To refer H.R. 3133, a bill making congressional reference to the United States Court of Federal Claims pursuant to sections 1492 and 2509 of title 28, United States Code, of certain Indian land-related takings claims of the Grand Traverse Band of Ottawa and Chippewa Indians of Michigan and its individual members.

Refers H.R. 3133, which directs the Department of the Treasury to pay an unspecified sum to the Grand Traverse Band of Ottawa and Chippewa Indians of Michigan and its members pursuant to a judgment rendered by the U.S. Court of Federal Claims, to the chief judge of the U.S. Court of Federal Claims for a determination as to whether the Band has legal or equitable claims for just compensation against the United States for land-related takings occurring between 1855 and 1900 within the areas reserved for the Band and its members by the Treaty with the Ottawa and Chippewa.

Directs the chief judge to report back to the House of Representatives providing findings of fact and conclusions of law to inform Congress of:

• the nature, extent, and character of such claims;
• whether the Band has good cause to be excused from the limitations period established by the Indian Claims Commission Act of 1946 for filing such claims (August 13, 1946, to August 13, 1951);
• whether any other statute of limitations bar or the doctrine of laches is applicable to the Band's claims and, if so, whether the Band has good cause to be excused from its operation; and
• the amount of just compensation, if any, legally or equitably due from the United States to the Band.

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 381 Introduced in House (IH)]

114th CONGRESS
  1st Session
H. RES. 381

To refer H.R. 3133, a bill making congressional reference to the United 
 States Court of Federal Claims pursuant to sections 1492 and 2509 of 
 title 28, United States Code, of certain Indian land-related takings 
  claims of the Grand Traverse Band of Ottawa and Chippewa Indians of 
                  Michigan and its individual members.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2015

Mr. Benishek submitted the following resolution; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                               RESOLUTION


 
To refer H.R. 3133, a bill making congressional reference to the United 
 States Court of Federal Claims pursuant to sections 1492 and 2509 of 
 title 28, United States Code, of certain Indian land-related takings 
  claims of the Grand Traverse Band of Ottawa and Chippewa Indians of 
                  Michigan and its individual members.

    Resolved,

                                referral

    Section 1. Pursuant to section 1492 of title 28, United States 
Code, the bill (H.R. 3133) entitled ``A Bill relating to certain Indian 
land-related takings claims of the Grand Traverse Band of Ottawa and 
Chippewa Indians of Michigan and its individual members,'' now pending 
in the House of Representatives, is referred to the chief judge of the 
United States Court of Federal Claims for a determination as to whether 
the Band, on behalf of itself and of its individual members, has legal 
or equitable claims for just compensation against the United States for 
land-related takings occurring during the period between 1855 and 1900 
within the areas reserved for the Band and its members by Article 1 of 
the July 31, 1855, Treaty with the Ottawa and Chippewa, 11 Stat. 621.

                         proceeding and report

    Sec. 2. Upon receipt of the bill, the chief judge shall, 
notwithstanding the bar of any statute of limitations--
            (1) proceed according to the provisions of sections 1492 
        and 2509 of title 28, United States Code; and
            (2) report back to the House of Representatives, at the 
        earliest practicable date, providing findings of fact and 
        conclusions of law that are sufficient to inform the Congress 
        of--
                    (A) the nature, extent, and character of the legal 
                or equitable claims of the Grand Traverse Band of 
                Ottawa and Chippewa Indians of Michigan, on behalf of 
                itself and of its individual members, for just 
                compensation against the United States for land-related 
                takings within the areas reserved for the Band and its 
                members by Article 1 of the July 31, 1855, Treaty with 
                the Ottawa and Chippewa, 11 Stat. 621;
                    (B) whether the Band has good cause for not having 
                filed said claims with the Indian Claims Commission 
                within the August 13, 1946, to August 13, 1951, 
                limitations period established by the Indian Claims 
                Commission Act of 1946, and accordingly has good cause 
                to be excused from that limitations period;
                    (C) whether any other statute of limitations bar is 
                applicable to the Band's claims; and if so, whether the 
                Band has good cause to be excused from the operation of 
                any such bar;
                    (D) whether the doctrine of laches is applicable to 
                the Band's claims; and if so, whether the Band has good 
                cause to be excused from the operation of that 
                doctrine; and
                    (E) the amount of just compensation, if any, 
                legally or equitably due from the United States to the 
                Band, on behalf of itself and of its individual 
                members.
                                 <all>