§ 1505. Indian claims

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The United States Court of Federal Claims shall have jurisdiction of any claim against the United States accruing after August 13, 1946, in favor of any tribe, band, or other identifiable group of American Indians residing within the territorial limits of the United States or Alaska whenever such claim is one arising under the Constitution, laws or treaties of the United States, or Executive orders of the President, or is one which otherwise would be cognizable in the Court of Federal Claims if the claimant were not an Indian tribe, band or group.

(Added May 24, 1949, ch. 139, § 89(a), 63 Stat. 102; amended Pub. L. 97–164, title I, § 133(g), Apr. 2, 1982, 96 Stat. 41; Pub. L. 102–572, title IX, § 902(a), Oct. 29, 1992, 106 Stat. 4516.)

Historical and Revision Notes

1949 Act

Section 1505 is added to title 28, U.S.C., by this amendment to incorporate the act of August 13, 1946 (ch. 959, § 24, 60 Stat. 1055), which was originally classified to title 28, U.S.C., but was later transferred to title 25 of such code. Since such section 24 deals with jurisdiction of the Court of Claims it should be in title 28.

This amendatory section omits as surplusage all provisions of said section 24 except the first sentence, as being fully covered by the express provisions of sections 1503 and 2501 and other provisions of chapter 165 of title 28, U.S.C., relating to Court of Claims procedure.

The proviso of such section 24 is omitted as unnecessary since the provision conferring jurisdiction cannot in any view alter the relationship of the Government with its Indians.

The omitted language is as follows: “In any suit brought under the jurisdiction conferred by this section the claimant shall be entitled to recover in the same manner, to the same extent, and subject to the same conditions and limitations, and the United States shall be entitled to the same defenses, both at law and in equity, and to the same offsets, counterclaims, and demands, as in cases brought in the Court of Claims under section 250 of this title: Provided, however, That nothing contained in this section shall be construed as altering the fiduciary or other relations between the United States and the several Indian tribes, bands, or groups.”

Connections2 cite this · traces to 1

Cited by 2 sections

U.S. Code

§ 70w
Repealed. May 24, 1949, ch. 139, § 142, 63 Stat. 110

statutes-at-large

Public Law 100–580
To partition certain reservation lands between the Hoopa Valley Tribe and the Yurok Indians, to clarify the use of tribal timber proceeds, and for other purposes

Traces to 1 document

U.S. Code

Appointment and number of judges; character of court; designation of chief judge
§ 171

12 references not yet in our index

May 24, 1949, ch. 139, § 89(a)
63 Stat. 102
Pub. L. 97–164, title I, § 133(g)
96 Stat. 41
Pub. L. 102–572, title IX, § 902(a)
106 Stat. 4516
60 Stat. 1055
section 250 of this title
Pub. L. 102–572
Pub. L. 97–164
section 911 of Pub. L. 102–572
section 402 of Pub. L. 97–164

Citation graph

cites case law

§ 1505

Indian claims

Stat.×1

U.S.C.×1

U.S.C.§ 171

ActMay 24, 1949, ch. 139, § 89(a)

Stat.63 Stat. 102

Pub. L.Pub. L. 97–164, title I, § 133(g)

Stat.96 Stat. 41

Pub. L.Pub. L. 102–572, title IX, § 902(a)

Cites 13 · showing 6Cited by 2 across 2 sources