S. 2923 — Introduced in Senate

II 113th CONGRESS 2d Session S. 2923 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. Short title This Act may be cited as the Alabama-Coushatta Tribe of Texas Equal and Fair Opportunity Settlement Act . 2. Findings; purposes (a) Findings Congress finds that— (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) 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, to free and undisturbed use and occupancy of the aboriginal land of the tribes, including the right to compensation when those rights are violated; (3) in June 2000, in the case entitled Alabama-Coushatta Tribe of Texas v. U.S. (Fed. Cl. Jun 19, 2000) (No. 3–83), the United States Court of Federal Claims ruled that— (A) the United States violated the fiduciary obligations of the United States by knowingly failing to protect 2,850,000 acres of the aboriginal land of the Alabama-Coushatta Tribe; (B) that failure would have consituted a claim eligible to be heard by the Indian Claims Commission established by the first section of the Act of August 13, 1946 (commonly known as the Indian Claims Commission Act) (60 Stat. 1049, chapter 959) (and terminated by section 23 of that Act (70 Stat. 624, chapter 679)); and (C) as described in House Resolution 69 (98th Congress) (November 1, 1983), it was the sense of the House of Representatives that the Federal Government should pay full monetary compensation to the Alabama-Coushatta Tribe for the 2,850,028 acres of aboriginal land illegally occupied by non-Indian settlers after 1845; (4) in October 2002, the United States Court of Federal Claims awarded $270,600,000 as the jointly stipulated amount of economic damages to be recovered by the Alabama-Coushatta Tribe from the United States; and (5) this Act represents a good faith effort on the part of Congress to provide the Alabama-Coushatta Tribe with the compensation that the United States Court of Claims has determined is owed to the Alabama-Coushatta Tribe. (b) Purposes The purposes of this Act are— (1) to recognize the loss by the Alabama-Coushatta Tribe of the aboriginal land and the resulting loss of any economically productive use of the aboriginal land for decades; (2) to restore an economic development opportunity to the Alabama-Coushatta Tribe on terms that are equal and fair; and (3) to protect the Federal Government and taxpayers from liability arising out of or relating to claims on the aboriginal land. 3. Restoration Act amendment Section 207 of Public Law 100–89 (25 U.S.C. 737) is repealed. 4. Dismissal of claims Not later than 180 days after the date of enactment of this Act, the United States and the Alabama-Coushatta Tribe shall execute and file in each applicable court a motion for dismissal of any pending claim arising out of or relating to the aboriginal land or an interest in the aboriginal land. 5. Approval of invalid transfers; extinguishment of claims and aboriginal title (a) Extinguishment of claims Any claim (including any claim for damages for trespass or for use and occupancy) by, or on behalf of, the Alabama-Coushatta Tribe against the United States or the State of Texas for the loss of aboriginal title shall be deemed to be extinguished. (b) Construction Nothing in this subsection— (1) affects or limits any personal claim (except for a Federal common law fraud claim) of an individual Indian that is pursued under any law of general applicability that protects non-Indians and Indians; or (2) alters the status of land held in trust by the United States on behalf of the Alabama-Coushatta Tribe.