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

Summary: Alabama-Coushatta Tribe of Texas Equal and Fair Opportunity Settlement Act - Amends the Alabama-Coushatta Tribes of Texas Restoration Act to delete a provision prohibiting the Alabama-Coushatta Tribe of Texas from conducting gaming activities on its lands if those gaming activities are prohibited by Texas. Approves and ratifies any prior invalid transfer of land or natural resources within Texas from, by, or on behalf of the Tribe or any predecessor in interest or any of its members. Extinguishes any aboriginal title held by the Tribe, or any predecessor in interest or any of its members, to the land or natural resources the transfer of which is approved and ratified by this Act. Extinguishes any claim by or on behalf of the Tribe, or any predecessor in interest or any of its members, against Texas or the United States regarding the transferred or aboriginal lands or natural resources. Requires the United States and the Tribe to execute and file with the U.S. District Court for the Eastern District of Texas a motion for entry of final judgment in accordance with the terms of this Act of pending litigation regarding the government's failure to discharge its fiduciary duty to the Tribe.

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.

    Congress finds and declares that:
     (a) Findings and Declarations.--
            (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 tribes, including 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 holds aboriginal title to 
        land in southeastern Texas that has 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 the Alabama-Coushatta Tribe retained aboriginal 
        title to 5.5 million acres of land in southeastern Texas. In 
        its decision, the Court also ruled that the United States is 
        responsible for the Tribe's loss of use of more than 2.85 
        million acres.
            (6) In October 2002, the United States Court of Federal 
        Claims adopted the sum of Two Hundred Seventy Million Six 
        Hundred Thousand Dollars ($270,600,000) as the jointly 
        stipulated amount of economic damages to be recovered by the 
        Alabama-Coushatta Tribe from the United States.
            (7) There is pending before the United States District 
        Court for the Eastern District of Texas a lawsuit by the 
        Alabama-Coushatta Tribe, seeking declaratory and injunctive 
        relief based on the United States failure to discharge its 
        fiduciary duty to the Tribe.
            (8) Despite the Alabama-Coushatta Tribe's strongly held 
        beliefs about the rights it possesses regarding its aboriginal 
        lands, the Tribe has decided to forego, relinquish, waive, and 
        otherwise disclaim any such rights, on the condition that 
        Congress authorize a restoration of its Federal status, as 
        hereinafter described.
            (9) The Congress shares with the State of Texas and the 
        parties to this litigation a desire to empower the Alabama-
        Coushatta Tribe to govern its own economic future and 
        appreciates the Tribe's willingness to forego its aboriginal 
        rights in exchange for improved economic self-sufficiency.
            (10) This legislation represents a good faith effort on the 
        part of Congress to provide the Alabama-Coushatta Tribe with an 
        economic development opportunity under the same terms and 
        conditions as other federally recognized Indian tribes, in 
        exchange for the Tribe's agreement to relinquish its rights as 
        described above.
            (11) In the absence of Congressional action, these land 
        claims and related claims will be pursued through the courts, a 
        process which in all likelihood will consume many years and 
        thereby promote hostility 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.--
            It is the purpose of this subchapter--
            (1) to recognize the Alabama-Coushatta Tribe's loss of its 
        aboriginal lands and the resulting loss of any economically 
        productive use of those lands for decades;
            (2) to restore an economic development opportunity to the 
        Alabama-Coushatta Tribe on terms that are equal and fair;
            (3) to resolve questions about the rights and obligations 
        of those landowners in Texas that hold title subject to the 
        Tribe's aboriginal title; and
            (4) to insulate the Federal Government and taxpayers from 
        potentially greater and ongoing liability from these claims.

SEC. 3. RESTORATION ACT AMENDMENT.

    For the purpose of restoring an economic development opportunity on 
terms that are equal and fair, Section 207 of the Alabama-Coushatta 
Tribes of Texas Restoration Act, Public Law 100-89 (25 U.S.C. 737) is 
hereby deleted.

SEC. 4. JUDGMENT AND DISMISSAL OF LITIGATION.

    Not later than six months after the date of enactment, the United 
States and the Alabama-Coushatta Tribe of Texas shall execute and file 
with the United States District Court for the Eastern District of Texas 
in the pending litigation a motion for entry of final judgment in 
accordance with the terms of this subchapter.

SEC. 5. APPROVAL OF PRIOR TRANSFERS AND EXTINGUISHMENT OF CLAIMS AND 
              ABORIGINAL TITLE.

    (a) Approval and Ratification of Prior Transfers.--
            Any invalid transfer before the date of the introduction of 
        this legislation of land or natural resources located within 
        the State of Texas, including but not limited to transfers 
        pursuant to a statute or treaty of, or with, any State or the 
        United States, from, by, or on behalf of the Alabama-Coushatta 
        Tribe of Texas, or any predecessor in interest or any of its 
        members, shall be deemed to have been made in compliance with 
        the Constitution and all laws of the United States. Congress 
        hereby does approve and ratify any such invalid transfer 
        effective as of the date of said transfer.
    (b) Extinguishment of Aboriginal Title.--
            By virtue of the approval and ratification of a transfer of 
        land or natural resources effected by subsection (a) of this 
        section, any aboriginal title held by the Alabama-Coushatta 
        Tribe of Texas, or any predecessor in interest or any of its 
        members, to any land or natural resources the transfer of which 
        was approved and ratified by subsection (a) of this section 
        shall be regarded as extinguished as of the date of such 
        transfer.
    (c) Extinguishment of Claims.--
            By virtue of the approval and ratification of a transfer of 
        land or natural resources effected by this section, or the 
        extinguishment of aboriginal title effected hereby, 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 or the State of Texas which is based 
        on--
            (1) any interest in or right involving any land or natural 
        resources the transfer of which was approved and ratified by 
        subsection (a) of this section, or
            (2) any aboriginal title to land or natural resources the 
        extinguishment of which was effected by subsection (b) of this 
        section,
shall be regarded as extinguished as of the date of any such transfer.
    (d) Savings Provisions.--
            (1) Nothing in this section shall be construed to affect or 
        eliminate 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.
            (2) Nothing in this subchapter is intended to alter the 
        status of lands held in trust by the United States on behalf of 
        the Alabama-Coushatta Tribe of Texas.