[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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