Page:United States Statutes at Large Volume 94 Part 2.djvu/581

 PUBLIC LAW 96-434—OCT. 10, 1980

94 STAT. 1859

Public Law 96-434 96th Congress An Act To authorize the Assiniboine Tribe to file in the Court of Claims any claims against the United States for damages for delay in payment for lands claimed to be taken in violation of the United States Constitution, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. SECTION 1. Notwithstanding sections 2401 and 2501 of title 28, United States Code, and section 12 of the Indian Claims Commission Act of August 13, 1946 (60 Stat. 1052; 25 U.S.C. 70k), and notwithstanding the lapse of time, statutes of limitations, or the defense of res judicata or collateral estoppel, or any other provisions of law, jurisdiction is hereby conferred upon the Court of Claims to hear, determine, and render judgment on any claim filed by the Assiniboine Nation or Tribe within one year from the date of this Act for the taking under the fifth amendment of the Constitution of the six million four hundred and seventy-seven thousand nine hundred and forty acres of land defined as the territory of the Assiniboine Nation in the Treaty of Fort Laramie of September 17, 1851 (11 Stat. 749), to which the Assiniboine Nation and the United States were parties, being the same land determined by the Court of Claims to have an average value of 50 cents per acre for a total of $3,238,970 in Assiniboine Indian Tribe versus United States (77 Ct. CI. 347) (1933), appeeil dismissed and certiorari denied (292 U.S. 606) (1934) (hereinErfter "prior case"): Provided, That the value of the land fixed at an average of 50 cents per acre in the prior case shall be binding on the parties in any suit brought under this Act. SEC. 2. If the Court of Claims determines that the claimant is entitled to just compensation under the fifth amendment, the Court shall enter an award computed on the basis of established judicial precedent: Provided, however. That as a measure of just compensation the Court shall compute interest at the rate of 5 per centum per annum. In calculating any award due claimant, the Court shall treat the amount of $2,492,319, that portion of offsets in the prior case that represents the tribe's own funds, as if that sum had not been offset in the prior Case: Provided further. That the court shall give appropriate credit to the United States for that portion of the $2,492,319, to wit the amount of $1,242,796 paid to the tribe by the Act of January 8, 1971 (84 Stat. 1981), in satisfaction of the judgment of the Indian Claims Commission in Assiniboine Tribes against United States, Numbered 279A, affirmed 192 Ct. CI. 679 (1970). No offsets, including gratuities, subsequent to the terminal date of the accounting in the prior case shall be allowed or deducted from any judgment entered under authority of this Act, except that the United States shall be entitled tc an offset, against any judgment entered under authority of this Act, of the sum of money, if any, awarded as a judgment in the prior case. SEC. 3. The provisions of section 15 of the Act of August 13, 1946 (60 Stat. 1053; 25 U.S.C. 70n), shall be applicable with respect to any claim filed pursuant to this Act in the same manner and to the same

Oct. 10, 1980 [S. 1796]

Assiniboine Tribe. Claims against U.S.

Award.

interest rate

Offsets.

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