,,ii  #aacth ,,congress  #b;d ,session  
,s4 #bibc  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,november #ac1 
#bjad ,mr4 ,tester introduced the       
following bill2 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 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 ,act 4  #b4    
,findings2 purposes  7a7 ,findings      
,congress finds that-- 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  
claims2  7#b7 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 ,tribe1 to free and 
undisturbed use and occupancy of the    
aboriginal land of the tribes1 including
 the right to compensation when those   
rights are violated2  7#c7 in ,june     
#bjjj1 in the case entitled             
,alabama-,coushatta ,tribe of ,texas v4 
,u4,s4 7,fed4 ,cl4 ,jun #ai1 #bjjj7     
7,no4 #c-hc71 the ,united ,states ,court
 of ,federal ,claims ruled that-- 7,a7  
the ,united ,states violated the        
fiduciary obligations of the ,united    
,states by knowingly failing to protect 
#b1hej1jjj acres of the aboriginal land 
of the ,alabama-,coushatta ,tribe2  7,b7
 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 #ac1 #aidf 7commonly known as   
the ,indian ,claims ,commission ,act7   
7#fj ,stat4 #ajdi1 chapter #iei7 7and   
terminated by section #bc of that ,act  
7#gj ,stat4 #fbd1 chapter #fgi772 and   
7,c7 as described in ,house ,resolution 

#fi 7#ihth ,congress7 7,november #a1    
#aihc71 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 #b1hej1jbh acres of      
aboriginal land illegally occupied by   
non-,indian settlers after #ahde2  7#d7 
in ,october #bjjb1 the ,united ,states  
,court of ,federal ,claims awarded      
#bgj1fjj1jjj as the jointly stipulated  
amount of economic damages to be        
recovered by the ,alabama-,coushatta    
,tribe from the ,united ,states2 and    
7#e7 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     
,tribe4  7b7 ,purposes ,the purposes of 
this ,act are-- 7#a7 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 decades2    
7#b7 to restore an economic development 
opportunity to the ,alabama-,coushatta  
,tribe on terms that are equal and fair2
 and  7#c7 to protect the ,federal      
,government and taxpayers from liability
 arising out of or relating to claims on
 the aboriginal land4  #c4 ,restoration 
,act amendment ,section #bjg of ,public 
,law #ajj-hi 7#be ,u4,s4,c4 #gcg7 is    
repealed4  #d4 ,dismissal of claims ,not
 later than #ahj days after the date of 
enactment of this ,act1 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 land4  #e4   
,approval of invalid transfers2         
extinguishment of claims and aboriginal 
title  7a7 ,extinguishment of claims    
,any claim 7including any claim for     
damages for trespass or for use and     
occupancy7 by1 or on behalf of1 the     

,alabama-,coushatta ,tribe against the  
,united ,states or the ,state of ,texas 
for the loss of aboriginal title shall  
be deemed to be extinguished4  7b7      
,construction ,nothing in this          
subsection-- 7#a7 affects or limits any 
personal claim 7except for a ,federal   
common law fraud claim7 of an individual
 ,indian that is pursued under any law  
of general applicability that protects  
non-,indians and ,indians2 or  7#b7     
alters the status of land held in trust 
by the ,united ,states on behalf of the 
,alabama-,coushatta ,tribe4