PDF pending restoration
ERIC Number: ED138394
Record Type: Non-Journal
Publication Date: 1977-May-10
Reference Count: N/A
Statement of Craig Decker, Assistant Chief, Indian Claims Section, Land and Natural Resources Division Before the House Interior & Insular Affairs Committee, Subcommittee on Indian Affairs and Public Lands, House of Representatives Concerning: H.R. 2664 - To Amend the Indian Claims Commission Act and H.R. 3377 - To Authorize the Wichita Indian Tribe of Oklahoma to File Certain Claims with the Indian Claims Commission on May 10, 1977.
Maintaining that a Federal policy re: unresolved American Indian claims is a necessary element for an overall Federal policy toward Indian affairs, this statement by the Assistant Chief of the Indian Claims Section/Land and Natural Resources Division argues against enactment of: H.R. 2664 (a bill "to amend the Indian Claims Commission Act of August 13, 1946, and for other purposes") and H.R. 3377 (a bill "to authorize the Wichita Indian Tribe of Oklahoma, and its affiliated bands and groups of Indians, to file with the Indian Claims Commission any of their claims against the United States for lands taken without adequate compensation, and for other purposes"). Specifically, this statement contends "H.R. 2664, as written, would be an amendment to Section 20 of the Indian Claims Commission Act. The amendment provides private relief to the Sioux only", while all sections of the Act as originally enacted and as amended provide for the claims of all tribes equally. This statement recommends, therefore, that action on H.R. 2664 be deferred until the administration can complete a general study of ancient Indian claims and that if this recommendation is not accepted, the bill be modified as specified in this statement. Recommending deferment or specific modifications of H.R. 3377, this statement maintains that waiver of res judicata and collateral estoppel in all Indian claims would be so far reaching that Congress would want to establish this precedent only after most careful consideration. (JC)
Publication Type: Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: Department of Justice, Washington, DC. Civil Rights Div.