I 

113TH CONGRESS 

1ST SESSION H. R. 1144 

To restore an opportunity for tribal economic development on terms that 

are equal and fair, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 13, 2013 

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

Committee on Natural Resources 

A BILL 

To restore an opportunity for tribal economic development 

on terms that are equal and fair, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Alabama-Coushatta 

5 Tribe of Texas Equal and Fair Opportunity Settlement 

6 Act’’. 

7 SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF 

8 POLICY. 

9 Congress finds and declares that: 

10 (a) FINDINGS AND DECLARATIONS.— 


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1 (1) It is the policy of the United States to pro2 mote tribal self-determination and economic self-suf3 ficiency and to support the resolution of disputes 

4 over historical claims. 

5 (2) Sam Houston, as a leader in the Texas Rev6 olution and the President of the Republic of Texas, 

7 established friendly relations with the tribes, ex8 pressed his personal appreciation for the assistance 

9 of the tribes during the fight for Texas independ10 ence, and endeavored to protect their lands and 

11 rights. 

12 (3) The United States, pursuant to Federal law 

13 and in accordance with several Federal court deci14 sions, has affirmed the rights of tribes, including the 

15 Alabama-Coushatta Tribe of Texas (‘‘Alabama16 Coushatta Tribe’’), to free and undisturbed use and 

17 occupancy of its aboriginal lands, including the right 

18 to compensation when those rights are violated. 

19 (4) The Alabama-Coushatta Tribe holds ab20 original title to land in southeastern Texas that has 

21 been subject to illegal trespass and use, depriving 

22 the Alabama-Coushatta Tribe of critical economic 

23 development opportunities, including valuable timber 

24 production and oil and gas leasing. 


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1 (5) In June 2000, the United States Court of 

2 Federal Claims ruled that the Alabama-Coushatta 

3 Tribe retained aboriginal title to 5.5 million acres of 

4 land in southeastern Texas. In its decision, the 

5 Court also ruled that the United States is respon6 sible for the Tribe’s loss of use of more than 2.85 

7 million acres. 

8 (6) In October 2002, the United States Court 

9 of Federal Claims adopted the sum of Two Hundred 

10 Seventy Million Six Hundred Thousand Dollars 

11 ($270,600,000) as the jointly stipulated amount of 

12 economic damages to be recovered by the Alabama13 Coushatta Tribe from the United States. 

14 (7) There is pending before the United States 

15 District Court for the Eastern District of Texas a 

16 lawsuit by the Alabama-Coushatta Tribe, seeking de17 claratory and injunctive relief based on the United 

18 States failure to discharge its fiduciary duty to the 

19 Tribe. 

20 (8) Despite the Alabama-Coushatta Tribe’s 

21 strongly held beliefs about the rights it possesses re22 garding its aboriginal lands, the Tribe has decided 

23 to forego, relinquish, waive, and otherwise disclaim 

24 any such rights, on the condition that Congress auVerDate Mar 14 2013 20:48 Mar 19, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1144.IH H1144

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1 thorize a restoration of its Federal status, as herein2 after described. 

3 (9) The Congress shares with the State of 

4 Texas and the parties to this litigation a desire to 

5 empower the Alabama-Coushatta Tribe to govern its 

6 own economic future and appreciates the Tribe’s 

7 willingness to forego its aboriginal rights in ex8 change for improved economic self-sufficiency. 

9 (10) This legislation represents a good faith ef10 fort on the part of Congress to provide the Alabama11 Coushatta Tribe with an economic development op12 portunity under the same terms and conditions as 

13 other federally recognized Indian tribes, in exchange 

14 for the Tribe’s agreement to relinquish its rights as 

15 described above. 

16 (11) In the absence of Congressional action, 

17 these land claims and related claims will be pursued 

18 through the courts, a process which in all likelihood 

19 will consume many years and thereby promote hos20 tility and uncertainty in the State of Texas, to the 

21 ultimate detriment of the Alabama-Coushatta Tribe, 

22 its members, and all other citizens of the State of 

23 Texas. 

24 (b) PURPOSES.— 

25 It is the purpose of this subchapter— 


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1 (1) to recognize the Alabama-Coushatta Tribe’s 

2 loss of its aboriginal lands and the resulting loss of 

3 any economically productive use of those lands for 

4 decades; 

5 (2) to restore an economic development oppor6 tunity to the Alabama-Coushatta Tribe on terms 

7 that are equal and fair; 

8 (3) to resolve questions about the rights and 

9 obligations of those landowners in Texas that hold 

10 title subject to the Tribe’s aboriginal title; and 

11 (4) to insulate the Federal Government and 

12 taxpayers from potentially greater and ongoing li13 ability from these claims. 

14 SEC. 3. RESTORATION ACT AMENDMENT. 

15 For the purpose of restoring an economic develop16 ment opportunity on terms that are equal and fair, Section 

17 207 of the Alabama-Coushatta Tribes of Texas Restora18 tion Act, Public Law 100–89 (25 U.S.C. 737) is hereby 

19 deleted. 

20 SEC. 4. JUDGMENT AND DISMISSAL OF LITIGATION. 

21 Not later than six months after the date of enact22 ment, the United States and the Alabama-Coushatta 

23 Tribe of Texas shall execute and file with the United 

24 States District Court for the Eastern District of Texas 


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1 in the pending litigation a motion for entry of final judg2 ment in accordance with the terms of this subchapter. 

3 SEC. 5. APPROVAL OF PRIOR TRANSFERS AND EXTIN4 GUISHMENT OF CLAIMS AND ABORIGINAL 

5 TITLE. 

6 (a) APPROVAL AND RATIFICATION OF PRIOR TRANS7 FERS.— 

8 Any invalid transfer before the date of the in9 troduction of this legislation of land or natural re10 sources located within the State of Texas, including 

11 but not limited to transfers pursuant to a statute or 

12 treaty of, or with, any State or the United States, 

13 from, by, or on behalf of the Alabama-Coushatta 

14 Tribe of Texas, or any predecessor in interest or any 

15 of its members, shall be deemed to have been made 

16 in compliance with the Constitution and all laws of 

17 the United States. Congress hereby does approve 

18 and ratify any such invalid transfer effective as of 

19 the date of said transfer. 

20 (b) EXTINGUISHMENT OF ABORIGINAL TITLE.— 

21 By virtue of the approval and ratification of a 

22 transfer of land or natural resources effected by sub23 section (a) of this section, any aboriginal title held 

24 by the Alabama-Coushatta Tribe of Texas, or any 

25 predecessor in interest or any of its members, to any 


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1 land or natural resources the transfer of which was 

2 approved and ratified by subsection (a) of this sec3 tion shall be regarded as extinguished as of the date 

4 of such transfer. 

5 (c) EXTINGUISHMENT OF CLAIMS.— 

6 By virtue of the approval and ratification of a 

7 transfer of land or natural resources effected by this 

8 section, or the extinguishment of aboriginal title ef9 fected hereby, any claim (including any claim for 

10 damages for trespass or for use and occupancy) by, 

11 or on behalf of, the Alabama-Coushatta Tribe of 

12 Texas, or any predecessor in interest or any of its 

13 members, against the United States or the State of 

14 Texas which is based on— 

15 (1) any interest in or right involving any land 

16 or natural resources the transfer of which was ap17 proved and ratified by subsection (a) of this section, 

18 or 

19 (2) any aboriginal title to land or natural re20 sources the extinguishment of which was effected by 

21 subsection (b) of this section, 

22 shall be regarded as extinguished as of the date of any 

23 such transfer. 

24 (d) SAVINGS PROVISIONS.— 


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1 (1) Nothing in this section shall be construed to 

2 affect or eliminate the personal claim of an indi3 vidual Indian (except for a Federal common law 

4 fraud claim) which is pursued under any law of gen5 eral applicability that protects non-Indians as well as 

6 Indians. 

7 (2) Nothing in this subchapter is intended to 

8 alter the status of lands held in trust by the United 

9 States on behalf of the Alabama-Coushatta Tribe of 

10 Texas. 

Æ 


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