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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Alabama-Coushatta Tribe of Texas
Equal and Fair Opportunity Settlement Act''.

SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY.

Congress finds and declares that:
(a) Findings and Declarations.--
(1) It is the policy of the United States to promote tribal
self-determination and economic self-sufficiency and to support
the resolution of disputes over historical claims.
(2) Sam Houston, as a leader in the Texas Revolution and
the President of the Republic of Texas, established friendly
relations with the tribes, expressed his personal appreciation
for the assistance of the tribes during the fight for Texas
independence, and endeavored to protect their lands and rights.
(3) The United States, pursuant to Federal law and in
accordance with several Federal court decisions, has affirmed
the rights of tribes, including the Alabama-Coushatta Tribe of
Texas (''Alabama-Coushatta Tribe''), to free and undisturbed
use and occupancy of its aboriginal lands, including the right
to compensation when those rights are violated.
(4) The Alabama-Coushatta Tribe holds aboriginal title to
land in southeastern Texas that has been subject to illegal
trespass and use, depriving the Alabama-Coushatta Tribe of
critical economic development opportunities, including valuable
timber production and oil and gas leasing.
(5) In June 2000, the United States Court of Federal Claims
ruled that the Alabama-Coushatta Tribe retained aboriginal
title to 5.5 million acres of land in southeastern Texas. In
its decision, the Court also ruled that the United States is
responsible for the Tribe's loss of use of more than 2.85
million acres.
(6) In October 2002, the United States Court of Federal
Claims adopted the sum of Two Hundred Seventy Million Six
Hundred Thousand Dollars ($270,600,000) as the jointly
stipulated amount of economic damages to be recovered by the
Alabama-Coushatta Tribe from the United States.
(7) There is pending before the United States District
Court for the Eastern District of Texas a lawsuit by the
Alabama-Coushatta Tribe, seeking declaratory and injunctive
relief based on the United States failure to discharge its
fiduciary duty to the Tribe.
(8) Despite the Alabama-Coushatta Tribe's strongly held
beliefs about the rights it possesses regarding its aboriginal
lands, the Tribe has decided to forego, relinquish, waive, and
otherwise disclaim any such rights, on the condition that
Congress authorize a restoration of its Federal status, as
hereinafter described.
(9) The Congress shares with the State of Texas and the
parties to this litigation a desire to empower the Alabama-
Coushatta Tribe to govern its own economic future and
appreciates the Tribe's willingness to forego its aboriginal
rights in exchange for improved economic self-sufficiency.
(10) This legislation represents a good faith effort on the
part of Congress to provide the Alabama-Coushatta Tribe with an
economic development opportunity under the same terms and
conditions as other federally recognized Indian tribes, in
exchange for the Tribe's agreement to relinquish its rights as
described above.
(11) In the absence of Congressional action, these land
claims and related claims will be pursued through the courts, a
process which in all likelihood will consume many years and
thereby promote hostility and uncertainty in the State of
Texas, to the ultimate detriment of the Alabama-Coushatta
Tribe, its members, and all other citizens of the State of
Texas.
(b) Purposes.--
It is the purpose of this subchapter--
(1) to recognize the Alabama-Coushatta Tribe's loss of its
aboriginal lands and the resulting loss of any economically
productive use of those lands for decades;
(2) to restore an economic development opportunity to the
Alabama-Coushatta Tribe on terms that are equal and fair;
(3) to resolve questions about the rights and obligations
of those landowners in Texas that hold title subject to the
Tribe's aboriginal title; and
(4) to insulate the Federal Government and taxpayers from
potentially greater and ongoing liability from these claims.

SEC. 3. RESTORATION ACT AMENDMENT.

For the purpose of restoring an economic development opportunity on
terms that are equal and fair, Section 207 of the Alabama-Coushatta
Tribes of Texas Restoration Act, Public Law 100-89 (25 U.S.C. 737) is
hereby deleted.

SEC. 4. JUDGMENT AND DISMISSAL OF LITIGATION.

Not later than six months after the date of enactment, the United
States and the Alabama-Coushatta Tribe of Texas shall execute and file
with the United States District Court for the Eastern District of Texas
in the pending litigation a motion for entry of final judgment in
accordance with the terms of this subchapter.

SEC. 5. APPROVAL OF PRIOR TRANSFERS AND EXTINGUISHMENT OF CLAIMS AND
ABORIGINAL TITLE.

(a) Approval and Ratification of Prior Transfers.--
Any invalid transfer before the date of the introduction of
this legislation of land or natural resources located within
the State of Texas, including but not limited to transfers
pursuant to a statute or treaty of, or with, any State or the
United States, from, by, or on behalf of the Alabama-Coushatta
Tribe of Texas, or any predecessor in interest or any of its
members, shall be deemed to have been made in compliance with
the Constitution and all laws of the United States. Congress
hereby does approve and ratify any such invalid transfer
effective as of the date of said transfer.
(b) Extinguishment of Aboriginal Title.--
By virtue of the approval and ratification of a transfer of
land or natural resources effected by subsection (a) of this
section, any aboriginal title held by the Alabama-Coushatta
Tribe of Texas, or any predecessor in interest or any of its
members, to any land or natural resources the transfer of which
was approved and ratified by subsection (a) of this section
shall be regarded as extinguished as of the date of such
transfer.
(c) Extinguishment of Claims.--
By virtue of the approval and ratification of a transfer of
land or natural resources effected by this section, or the
extinguishment of aboriginal title effected hereby, any claim
(including any claim for damages for trespass or for use and
occupancy) by, or on behalf of, the Alabama-Coushatta Tribe of
Texas, or any predecessor in interest or any of its members,
against the United States or the State of Texas which is based
on--
(1) any interest in or right involving any land or natural
resources the transfer of which was approved and ratified by
subsection (a) of this section, or
(2) any aboriginal title to land or natural resources the
extinguishment of which was effected by subsection (b) of this
section,
shall be regarded as extinguished as of the date of any such transfer.
(d) Savings Provisions.--
(1) Nothing in this section shall be construed to affect or
eliminate the personal claim of an individual Indian (except
for a Federal common law fraud claim) which is pursued under
any law of general applicability that protects non-Indians as
well as Indians.
(2) Nothing in this subchapter is intended to alter the
status of lands held in trust by the United States on behalf of
the Alabama-Coushatta Tribe of Texas.
A:
Alabama-Coushatta Tribe of Texas Equal and Fair Opportunity Settlement Act - Amends the Alabama-Coushatta Tribes of Texas Restoration Act to delete a provision prohibiting the Alabama-Coushatta Tribe of Texas from conducting gaming activities on its lands if those gaming activities are prohibited by Texas. Approves and ratifies any prior invalid transfer of land or natural resources within Texas from, by, or on behalf of the Tribe or any predecessor in interest or any of its members. Extinguishes any aboriginal title held by the Tribe, or any predecessor in interest or any of its members, to the land or natural resources the transfer of which is approved and ratified by this Act. Extinguishes any claim by or on behalf of the Tribe, or any predecessor in interest or any of its members, against Texas or the United States regarding the transferred or aboriginal lands or natural resources. Requires the United States and the Tribe to execute and file with the U.S. District Court for the Eastern District of Texas a motion for entry of final judgment in accordance with the terms of this Act of pending litigation regarding the government's failure to discharge its fiduciary duty to the Tribe.