The Senate Select Committee on Indian Affairs in S. 2222 to extend the statute of limitations for commencing actions on behalf of an Indian tribe, band or group, or on behalf of an individual Indian whose land is held in trust or restricted status. Funding of Statue of Limitations Project (2415 Project) was not included in the President's budget for fiscal year 1979 but Congress provided $6 million for this project for fiscal year 1980. In January of 1979, the Bureau of Indian Affairs had identified approximately 700 cases, but after contracting with Legal Services Agency and the All Indian Pueblo Council to conduct independent research on outstanding claims led to quantum leap in the number of cases to 9,500 cases. BIA thought there might be an additional 5,800 outstanding Indian land claims which has grown to in excess of 17,000 claims on Indian reservations nationwide. The number and nature of the potential claims identified in Committee hearings involve large numbers of "forced fee" cases involving individually owned trust allotments in which the Department of the Interior issued fee patents to Indian land without the consent or approval of the Indian owner, thus subjecting the property to state and local taxation, exposing the property to debt foreclosures or freeing it for sale without requirement of Secretarial consent. Many other claims arise from trespass over Indian owned property by utility companies or state or local governments. There are claims for improper pumping or diversion of water and significant claims for extraction of mineral resources. Individual Indians may have meritorious claims on large numbers of allotments, title to which may have been unlawfully acquired. Old Age Assistance claims in which tribal elders were forced to sell trust property to white men as a prerequisite to receiving welfare assistance by state and county government. Environmental damage claims arising from leasing of Indian lands in extractive industries and water rights claims from pollution of fish stocks and Indian waters.
STATEMENT OF FORREST GERARD, ASSISTANT SECRETARY FOR INDIAN AFFAIRS
Mr. Chairman and members of the committee, it is a pleasure to appear before you to discuss matters relating to the statute of limitations program. Our plans called for an all out search for unidentified claims and referral of all worthwhile claims to the Justice Department no later than November 30, 1979, they needed four months to prepare and file the claims in court. The all out search was conducted in the summer of 1979, by the end of summer we had potential claims of over 4,500 and by December of 1979 the number of identified potential claims climbed to a grand total of 9,768. Our search experience leads us to believe that another 5,000 or more identifiable claims in the field may not yet be inventoried. Our claims program has affected a significant number of our citizens in this country. In many instances hardships may result as a result of our suits. In many of these claims we are dealing with regaining title to property under circumstances in which defendants are holding void titles. The title issues in these claims are not subject to the statute of limitations as are the tort issues. Many prospective defendants are Indians [tribal council members and BIA officials]. Other defendants are immune to suit such as Indian Tribes and the Federal Government. Some defendants are corporate entities. A great many of Indian claimants are heirs of deceased allottees or trust patentees. We are unable to locate many of them. The United States Government has a [trust] responsibility to them just as it does to recognized tribes, bands, or groups. The eastern land claims and smaller land title cases have tort damage aspects subject to the statute of limitations. These claims are included in our claims program.
JUSTICE DEPARTMENT BARS INDIAN TORT CLAIMS ON STATUTE OF LIMITATIONS
President Reagan stonewalled the Indian Money Damage Claims under the 2415 Indian Claims Program tossing out 17,000 unresolved Indian land claims defying federal court decisions and Public Law 96-217, Section 2, which he signed into law enacted by Congress ordering the swift and just completion of the ancient Indian land claims, a historical injustice. Congress passed laws in the 2415 Indian claims program as follows: (c) Nothing herein shall be deemed to limit the time for bringing an action to establish the title to, or right of possession of, real or personal property.
BLACKFEET WATER COMPACT SETTLEMENT ACT EXTINGUISHES INDIAN TITLES
The Blackfeet Tribal Business Council approved the water compact in 2009 despite our protests that it would extinguish our allotted land claims for forced patents and other claims mentioned above to get our allotted lands returned from white men void patent in fee titles forgeries in state and county courts and $300 million in just compensation. VOTE NO ON THE WATER COMPACT, IT IS A FORGERY AND CRIMINAL ACT BY THE TRIBAL COUNCIL AND BUREAU OF INDIAN AFFAIRS TO DEFRAUD US OF OUR ALLOTTED LANDS. Bob Juneau Sr. Blackfeet patriot
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