Alabama-Coushatta Tribe of Texas Equal and Fair Opportunity Settlement Act

Summary: Alabama-Coushatta Tribe of Texas Equal and Fair Opportunity Settlement Act  This bill amends the Alabama-Coushatta Tribes of Texas Restoration Act to repeal the prohibition against gaming activities by the Alabama-Coushatta Tribe of Texas on its lands if those gaming activities are prohibited by Texas law.  The United States and the Tribe must execute and file in each applicable court a motion for dismissal of any pending claim arising out of or relating to any interest in the aboriginal lands of the Tribe.  Any claim by or on behalf of the Tribe, or any predecessor in interest or any of its members, against the United States, Texas, or any landowner, which is based on any interest in or right involving any land or natural resources regarding the aboriginal lands, is hereby extinguished.

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.