[Congressional Record Volume 158, Number 166 (Friday, December 21, 2012)]
[Extensions of Remarks]
[Page E1987]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  REFERRING QUAPAW TRIBE OF OKLAHOMA TRUST CLAIMS TO COURT OF FEDERAL 
                                 CLAIMS

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                               speech of

                             HON. DAN BOREN

                              of oklahoma

                    in the house of representatives

                      Wednesday, December 19, 2012

  Mr. BOREN. Madam Speaker, the purpose of this statement is to clarify 
the scope of the resolution before us. It states that it encompasses 
Quapaw tribal and individual claims ``other than the legal claims that 
are pending in the Court of Federal Claims on the date of enactment of 
this resolution.''
  A question arises. If one or more of those currently pending legal 
claims are dismissed by the Court for lack of jurisdiction, would the 
dismissed claim be considered ``pending'' for purposes of this 
resolution?
  In my view, the answer is no. Our intention with the reference 
resolution is to request from the Chief Judge of the U.S. Court of 
Federal Claims a report containing findings of fact and conclusions of 
law concerning the nature, extent, and character of the Indian-trust 
related claims of the Quapaw Tribe of Oklahoma and its tribal members 
for compensation. As the language of the resolution suggests, these 
claims may be legal or equitable in nature, and exclude only the claims 
that are already within the jurisdiction of the Court of Federal Claims 
(including the statute of limitations) and are already pending in the 
Court of Federal Claims on the date of enactment. If a claim is 
dismissed as being outside the statute of limitations or for 
jurisdictional reasons, in my view, it was not pending on the date of 
enactment.
  The intent behind the resolution is to have the Court review and 
render a final and complete resolution of all such claims--that 
resolution to occur either in the pending cases under the jurisdiction 
already granted the Court of Federal Claims by the Indian Tucker Act or 
else under the terms of H. Res. 668.

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