Page:United States Statutes at Large Volume 49 Part 1.djvu/433

 388 74TH CONGRESS. SESS. I. CH. 275. JUNE 19, 1935. [CHAPTER 275 .1 June 19, 1935. AN ACT [H.R. 2756.1 Authorizing the Tlingit and Haida Indians of Alaska to bring suit in the United [Public, No. 152.1 States Court of Claims, and conferring jurisdiction upon said court to hear, exam ine, adjud icate, and ente r jud gment upon any and all claims which said Indians may have, or claim to have, against the United States, and for other purp oses. Be it enacted by the Senate and House of Representatives of the Tlingi t and Haid a United States of America in Congress assembled, That for the pur- Indi ans of Al aska. poses of this Act the Tlingit and Haida Indians of Alaska shall be defined to be all those Indians of the whole or mixed blood of the Tl ingit and H aida Tribes who are re sidin g in R ussia n Ame rica, now called the Territory of Alaska, in the region known and described as southeastern Alaska, lying east of the one hundred and forty-first meridian. submitted t c o,~t of SEC. 2 . All claims of whatever nature, legal or equitable, which Claims . the said Tlingit and Haida Indians of Alaska may have, or claim to have, against the United States, for lands or other tribal or com- munity property rights, taken from them by the United States without compensation therefor, or for the failure or refusal of the United States to compensate them for said lands or other tribal or community property rights, claimed to be owned by said Indians, and which the United States appropriated to its own uses and pur- poses without the consent of said Indians, or for the failure or refusal of the United States to protect their interests in lands or other tribal or community property in Alaska, and for loss of use of the same, at the time of the purchase of the said Russian America, now Alaska, from Russia, or at any time since that date and prior to the passage and approval of this Act, shall be submitted to the said Court of Claims by said Tlingit and Haida Indians of Alaska Settlement and de- for the settlement and determination of the equitable and just value duminationofamounts thereof, and the amount equitably and justly due to said Indians from the United States therefor ; and the loss to said Indians of their right, title, or interest, arising from occupancy and use, in lands or other tribal or community property, without just compen- sation t herefor, s hall be he ld suffici ent ground for relie f hereunde r ; Jurisdic tion con- and jurisd ictio n is h ereby confe rred upon s aid C ourt t o hea r such ferred . claims and to render judgment and decree thereon for such sum as said court shal l find to b e equi table and j ust f or the reas onable value of their said property, if any was so taken by the United States without the consent of the said Indians and without compen- sation therefor ; that from the decision of the Court of Claims in any suit or suits prosecuted under the authority of this Act an appeal may be taken by either party, as in other cases, to the Supreme Court of the United States. Pres enta tion of SEC. 3. That the claim or claims of said Tlingit and Haida Indians Cl aims. of Alaska may be presented and prosecuted separately or jointly in on e or more suits, by petition o r petitions setting o ut the fac ts upon which they base their demands for relief and judgment or decree ; the petition or petitions may be amended when necessary more fully Time for filing suit. or specifica lly to set forth the ir said cla im or clai ms, and sa id suit or suits shall be filed in said Court of Claims within seven years Final judgment; ef- after the date of the passage of this Act ; such suit or suits shall make feet. the said Indians parties plaintiff and the United States party defendant, and the final judgment or decree shall conclude and for- Autho rity of court. ever settle the claim or claims so presented ; the Court of Claims shall have full authority by proper orders and process to bring in and make parties to such suit or suits any and all parties deemed by it necess ary or pro per to the final dete rmination of the mat ters in controversy ; such petition or petitions may be verified by any