[104th Congress Public Law 198]
[From the U.S. Government Printing Office]


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[DOCID: f:publ198.104]


[[Page 110 STAT. 2418]]

 

Public Law 104-198
104th Congress

                                 An Act


 
To confer jurisdiction on the United States Court of Federal Claims with 
 respect to land claims of Pueblo of Isleta Indian Tribe. <<NOTE: Sept. 
                        18, 1996 -  [H.R. 740]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: New Mexico.>> 

SECTION 1. JURISDICTION.

    Notwithstanding sections 2401 and 2501 of title 28, United States 
Code, and section 12 of the Act of August 13, 1946 (60 Stat. 1052), or 
any other law which 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 Pueblo of Isleta Indian Tribe of New Mexico against the United 
States with respect to any lands or interests therein the State of New 
Mexico or any adjoining State held by aboriginal title or otherwise 
which were acquired from the tribe without payment of adequate 
compensation by the United States. As a matter of adequate compensation, 
the United States Claims Court may award interest at a rate of five 
percent per year to accrue from the date on which such lands or 
interests therein were acquired from the tribe by the United States. 
Such jurisdiction is conferred only with respect to claims accruing on 
or before August 13, 1946, and all such claims must be filed within 
three years after the date of enactment of this Act. 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.

    Approved September 18, 1996.

LEGISLATIVE HISTORY--H.R. 740:
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HOUSE REPORTS: No. 104-694 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 142 (1996):
            July 29, considered and passed House.
            Sept. 4, considered and passed Senate.

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