Indian Claims Commission Act

What happened

Congress created the Indian Claims Commission on August 13, 1946. The Act's title says it was "To create an Indian Claims Commission, to provide for the powers, duties, and functions thereof." It opened one forum for tribal claims.

Section 2 gave the Commission power to hear claims by "any Indian tribe, band, or other identifiable group" in five classes. They included claims under the Constitution, laws and treaties; claims to revise treaties on grounds such as "fraud, duress, unconscionable consideration" or mistake; and claims from the taking of land "owned or occupied by the claimant without the payment for such lands of compensation agreed to by the claimant." Another class covered "fair and honorable dealings" not recognized by existing law. Claims could be heard despite statutes of limitation.

There were firm limits. Section 12 gave five years to file, and a claim not presented in that time could not be taken up by any court, agency or Congress. A final determination states whether there are "just grounds for relief" and "the amount thereof," and Section 22 says payment of a claim is "a full discharge of the United States" of all claims touching the same matter, while a determination against a claimant would "forever bar any further claim." Either side could appeal to the Court of Claims.

The National Archives says the Commission was abolished effective September 30, 1978, with pending cases going to the Court of Claims.

Summarized with AI assistance from 5 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error