Page:United States Statutes at Large Volume 110 Part 3.djvu/688

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110 STAT. 2418 PUBLIC LAW 104-198—SEPT. 18, 1996 Public Law 104-198 104th Congress An Act Sept. 18, 1996 To confer jurisdiction on the United States Court of Federal Claims with respect [HR 740]

  • ° ^^^^ claims of Pueblo of Isleta Indian Tribe.

Be it enacted by the Senate and House of Representatives of New Mexico. the United States of America in Congress assembled, SECTION 1. JURISDICTION. Notwithstanding sections 2401 and 2501 of title 28, United States Code, and section 12 of the Act of August 13, 1946 (60 Stat. 1052), or any other law which would interpose or support a defense of untimeliness, jurisdiction is hereby conferred upon the United States Court of Federal Claims to hear, determine, and render judgment on any claim by Pueblo of Isleta Indian Tribe of New Mexico against the United States with respect to any lands or interests therein the State of New Mexico or any adjoining State held by aboriginal title or otherwise which were acquired from the tribe without payment of adequate compensation by the United States. As a matter of adequate compensation, the United States Claims Court may award interest at a rate of five percent per year to accrue from the date on which such lands or interests therein were acquired from the tribe by the United States. Such jurisdiction is conferred only with respect to claims accruing on or before August 13, 1946, and all such claims must be filed within three years after the date of enactment of this Act. Such jurisdiction is conferred notwithstanding any failure of the tribe to exhaust any available administrative remedy. SEC. 2. CERTAIN DEFENSES NOT APPLICABLE. Any award made to any Indian tribe other than the Pueblo of Isleta Indian Tribe of New Mexico before, on, or after the date of the enactment of this Act under any judgment of the Indian Claims Commission or any other authority with respect to any lands that are the subject of a claim submitted by the tribe under section 1 shall not be considered a defense, estoppel, or set-off to such claim, and shall not otherwise affect the entitlement to, or amount of, any relief with respect to such claim. Approved September 18, 1996. LEGISLATIVE HISTORY—H.R. 740: HOUSE REPORTS: No. 104-694 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 142 (1996): July 29, considered and passed House. Sept. 4, considered and passed Senate.