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Volume 86 · 115

Public Law 92–265

To extend the life of the Indian Claims Commission, and for other purposes.

Approved March 30, 1972

Statutory text

AN ACT

To extend the life of the Indian Claims Commission, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That section 23 of the Act entitled “An Act to create an Indian Claims Commission, to provide for the powers, duties, and functions thereof, and for other purposes”, approved August 13, 1946 (60 Stat. 1049, 1055), as amended (

81 Stat. 11.

75 Stat. 92; 25 U.S.C. 70v), is hereby amended by striking said section and inserting in lieu thereof the following:

“Sec. 23. “dissolution of the commission and disposition of pending claims

The existence of the Commission shall terminate at the end of fifteen years from and after April 10, 1962, or at such earlier time as the Commission shall have made its final report to the Congress on all claims filed with it. Upon its dissolution the records and files of the Commission in all eases in which a final determination has been entered shall be delivered to the Archivist of the United States. The records and files in all other pending cases, if any, including those on appeal shall be transferred to the United States Court of Claims, and jurisdiction is hereby conferred upon the United States Court of Claims to adjudicate all such cases under the provisions of section 2 of the Indian Claims Commission Act: Provided, That section 2 of said Act shall not apply to any case filed originally in the Court of Claims under section 1505 of title 28, United States Code;”

63 Stat. 102.

Sec. 2.

Section 27(a) of such Act of August 13, 1946, as amended (25 U.S.C. 70v–1), is amended by striking said section and inserting

81 Stat. 11.

in lieu thereof the following:

“Sec. 27. “triad calendar

(a)

The Commission from time, to time shall prepare a trial calendar which shall set a date, for the trial of the next phase of each claim as soon as practical after a decision of the Commission or the United States Court of Claims or the Supreme Court of the United States makes such setting possible, hut such date shall not be later than one year from the date of such decision except, on a clear showing by a party that irreparable harm would result unless longer preparation were allowed.”

Sec. 3,

Section 27(b) of such Act of August 13, 1946, as amended (25 U.S.C. 70v–1), is amended by striking said section and inserting in lieu thereof the following:

“Sec. 27.

(b)

If a claimant fails to proceed with the trial of its claim on the date set for that purpose, the Commission may enter an order dismissing the claim with prejudice or it may reset such trial at the end of the calendar.”

Sec. 4.

The Act of August 13, 1946, as amended, is further amended

Report to congressional committees,

60 Stat. 1049.

25 USC 70.

by adding at the end thereof a new section as follows:

“Sec. 28.

The Commission shall, on the first day of each session of Congress, submit to the Committees on Interior and Insular Affairs of the Senate and House of Representatives, a report showing the progress made and the work remaining to be completed by the Commission, as well as the status of each remaining case, along with a projected date for its completion.”

Sec. 5.

Section 6 of such Act of August 13, 1946 (25 U.S.C. 70e),

Appropriations.

81 Stat. 11.

is amended by adding at the end thereof the following: “There are authorized to be appropriated for the necessary expenses of the Commission not to exceed $1,500,000 for fiscal year 1973, and appropriations for succeeding fiscal years shall be made only to the extent hereafter authorized by Act of Congress.”

Approved March 30, 1972.

Parsed from the official Statutes at Large USLM XML in 86.xml