28-U.S.C.-1505
§1505 – Indian Claims
Pathway
Title 28 > Part IV > Chapter 91 > Section 1505
Details
- Reference: Section 1505
- Legend: §1505 – Indian Claims
- USCode Year: 2013
Provision Content
The United States Court of Federal Claims shall have jurisdiction of any claim against the United States accruing after August 13, 1946, in favor of any tribe, band, or other identifiable group of American Indians residing within the territorial limits of the United States or Alaska whenever such claim is one arising under the Constitution, laws or treaties of the United States, or Executive orders of the President, or is one which otherwise would be cognizable in the Court of Federal Claims if the claimant were not an Indian tribe, band or group.
(Added May 24, 1949, ch. 139, §89(a), 63 Stat. 102; amended Pub. L. 97–164, title I, §133(g), Apr. 2, 1982, 96 Stat. 41; Pub. L. 102–572, title IX, §902(a), Oct. 29, 1992, 106 Stat. 4516.)
Historical and Revision Notes
1949 Act
Section 1505 is added to title 28, U.S.C., by this amendment to incorporate the act of August 13, 1946 (ch. 959, §24, 60 Stat. 1055), which was originally classified to title 28, U.S.C., but was later transferred to title 25 of such code. Since such section 24 deals with jurisdiction of the Court of Claims it should be in title 28.
This amendatory section omits as surplusage all provisions of said section 24 except the first sentence, as being fully covered by the express provisions of sections 1503 and 2501 and other provisions of chapter 165 of title 28, U.S.C., relating to Court of Claims procedure.
The proviso of such section 24 is omitted as unnecessary since the provision conferring jurisdiction cannot in any view alter the relationship of the Government with its Indians.
The omitted language is as follows: In any suit brought under the jurisdiction conferred by this section the claimant shall be entitled to recover in the same manner, to the same extent, and subject to the same conditions and limitations, and the United States shall be entitled to the same defenses, both at law and in equity, and to the same offsets, counterclaims, and demands, as in cases brought in the Court of Claims under section 250 of this title: Provided, however, That nothing contained in this section shall be construed as altering the fiduciary or other relations between the United States and the several Indian tribes, bands, or groups.
Amendments
1992—Pub. L. 102–572 substituted United States Court of Federal Claims for United States Claims Court and Court of Federal Claims for Claims Court.
1982—Pub. L. 97–164 substituted The United States Claims Court shall have jurisdiction for The Court of Claims shall have jurisdiction and cognizable in the Claims Court for cognizable in the Court of Claims.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.
U.S. Encyclopedia of Law Coverage
28-U.S.C.-1455 in the Legal Encyclopedia: Judiciary
In this entry about 28-U.S.C.-1455, find legal reference material, bibliographies and premiere content related to judiciary in the American Encyclopedia of Law, presenting a comprehensive view of the United States judiciary-specific issues, written by authorities in the field.
28-U.S.C.-1452 in the Legal Encyclopedia: Jurisdiction
In this entry about 28-U.S.C.-1452, find legal reference material, bibliographies and premiere content related to jurisdiction in the American Encyclopedia of Law, presenting a comprehensive view of the United States jurisdiction-specific issues, written by authorities in the field.
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