II 

113TH CONGRESS 

2D SESSION S. 2923 

To restore an opportunity for economic development by the AlabamaCoushatta Tribe on terms that are equal and fair, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 13, 2014 

Mr. TESTER introduced the following bill; which was read twice and referred 

to the Committee on Indian Affairs 

A BILL 

To restore an opportunity for economic development by the 

Alabama-Coushatta Tribe 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. FINDINGS; PURPOSES. 

8 (a) FINDINGS.—Congress finds that— 

9 (1) it is the policy of the United States to pro10 mote tribal self-determination and economic self-sufVerDate Sep 11 2014 02:25 Nov 14, 2014 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2923.IS S2923

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1 ficiency and to support the resolution of disputes 

2 over historical claims; 

3 (2) the United States, pursuant to Federal law 

4 and in accordance with several Federal court deci5 sions, has affirmed the rights of tribes, including the 

6 Alabama-Coushatta Tribe, to free and undisturbed 

7 use and occupancy of the aboriginal land of the 

8 tribes, including the right to compensation when 

9 those rights are violated; 

10 (3) in June 2000, in the case entitled Alabama11 Coushatta Tribe of Texas v. U.S. (Fed. Cl. Jun 19, 

12 2000) (No. 3–83), the United States Court of Fed13 eral Claims ruled that— 

14 (A) the United States violated the fidu15 ciary obligations of the United States by know16 ingly failing to protect 2,850,000 acres of the 

17 aboriginal land of the Alabama-Coushatta 

18 Tribe; 

19 (B) that failure would have consituted a 

20 claim eligible to be heard by the Indian Claims 

21 Commission established by the first section of 

22 the Act of August 13, 1946 (commonly known 

23 as the ‘‘Indian Claims Commission Act’’) (60 

24 Stat. 1049, chapter 959) (and terminated by 


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1 section 23 of that Act (70 Stat. 624, chapter 

2 679)); and 

3 (C) as described in House Resolution 69 

4 (98th Congress) (November 1, 1983), it was 

5 the sense of the House of Representatives that 

6 the Federal Government should pay full mone7 tary compensation to the Alabama-Coushatta 

8 Tribe for the 2,850,028 acres of aboriginal land 

9 illegally occupied by non-Indian settlers after 

10 1845; 

11 (4) in October 2002, the United States Court 

12 of Federal Claims awarded $270,600,000 as the 

13 jointly stipulated amount of economic damages to be 

14 recovered by the Alabama-Coushatta Tribe from the 

15 United States; and 

16 (5) this Act represents a good faith effort on 

17 the part of Congress to provide the Alabama18 Coushatta Tribe with the compensation that the 

19 United States Court of Claims has determined is 

20 owed to the Alabama-Coushatta Tribe. 

21 (b) PURPOSES.—The purposes of this Act are— 

22 (1) to recognize the loss by the Alabama23 Coushatta Tribe of the aboriginal land and the re24 sulting loss of any economically productive use of the 

25 aboriginal land for decades; 


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1 (2) to restore an economic development oppor2 tunity to the Alabama-Coushatta Tribe on terms 

3 that are equal and fair; and 

4 (3) to protect the Federal Government and tax5 payers from liability arising out of or relating to 

6 claims on the aboriginal land. 

7 SEC. 3. RESTORATION ACT AMENDMENT. 

8 Section 207 of Public Law 100–89 (25 U.S.C. 737) 

9 is repealed. 

10 SEC. 4. DISMISSAL OF CLAIMS. 

11 Not later than 180 days after the date of enactment 

12 of this Act, the United States and the Alabama-Coushatta 

13 Tribe shall execute and file in each applicable court a mo14 tion for dismissal of any pending claim arising out of or 

15 relating to the aboriginal land or an interest in the aborigi16 nal land. 

17 SEC. 5. APPROVAL OF INVALID TRANSFERS; EXTINGUISH18 MENT OF CLAIMS AND ABORIGINAL TITLE. 

19 (a) EXTINGUISHMENT OF CLAIMS.—Any claim (in20 cluding any claim for damages for trespass or for use and 

21 occupancy) by, or on behalf of, the Alabama-Coushatta 

22 Tribe against the United States or the State of Texas for 

23 the loss of aboriginal title shall be deemed to be extin24 guished. 

25 (b) CONSTRUCTION.—Nothing in this subsection— 


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1 (1) affects or limits any personal claim (except 

2 for a Federal common law fraud claim) of an indi3 vidual Indian that is pursued under any law of gen4 eral applicability that protects non-Indians and Indi5 ans; or 

6 (2) alters the status of land held in trust by the 

7 United States on behalf of the Alabama-Coushatta 

8 Tribe. 

Æ 


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