§ 1505. — Indian claims.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1505]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 91--UNITED STATES COURT OF FEDERAL CLAIMS
Sec. 1505. Indian claims
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, Sec. 89(a), 63 Stat. 102; amended Pub. L.
97-164, title I, Sec. 133(g), Apr. 2, 1982, 96 Stat. 41; Pub. L. 102-
572, title IX, Sec. 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, Sec. 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.''
Amendments
1992--Pub. L. 102-572 substituted ``United States Court of Federal
Claims'' for ``United States Claims Court'' and ``Court of Federal
Claims'' for ``Claims Court''.
1982--Pub. L. 97-164 substituted ``The United States Claims Court
shall have jurisdiction'' for ``The Court of Claims shall have
jurisdiction'' and ``cognizable in the Claims Court'' for ``cognizable
in the Court of Claims''.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Section Referred to in Other Sections
This section is referred to in title 25 sections 640d-17, 1300i-11,
1776b, 1779c.
