I 

116TH CONGRESS 

1ST SESSION H. R. 396 

To provide for the equitable settlement of certain Indian land disputes 

regarding land in Illinois, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2019 

Mr. MULLIN introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To provide for the equitable settlement of certain Indian 

land disputes regarding land in Illinois, and for other 

purposes. 

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

3 SECTION 1. SETTLEMENT OF CLAIMS. 

4 (a) FINDINGS.—The Congress finds the following: 

5 (1) The Miami Tribe of Oklahoma has chal6 lenged title of certain lands within the State of Illi7 nois based upon treaties negotiated with the United 

8 States. 

9 (2) The Miami Tribe of Oklahoma claims to be 

10 the rightful owner of approximately 2,648,420 acres 


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•HR 396 IH

1 of land reserved and guaranteed to it by the Federal 

2 Government in the Treaty of August 1, 1805 (7 

3 Stat. 91), known as the Treaty of Grouseland. 

4 (3) The land reserved and guaranteed to the 

5 Miami Tribe of Oklahoma by the Treaty of 

6 Grouseland is located in the State of Illinois and 

7 persons and entities other than the Miami Tribe of 

8 Oklahoma currently hold title to that land. 

9 (4) Congress desires to remove any cloud on 

10 title resulting from the Miami Tribe of Oklahoma’s 

11 claim to the land under the Treaty of Grouseland 

12 and to afford the Miami Tribe of Oklahoma the op13 portunity to resolve its claims arising from the Trea14 ty of Grouseland. 

15 (b) JURISDICTION CONFERRED ON THE UNITED

16 STATES COURT OF FEDERAL CLAIMS.—Notwithstanding 

17 any other provision of law, exclusive jurisdiction is hereby 

18 conferred upon the United States Court of Federal Claims 

19 to hear, determine, and render judgment on the Miami 

20 Tribe of Oklahoma’s land claim under the Treaty of Au21 gust 1, 1805 (7 Stat. 91), without regard to legal or equi22 table defenses based on the passage of time, including the 

23 statute of limitations identified in section 2501 of title 28, 

24 United States Code, and any delay-based defense, includ25 ing laches, estoppel or acquiescence, no matter how charVerDate Sep 11 2014 18:08 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H396.IH H396

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1 acterized. The United States shall be the only entity or 

2 individual liable regarding such a claim and monetary 

3 damages shall be the only available remedy. The jurisdic4 tion hereby conferred on the United States Court of Fed5 eral Claims shall expire unless a claim is filed by the 

6 Miami Tribe of Oklahoma within 1 year after the date 

7 of the enactment of this Act. 

8 (c) EXTINGUISHMENT OF TITLE AND CLAIMS.—Ex9 cept for the claim of the Miami Tribe of Oklahoma against 

10 the United States as a defendant in an action before the 

11 United States Court of Federal Claims as provided in sub12 section (b), all other claims of the Miami Tribe of Okla13 homa, or any member, descendant, or predecessor in inter14 est to the Miami Tribe to title are extinguished, including 

15 claims arising under the Treaty of Grouseland, the North16 west Ordinance, the 5th amendment to the Constitution, 

17 the laws commonly known as the ‘‘Trade and Intercourse 

18 Act of 1790’’, and any other Federal law, treaty, or agree19 ment. 

Æ 


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