Indian Claims Commission Act

E642830

The Indian Claims Commission Act was a 1946 U.S. federal law that created a special commission to hear and resolve longstanding monetary claims by Native American tribes against the federal government for past treaty violations and land takings.

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Statements (50)

Predicate Object
instanceOf United States federal law
statute
allowedClaimType claims based on fair and honorable dealings not recognized by existing law
failure to pay treaty-promised compensation
illegal or wrongful taking of tribal lands
unconscionable consideration for land cessions
appliesTo Alaska Native groups NERFINISHED
federally recognized Native American tribes
commissionAppointmentBy President of the United States NERFINISHED
commissionComposition three commissioners
commissionConfirmationBy United States Senate NERFINISHED
commissionNature quasi-judicial tribunal
commissionPower to enter final judgments subject to review
commissionPower to hear evidence and make findings of fact and law
country United States of America
surface form: United States
createdBodyType special commission
criticism limited to monetary compensation rather than land return
process controlled largely by federal legal standards
valuation of lands often based on historic rather than contemporary values
dateEnacted 1946
effect did not restore tribal land bases
enabled hundreds of tribal claims to be filed
resulted in substantial monetary awards to many tribes
enactedBy United States Congress
established Indian Claims Commission NERFINISHED
excludedRemedy land restoration
historicalContext post–World War II federal Indian policy
implementedPrinciple federal trust responsibility toward Native American tribes
jurisdiction United States government
surface form: United States federal government
language English
legalRemedyType monetary compensation
legalStatus historical statute no longer in active operation as originally enacted
legislativeBody United States House of Representatives
United States Senate
policyEra early termination era of United States Indian policy
purpose to provide a legal forum for Native American tribes to bring monetary claims against the United States
to resolve claims arising from uncompensated or undercompensated land takings
to resolve longstanding claims arising from treaty violations
relatedTo Indian Claims Commission NERFINISHED
United States Court of Claims NERFINISHED
federal Indian law
repealedOrSuperseded Indian Claims Commission Act amendments and termination provisions
reviewedBy United States Court of Claims NERFINISHED
shortDescription Act creating a special tribunal to hear Native American claims against the United States
signedBy Harry S. Truman NERFINISHED
statuteOfLimitations generally five years from the date of the Act for filing claims
subjectMatter Native American land claims
Native American treaty claims
claims arising under the Constitution, laws, treaties, and executive orders of the United States
timePeriodCovered claims arising before August 13, 1946

Referenced by (1)

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