Notes on 28 U.S.C. § 2415 : US Code - Notes

Search Notes on 28 U.S.C. § 2415 : US Code - Notes

(Added Pub. L. 89-505, Sec. 1, July 18, 1966, 80 Stat. 304; amended
Pub. L. 92-353, July 18, 1972, 86 Stat. 499; Pub. L. 92-485, Oct.
13, 1972, 86 Stat. 803; Pub. L. 95-64, July 11, 1977, 91 Stat. 268;
Pub. L. 95-103, Aug. 15, 1977, 91 Stat. 842; Pub. L. 96-217, Sec.
1, Mar. 27, 1980, 94 Stat. 126; Pub. L. 97-365, Sec. 9, Oct. 25,
1982, 96 Stat. 1754; Pub. L. 97-394, title I, Sec. 2, Dec. 30,
1982, 96 Stat. 1976; Pub. L. 97-452, Sec. 2(d)(2), Jan. 12, 1983,
96 Stat. 2478; Pub. L. 98-250, Sec. 4(a), Apr. 3, 1984, 98 Stat.
118.)
REFERENCES IN TEXT
The date of enactment of this Act, referred to in subsecs. (a),
(b), and (g), means the date of enactment of Pub. L. 89-505, which
was approved July 18, 1966.
The Indian Claims Limitation Act of 1982, referred to in subsecs.
(a) and (b), is Pub. L. 97-394, title I, Secs. 2-6, Dec. 30, 1982,
96 Stat. 1976-1978, which amended this section and enacted
provisions set out as notes below. For complete classification of
this Act to the Code, see Short Title of 1982 Amendment note set
out below and Tables.
This Act, referred to in subsec. (h), probably means Pub. L. 89-
505, July 18, 1966, 80 Stat. 304, which enacted this section and
section 2416 of this title. For complete classification of this Act
to the Code, see Tables.
AMENDMENTS
1984 - Subsecs. (a), (b). Pub. L. 98-250 substituted "Indian
Claims Limitation Act of 1982" for "Indian Claims Act of 1982"
wherever appearing.
1983 - Subsec. (i). Pub. L. 97-452 substituted "section 3716 of
title 31" for "section 5 of the Federal Claims Collection Act of
1966".
1982 - Subsec. (a). Pub. L. 97-394, Sec. 2(a), substituted "sixty
days after the date of publication of the list required by section
4(c) of the Indian Claims Act of 1982: Provided, That, for those
claims that are on either of the two lists published pursuant to
the Indian Claims Act of 1982, any right of action shall be barred
unless the complaint is filed within (1) one year after the
Secretary of the Interior has published in the Federal Register a
notice rejecting such claim or (2) three years after the date the
Secretary of the Interior has submitted legislation or legislative
report to Congress to resolve such claim" for "after December 31,
1982" in third proviso.
Subsec. (b). Pub. L. 97-394, Sec. 2(b), substituted "sixty days
after the date of the publication of the list required by section
4(c) of the Indian Claims Act of 1982: Provided, That, for those
claims that are on either of the two lists published pursuant to
the Indian Claims Act of 1982, any right of action shall be barred
unless the complaint is filed within (1) one year after the
Secretary of the Interior has published in the Federal Register a
notice rejecting such claim or (2) three years after the Secretary
of the Interior has submitted legislation or legislative report to
Congress to resolve such claim" for "December 31, 1982" at end of
proviso.
Subsec. (i). Pub. L. 97-365 added subsec. (i).
1980 - Subsec. (a). Pub. L. 96-217, Sec. 1(a), substituted
"December 31, 1982" for "April 30, 1980".
Subsec. (b). Pub. L. 96-217, Sec. 1(b), substituted "December 31,
1982" for "April 1, 1980".
1977 - Subsec. (a). Pub. L. 95-103, Sec. 1(a), substituted "after
April 1, 1980" for "after August 18, 1977".
Pub. L. 95-64, Sec. 1(a), substituted "unless the complaint is
filed after August 18, 1977" for "unless the complaint is filed
more than eleven years after the right of action accrued" in
proviso covering actions for money damages brought by the United
States for or on behalf of a recognized tribe, band, or group of
American Indians, or on behalf of an individual Indian whose land
is held in trust or restricted status based upon rights of action
which accrued on July 18, 1966, in accordance with subsec. (g).
Subsec. (b). Pub. L. 95-103, Sec. 1(b), substituted "on or before
April 1, 1980" for "on or before August 18, 1977".
Pub. L. 95-64, Sec. 1(b), substituted "may be brought on or
before August 18, 1977" for "may be brought within eleven years
after the right of action accrues" in proviso covering actions for
or on behalf of recognized tribes, bands, or groups of American
Indians, including actions related to allotted trust or restricted
Indian lands, or on behalf of an individual Indian whose land is
held in trust or restricted status based upon rights of action
which accrued on July 18, 1966, in accordance with subsec. (g).
1972 - Subsec. (a). Pub. L. 92-485, Sec. 1(a), inserted proviso
relating to actions for money damages brought by the United States
for or on behalf of a recognized tribe, band, or group of American
Indians, or on behalf of an individual Indian whose land is held in
trust or restricted status.
Pub. L. 92-353, Sec. 1(a), inserted proviso that an action for
money damages brought by the United States on behalf of American
Indians shall not be barred unless the complaint is filed more than
six years and ninety days after the right of action accrued.
Subsec. (b). Pub. L. 92-485, Sec. 1(b), inserted exception
relating to actions for or on behalf of a recognized tribe, band,
or group of American Indians, including actions relating to
allotted trust or restricted Indian lands, or on behalf of an
individual Indian whose land is held in trust or restricted status.
Pub. L. 92-353, Sec. 1(b), increased the period of limitation to
six years and ninety days for actions brought by the United States
under the subsection for or on behalf of American Indians.
SHORT TITLE OF 1982 AMENDMENT
Section 1 of Pub. L. 97-394, as amended by Pub. L. 98-250, Sec.
4(b), Apr. 3, 1984, 98 Stat. 119, provided that: "Sections 2
through 6 of this Act [amending this section and enacting
provisions set out below] may be cited as the 'Indian Claims
Limitation Act of 1982'."
PUBLICATION OF LIST OF INDIAN CLAIMS; ADDITIONAL CLAIMS; TIME TO
COMMENCE ACTION; REJECTION OF CLAIMS; CLAIMS RESOLVED BY
LEGISLATION
Sections 3 to 6 of Pub. L. 97-394 provided that:
"Sec. 3. (a) Within ninety days after the enactment of this Act
[Dec. 30, 1982], the Secretary of the Interior (hereinafter
referred to as the 'Secretary') shall publish in the Federal
Register a list of all claims accruing to any tribe, band or group
of Indians or individual Indian on or before July 18, 1966, which
have at any time been identified by or submitted to the Secretary
under the 'Statute of Limitation Project' undertaken by the
Department of the Interior and which, but for the provisions of
this Act [see Short Title of 1982 Amendment note above], would be
barred by the provisions of section 2415 of title 28, United States
Code: Provided, That the Secretary shall have the discretion to
exclude from such list any matter which was erroneously identified
as a claim and which has no legal merit whatsoever.
"(b) Such list shall group the claims on a reservation-by-
reservation, tribe-by-tribe, or State-by-State basis, as
appropriate, and shall state the nature and geographic location of
each claim and only such other additional information as may be
needed to identify specifically such claims.
"(c) Within thirty days after the publication of this list, the
Secretary shall provide a copy of the Indian Claims Limitation Act
of 1982 [see Short Title of 1982 Amendment note above] and a copy
of the Federal Register containing this list, or such parts as may
be pertinent, to each Indian tribe, band or group whose rights or
the rights of whose members could be affected by the provisions of
section 2415 of title 28, United States Code.
"Sec. 4. (a) Any tribe, band or group of Indians or any
individual Indian shall have one hundred and eighty days after the
date of the publication in the Federal Register of the list
provided for in section 3 of this Act to submit to the Secretary
any additional specific claim or claims which such tribe, band or
group of Indians or individual Indian believes may be affected by
section 2415 of title 28, United States Code, and desires to have
considered for litigation or legislation by the United States.
"(b) Any such claim submitted to the Secretary shall be
accompanied by a statement identifying the nature of the claim, the
date when the right of action allegedly accrued, the names of the
potential plaintiffs and defendants, if known, and such other
information needed to identify and evaluate such claim.
"(c) Not more than thirty days after the expiration of the one
hundred and eighty day period provided for in subsection (a) of
this section, the Secretary shall publish in the Federal Register a
list containing the additional claims submitted during such period:
Provided, That the Secretary shall have the discretion to exclude
from such list any matter which has not been sufficiently
identified as a claim.
"Sec. 5. (a) Any right of action shall be barred sixty days after
the date of the publication of the list required by section 4(c) of
this Act for those pre-1966 claims which, but for the provisions of
this Act [see Short Title of 1982 Amendment note above], would have
been barred by section 2415 of title 28, United States Code, unless
such claims are included on either of the lists required by section
3 or 4(c) of this Act.
"(b) If the Secretary decides to reject for litigation any of the
claims or groups or categories of claims contained on either of the
lists required by section 3 or 4(c) of this Act, he shall send a
report to the appropriate tribe, band, or group of Indians, whose
rights or the rights of whose members could be affected by such
rejection, advising them of his decision. The report shall identify
the nature and geographic location of each rejected claim and the
name of the potential plaintiffs and defendants if they are known
or can be reasonably ascertained and shall, briefly, state the
reasons why such claim or claims were rejected for litigation.
Where the Secretary knows or can reasonably ascertain the identity
of any of the potential individual Indian plaintiffs and their
present addresses, he shall provide them with written notice of
such rejection. Upon the request of any Indian claimant, the
Secretary shall, without undue delay, provide to such claimant any
nonprivileged research materials or evidence gathered by the United
States in the documentation of such claim.
"(c) The Secretary, as soon as possible after providing the
report required by subsection (b) of this section, shall publish a
notice in the Federal Register identifying the claims covered in
such report. With respect to any claim covered by such report, any
right of action shall be barred unless the complaint is filed
within one year after the date of publication in the Federal
Register.
"Sec. 6. (a) If the Secretary determines that any claim or claims
contained in either of the lists as provided in sections 3 or 4(c)
of this Act is not appropriate for litigation, but determines that
such claims may be appropriately resolved by legislation, he shall
submit to the Congress legislation to resolve such claims or shall
submit to Congress a report setting out options for legislative
resolution of such claims.
"(b) Any right of action on claims covered by such legislation or
report shall be barred unless the complaint is filed within 3 years
after the date of submission of such legislation or legislative
report to Congress."
LEGISLATIVE PROPOSALS RESPECTING APPROPRIATENESS OF RESOLUTION BY
LITIGATION OF UNRESOLVED INDIAN CLAIMS
Section 2 of Pub. L. 96-217 provided that: "Not later than June
30, 1981, the Secretary of the Interior, after consultation with
the Attorney General, shall submit to the Congress legislative
proposals to resolve those Indian claims subject to the amendments
made by the first section of this Act [amending this section] that
the Secretary of the Interior or the Attorney General believes are
not appropriate to resolve by litigation."