claims

What happened

The Indian Claims Commission Act of August 13, 1946 created a commission to "hear and determine" certain claims against the United States on behalf of any Indian tribe, band or identifiable group. The categories included claims arising under treaties and laws, claims that treaties or agreements should be revised for fraud, duress or unconscionable consideration, and "claims based upon fair and honorable dealings that are not recognized by any existing rule of law or equity."

The Act set a deadline. The Commission was to receive claims "for a period of five years after the date of the approval of this Act," and a claim not presented in that time could not later be heard by any court or agency.

The Sioux Nation case shows both promise and limits. In the Fort Laramie Treaty of 1868, the United States pledged that the Great Sioux Reservation, including the Black Hills, would be set apart for the Sioux's "absolute and undisturbed use and occupation." In 1980 the Supreme Court held that the 1877 Act effected "a taking of tribal property," which "implied an obligation on the Government's part to make just compensation to the Sioux." The Court noted a fair market value of $17.1 million as of 1877, plus interest.

In the Sioux case, the remedy the Court affirmed was compensation with interest.

Summarized with AI assistance from 4 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error