Referring Quapaw Tribe Of Oklahoma Trust Claims To Court Of Federal Claims
Madam Speaker, the purpose of this statement is to clarify the scope of the resolution before us. It states that it encompasses Quapaw tribal and individual claims ``other than the legal claims that are pending in the Court of Federal…
Madam Speaker, the purpose of this statement is to clarify the scope of the resolution before us. It states that it encompasses Quapaw tribal and individual claims ``other than the legal claims that are pending in the Court of Federal Claims on the date of enactment of this resolution.''
A question arises. If one or more of those currently pending legal claims are dismissed by the Court for lack of jurisdiction, would the dismissed claim be considered ``pending'' for purposes of this resolution?
In my view, the answer is no. Our intention with the reference resolution is to request from the Chief Judge of the U.S. Court of Federal Claims a report containing findings of fact and conclusions of law concerning the nature, extent, and character of the Indian-trust related claims of the Quapaw Tribe of Oklahoma and its tribal members for compensation. As the language of the resolution suggests, these claims may be legal or equitable in nature, and exclude only the claims that are already within the jurisdiction of the Court of Federal Claims (including the statute of limitations) and are already pending in the Court of Federal Claims on the date of enactment. If a claim is dismissed as being outside the statute of limitations or for jurisdictional reasons, in my view, it was not pending on the date of enactment.
The intent behind the resolution is to have the Court review and render a final and complete resolution of all such claims--that resolution to occur either in the pending cases under the jurisdiction already granted the Court of Federal Claims by the Indian Tucker Act or else under the terms of H. Res. 668.
