Page:United States Statutes at Large Volume 43 Part 1.djvu/669

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638 SIXTY-EIGHTH CONGRESS. Sess. I. Ch. 331. 1924. “’¤¤*'%°* lam 0* Sb) Whether or not such tract or tracts of land or such water giiiiiiiyiéhhotiaiisiiig; rig ts could be or could have been at any time recovered for said °°““°“T°°"’°" Indians by the United States b seasonable prosecution of any r1ght ¤big°i;°i¤sI$¤gu¢ii»¤i°°S°°` of the United States or of said) Indians. Seasonable prosecution is defined to mean prosecution by the United States within the same period of time as that within which suits to recover real property could have been brought under the limitation statutes of the Terri- . to and State of New Mexico. yfzgitrirxlrmgeidiudiengi Ig;) The fair market value of said water rights and of said tract §$,,{§§Y§°”$2s;’c¥,¤§§§Q or tracts of land (exclusive of any improvements made therein or °*°· placed thereon by non-Indian claimants) whenever the board shall . determine that such tract or tracts of land or such water rights could be or could have been at any time recovered for said Indians by the United States by seasonable prosecution of any right of the United States or of said Indians, and the amount of loss, if any, suffered by said Indians through failure of the United States seasonably to _ __ _ prosecute any such right. Stl,’t1Z§Zm§Kd°§wl2,',ft€?, The United States shall be liable, and the board shall award com- P“°"‘°·· pensa.tion,to the pueblo within the exterior boundaries of whose lands such tract or tracts of land shall be situated or to which such water rights shall have been appurtenant to the extent of any loss suffered by said Indians through failure of the United States seasonably to I dm, um or prosecute any! right of the United States or of said Indians, subject awiiamc. ° to review as erein provided. Such report and award shall have the force and effect of a judicial finding and final judgment upon the Reports to be md tgiestion and amount of compensation due to the Pueblo Indians from ssmummmsiy with the United States for such osses. Such report shall be filed simul- “‘j‘},§,*’f§;_,,,,,,_ taneously with and in like manner as the reports hereinbefore pro- Bmw by com on vided to be made and filed in section 2 of this Act. pawns. At any time within sixty days after the filing of said report with the United States District Court for the District of New Mexico as herein provided the United States or any pueblo or Indians concerned therein or affected thereby may, in respect of any report upon liability or of any finding of amount or award of compensation set forth _ _ _ in such report, petition said court for judicial review of said report, ’““sd“°`“°° °'°°“"‘ specifyin the portions thereof in which review is desired. Said court shall thereupon have jurisdiction to review, and shall review, such report, finding, or award in like manner as in the case of pro-

  • "°°*"“"`· ceedings in equity. In any such proceeding the report of the board

shall be prima facie evidence of the facts, the values, and the liability therein set forth, subject, however, to be rebutted by competent evidence. Any party in interest may offer evidence in sup ort or in o position to the findings in said report in any respect. Said court slliall after hearing render its decision so soon as practicable, con- Rmew by circuit firming, modifying, or rejecting said report or any part thereof. ware of appeals ou At any time within thirty days after such decision is rendered said QQ? °' "‘·‘“°"°d court shall, upon petition of any party aggrieved, certify the portions of such report, review of which has been sought, together with the record in connection therewith, to the United States Circuit Court of Appeals for the Eighth Circuit, which shall have jurisdiction to consider, review, and decide all questions arising upon such report and Fmmy 0mmS,0u_ record in like manner as in the case of appeals in equity, and its Re .Q of . decision thereon shall be final. vi w specific . . . . . finding not to affect P€tltlOH for I`€Vl€W of filly Sp€('1flC finding 0I' tlYVflI`fl of COI1'1p€l'1SEl· °”'·"’”“°"‘“gs·°‘°· tion in any report shall not affect the finality of any findings nor Nmwarmgomsti delay the payment of any award set forth in such report. review of which shall not have been so sought. nor in any proceeding for review in any court under the provisions of this section shall costs be awarded against any party.