under the Treaty of 
Grouseland, the Northwest Ordinance, the 5th amendment to the 
Constitution, the laws commonly known as the ``Trade and Intercourse 
Act of 1790'', and any other Federal law, treaty, or agreement.
                                 <all>