Calendar No. 680

103D CONGRESS

2D SESSION S. 1422

A BILL

To confer jurisdiction of the United States Claims

Isleta Indian Tribe.Court with respect to land claims of Pueblo of

SEPTEMBER 28 (legislative day, SEPTEMBER 12), 1994

Reported with an amendment and an amendment to the

title
II

Calendar No. 680

103D CONGRESS

2D SESSION S. 1422

To confer jurisdiction of the United States Claims Court with respect to

land claims of Pueblo of Isleta Indian Tribe.

IN THE SENATE OF THE UNITED STATES

AUGUST 6 (legislative day, JUNE 30), 1993

Mr. BINGAMAN (for himself and Mr. DOMENICI) introduced the following bill;

which was read twice and referred to the Committee on the Judiciary

SEPTEMBER 28 (legislative day, SEPTEMBER 12), 1994

Reported by Mr. BIDEN, with an amendment and an amendment to the title

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To confer jurisdiction of the United States Claims Court

with respect to land claims of Pueblo of Isleta Indian Tribe.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. JURISDICTION.

4 Notwithstanding sections 2401 and 2501 of title 28,

5 United States Code, and section 12 of the Act of August

6 13, 1946 (60 Stat. 1052), or any other law which would

7 interpose or support a defense of untimeliness, jurisdiction
2

S 1422 RS

1 is hereby conferred upon the United States Claims Court

2 to hear, determine, and render judgment on any claim by

3 Pueblo of Isleta Indian Tribe of New Mexico against the

4 United States with respect to any lands or interests there5 in the State of New Mexico or any adjoining State held

6 by aboriginal title or otherwise which were acquired from

7 the tribe without payment of adequate compensation by

8 the United States. As a matter of adequate compensation,

9 the United States Claims Court may award interest at a

10 rate of 5 percent per year to accrue from the date on

11 which such lands or interests therein were acquired from

12 the tribe by the United States. Such jurisdiction is con13 ferred only with respect to claims accruing on or before

14 August 13, 1946, and all such claims must be filed within

15 three years after the date of enactment of this Act. Such

16 jurisdiction is conferred notwithstanding any failure of the

17 tribe to exhaust any available administrative remedy.

18 SEC. 2. CERTAIN DEFENSES NOT APPLICABLE.

19 Any award made to any Indian tribe other than the

20 Pueblo of Isleta Indian Tribe of New Mexico before, on,

21 or after the date of the enactment of this Act, under any

22 judgment of the Indian Claims Commission or any other

23 authority, with respect to any lands that are the subject

24 of a claim submitted by the tribe under section 1 shall

25 not be considered a defense, estoppel, or set-off to such
3

S 1422 RS

1 claim, and shall not otherwise affect the entitlement to,

2 or amount of, any relief with respect to such claim.

3 SECTION 1. JURISDICTION.

4 Notwithstanding sections 2401 and 2501 of title 28,

5 United States Code, and section 12 of the Act of August

6 13, 1946 (60 Stat. 1052), or any other law which would

7 interpose or support a defense of untimeliness, jurisdiction

8 is hereby conferred upon the United States Court of Federal

9 Claims to hear, determine, and render judgment on any

10 claim by Pueblo of Isleta Indian Tribe of New Mexico

11 against the United States with respect to any lands or in12 terests therein the State of New Mexico or any adjoining

13 State held by aboriginal title or otherwise which were ac14 quired from the tribe without payment of adequate com15 pensation by the United States. As a matter of adequate

16 compensation, the United States Court of Federal Claims

17 may award interest at a rate of 5 percent per year to accrue

18 from the date on which such lands or interests therein were

19 acquired from the tribe by the United States. Such jurisdic20 tion is conferred only with respect to claims accruing on

21 or before August 13, 1946, and all such claims must be filed

22 within three years after the date of enactment of this Act.

23 Such jurisdiction is conferred notwithstanding any failure

24 of the tribe to exhaust any available administrative remedy.
4

S 1422 RS

1 SEC. 2. CERTAIN DEFENSES NOT APPLICABLE.

2 Any award made to any Indian tribe other than the

3 Pueblo of Isleta Indian Tribe of New Mexico before, on, or

4 after the date of the enactment of this Act, under any judg5 ment of the Indian Claims Commission or any other au6 thority, with respect to any lands that are the subject of

7 a claim submitted by the tribe under section 1 shall not

8 be considered a defense, estoppel, or set-off to such claim,

9 and shall not otherwise affect the entitlement to, or amount

10 of, any relief with respect to such claim.

Amend the title so as to read: ‘‘A bill to confer jurisdiction on the United States Court of Federal Claims

with respect to land claims of Pueblo of Isleta Indian

Tribe.’’.