A bill to authorize the Assiniboine Tribe and the Blackfeet Tribe to file in the Court of Claims any claims against the United States for damages for delay in payment for lands claimed to be taken in violation of the United States Constitution, and for other purposes
PL 96-434 (S.1796), enacted 10/10/1980

PUBLIC LAW 96-434—OCT. 10, 1980 
94 STAT. 1859 
Public Law 96-434 
96th Congress 
An Act 
To authorize the Assiniboine Tribe to file in the Court of Claims any claims against 
the United States for damages for delay in payment for lands claimed to be taken 
in violation of the United States Constitution, and for other purposes. 
Oct. 10, 1980 
[S. 1796] 
Assiniboine 
Tribe. 
Claims against 
U.S. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. 
SECTION 1. Notwithstanding sections 2401 and 2501 of title 28, 
United States Code, and section 12 of the Indian Claims Commission 
Act of August 13, 1946 (60 Stat. 1052; 25 U.S.C. 70k), and notwith-
standing the lapse of time, statutes of limitations, or the defense of 
res judicata or collateral estoppel, or any other provisions of law, 
jurisdiction is hereby conferred upon the Court of Claims to hear, 
determine, and render judgment on any claim filed by the Assini-
boine Nation or Tribe within one year from the date of this Act for 
the taking under the fifth amendment of the Constitution of the six 
million four hundred and seventy-seven thousand nine hundred and 
forty acres of land defined as the territory of the Assiniboine Nation 
in the Treaty of Fort Laramie of September 17,1851 (11 Stat. 749), to 
which the Assiniboine Nation and the United States were parties, 
being the same land determined by the Court of Claims to have an 
average value of 50 cents per acre for a total of $3,238,970 in 
Assiniboine Indian Tribe versus United States (77 Ct. CI. 347) (1933), 
appeeil dismissed and certiorari denied (292 U.S. 606) (1934) (herein-
Erfter "prior case"): Provided, That the value of the land fixed at an 
average of 50 cents per acre in the prior c£ise shall be binding on the 
parties in any suit brought under this Act. 
SEC. 2. If the Court of Claims determines that the claimant is 
entitled to just compensation under the fifth amendment, the Court 
shsdl enter an award computed on the basis of established judicial 
precedent: Provided, however. That as a measure of just compensa- interest rate 
tion the Court shall compute interest at the rate of 5 per centum per 
annum. In calculating any award due claimant, the Court shall treat 
the amount of $2,492,319, that portion of offsets in the prior case that 
represents the tribe's own funds, as if that sum had not been offset in 
the prior C£ise: Provided further. That the court shall give appropriate 
credit to the United States for that portion of the $2,492,319, to wit 
the amount of $1,242,796 paid to the tribe by the Act of January 8, 
1971 (84 Stat. 1981), in satisfaction of the judgment of the Indian 
Claims Commission in Assiniboine Tribes against United States, 
Numbered 279A, affirmed 192 Ct. CI. 679 (1970). No offsets, including Offsets. 
gratuities, subsequent to the terminal date of the accounting in the 
prior case shall be allowed or deducted from any judgment entered 
under authority of this Act, except that the United States shall be 
entitled tc an offset, against any judgment entered under authority of 
this Act, of the sum of money, if any, awarded as a judgment in the 
prior case. 
SEC. 3. The provisions of section 15 of the Act of August 13,1946 (60 
Stat. 1053; 25 U.S.C. 70n), shall be applicable with respect to any 
claim filed pursuant to this Act in the same manner and to the same 
Award. 
94 STAT, 1860 
PUBLIC LAW 96-434—OCT. 10, 1980 
extent as if such claim were pending before the Indian Claims 
Commission except that the functions of the Commission shall be 
performed by the Court of Claims. 
SEC. 4. The provisions of the Act of November 4,1963 (77 Stat. 301; 
25 U.S.C. 70n-l-7), shall be applicable with respect to any claim filed 
pursuant to this Act in the same manner and to the same extent as if 
such claim were pending before the Indian Claims Commission 
except that reference to the Commission shall be deemed to be to the 
Court of 
Claims. 
Approved October 10, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-1358 (Comm. on Interior and Insular Affairs). 
SENATE REPORT No. 96-835 (Select Ck)mm. on Indian Affairs and Comm. on the 
Judiciary). 
CONGRESSIONAL RECORD, Vol. 126 (1980): 
July 21, considered and passed Senate. 
Sept. 29, considered and passed House, amended. 
Sept. 30, Senate concurred in House amendment.