A bill to authorize the Three Affiliated Tribes of the Fort Berthold Reservation 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 96-404 (S.341), enacted 10/09/1980

PUBLIC LAW 96-404—OCT. 9, 1980 
94 STAT. 1711 
Public Law 96-404 
96th Congress 
An Act 
To authorize the Three Affiliated Tribes of the Fort Berthold Reservation to file in 
Oct. 9, 1980 
the Court of Claims any claims against the United States for damages for delay in 
[S. 341] 
payment for lands claimed to be taken in violation of the United States Constitu-
tion, and for other purposes. 
Fort Berthold 
Reservation 
Tribes, damage 
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 Three 
Affiliated Tribes of the Fort Berthold Reservation within one year 
from the date of this Act for the taking under the fifth amendment of 
the Constitution of the nine million eight hundred and forty-six use prec. title i. 
thousand one hundred eighty-six and ninety-three one-hundredths 
acres of land defined as the territory of the Three Affiliated Tribes in 
the Treaty of Fort Laramie of September 17, 1851 (11 Stat. 749), to 
which the Three Affiliated Tribes of the Fort Berthold Reservation 
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 $4,923,093.47 in Fort Berthold Indians versus United 
States (71 Ct. CI. 308) (1930) (hereinafter "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 Award. 
entitled to just compensation under the fifth amendment, the Court 
shall enter an award computed on the basis of established judicial 
precedent: Provided, however. That as a measure of just compensa-
tion the Court shall compute interest at the rate of 5 per centum per 
annum. No offsets, including 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 to 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 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. 
Interest. 
Offsets. 
79-194 
O—81—pt. 2 
28:QL3 
94 STAT. 1712 
PUBLIC LAW 96-404—OCT. 9, 1980 
25 u s e 70n-l-
70n-7. 
SEC. 4. The provisions of the Act of November 4,1963 (77 Stat. 801; 
25 U.S.C. 70n-l-7), shall be applicable with respect to any clsdm £Qea 
pursuant to this Act in the same manner and to the same extent as if 
such claim were pending before the Indian dauns Commission 
except that reference to the Ck>mmi8sion shall be deemed to be to the 
Court of 
Claims. 
Approved October 9, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-1356 (Comm. on Interior and Insular Affairs). 
SENATE REPORT No. 96-833 (Comms. on Indian Affairs and the Judiciary). 
CONGRESSIONAL RECORD, Vol. 126 (1980): 
July 21, considered and passed Senate. 
Sept. 29, considered and passed House.