,i #aacth ,,congress #ast ,session ,h4 ,r4 #aadd ,,in ,,the ,,house ,,of ,,representatives ,march #ac1 #bjac ,mr4 ,stockman introduced the following bill2 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 fair1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,alabama-,coushatta ,tribe of ,texas ,equal and ,fair ,opportunity ,settlement ,act4 #b4 ,congressional findings and declaration of policy ,congress finds and declares that3 7a7 ,findings and declarations 7#a7 ,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 claims4 7#b7 ,sam ,houston1 as a leader in the ,texas ,revolution and the ,president of the ,republic of ,texas1 established friendly relations with the tribes1 expressed his personal appreciation for the assistance of the tribes during the fight for ,texas independence1 and endeavored to protect their lands and rights4 7#c7 ,the ,united ,states1 pursuant to ,federal law and in accordance with several ,federal court decisions1 has affirmed the rights of tribes1 including the ,alabama-,coushatta ,tribe of ,texas 7,alabama-,coushatta ,tribe71 to free and undisturbed use and occupancy of its aboriginal lands1 including the right to compensation when those rights are violated4 7#d7 ,the ,alabama-,coushatta ,tribe holds aboriginal title to land in southeastern ,texas that has been subject to illegal trespass and use1 depriving the ,alabama-,coushatta ,tribe of critical economic development opportunities1 including valuable timber production and oil and gas leasing4 7#e7 ,in ,june #bjjj1 the ,united ,states ,court of ,federal ,claims ruled that the ,alabama-,coushatta ,tribe retained aboriginal title to #e4e million acres of land in southeastern ,texas4 ,in its decision1 the ,court also ruled that the ,united ,states is responsible for the ,tribe's loss of use of more than #b4he million acres4 7#f7 ,in ,october #bjjb1 the ,united ,states ,court of ,federal ,claims adopted the sum of ,two ,hundred ,seventy ,million ,six ,hundred ,thousand ,dollars 7#bgj1fjj1jjj7 as the jointly stipulated amount of economic damages to be recovered by the ,alabama-,coushatta ,tribe from the ,united ,states4 7#g7 ,there is pending before the ,united ,states ,district ,court for the ,eastern ,district of ,texas a lawsuit by the ,alabama-,coushatta ,tribe1 seeking declaratory and injunctive relief based on the ,united ,states failure to discharge its fiduciary duty to the ,tribe4 7#h7 ,despite the ,alabama-,coushatta ,tribe's strongly held beliefs about the rights it possesses regarding its aboriginal lands1 the ,tribe has decided to forego1 relinquish1 waive1 and otherwise disclaim any such rights1 on the condition that ,congress authorize a restoration of its ,federal status1 as hereinafter described4 7#i7 ,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-sufficiency4 7#aj7 ,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 tribes1 in exchange for the ,tribe's agreement to relinquish its rights as described above4 7#aa7 ,in the absence of ,congressional action1 these land claims and related claims will be pursued through the courts1 a process which in all likelihood will consume many years and thereby promote hostility and uncertainty in the ,state of ,texas1 to the ultimate detriment of the ,alabama-,coushatta ,tribe1 its members1 and all other citizens of the ,state of ,texas4 7b7 ,purposes ,it is the purpose of this subchapter-- 7#a7 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 decades2 7#b7 to restore an economic development opportunity to the ,alabama-,coushatta ,tribe on terms that are equal and fair2 7#c7 to resolve questions about the rights and obligations of those landowners in ,texas that hold title subject to the ,tribe's aboriginal title2 and 7#d7 to insulate the ,federal ,government and taxpayers from potentially greater and ongoing liability from these claims4 #c4 ,restoration ,act amendment ,for the purpose of restoring an economic development opportunity on terms that are equal and fair1 ,section #bjg of the ,alabama-,coushatta ,tribes of ,texas ,restoration ,act1 ,public ,law #ajj-hi 7#be ,u4,s4,c4 #gcg7 is hereby deleted4 #d4 ,judgment and dismissal of litigation ,not later than six months after the date of enactment1 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 subchapter4 #e4 ,approval of prior transfers and extinguishment of claims and aboriginal title 7a7 ,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 ,texas1 including but not limited to transfers pursuant to a statute or treaty of1 or with1 any ,state or the ,united ,states1 from1 by1 or on behalf of the ,alabama-,coushatta ,tribe of ,texas1 or any predecessor in interest or any of its members1 shall be deemed to have been made in compliance with the ,constitution and all laws of the ,united ,states4 ,congress hereby does approve and ratify any such invalid transfer effective as of the date of said transfer4 7b7 ,extinguishment of aboriginal title ,by virtue of the approval and ratification of a transfer of land or natural resources effected by subsection 7a7 of this section1 any aboriginal title held by the ,alabama-,coushatta ,tribe of ,texas1 or any predecessor in interest or any of its members1 to any land or natural resources the transfer of which was approved and ratified by subsection 7a7 of this section shall be regarded as extinguished as of the date of such transfer4 7c7 ,extinguishment of claims ,by virtue of the approval and ratification of a transfer of land or natural resources effected by this section1 or the extinguishment of aboriginal title effected hereby1 any claim 7including any claim for damages for trespass or for use and occupancy7 by1 or on behalf of1 the ,alabama-,coushatta ,tribe of ,texas1 or any predecessor in interest or any of its members1 against the ,united ,states or the ,state of ,texas which is based on-- 7#a7 any interest in or right involving any land or natural resources the transfer of which was approved and ratified by subsection 7a7 of this section1 or 7#b7 any aboriginal title to land or natural resources the extinguishment of which was effected by subsection 7b7 of this section1 shall be regarded as extinguished as of the date of any such transfer4 7d7 ,savings provisions 7#a7 ,nothing in this section shall be construed to affect or eliminate the personal claim of an individual ,indian 7except for a ,federal common law fraud claim7 which is pursued under any law of general applicability that protects non-,indians as well as ,indians4 7#b7 ,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 ,texas4