Statement of Administration Policy: H.R. 1206 - Pueblo of Isleta Indian Tribe Claims Act

(SENT 7/31/92)
(House)
(Schiff (R) NM)

H.R. 1206 would confer jurisdiction upon the U.S. Claims Court to hear, determine, and render judgment on any pre-1946 land claims of the Pueblo of Isleta Indian Tribe against the United States. The bill would grant to the Tribe an ad hoc legislative waiver of the statute of limitations. If H.R. 1206 is presented to the President, the Attorney General will recommend that he veto the bill.

In 1951, the Pueblo Isleta Indian Tribe filed aboriginal land claims with the Indian Claims Commission. After a decade of litigation, the Federal courts subsequently ruled against the Tribe. Now, some 40 years after the statute of limitations has run, the Tribe seeks, through passage of this bill, to reopen the issue of its historic lands.

There are no extraordinary circumstances or equities to justify further litigation or the Tribe's claims or an exception to the Administration's policy against ad hoc statute of limitations waivers. Furthermore, a waiver would mean the waste of the considerable judicial and litigation resources that have already been expended in bringing this case to a final resolution.

Pay-As-You-Go Scoring

H.R. 1206 would increase direct spending and is, therefore, subject to the pay-as-you-go requirement of the Omnibus Budget Reconciliation Act of 1990 (OBRA). No offsets to the direct spending increases are provided in the bill. A budget point of order applies in the House and Senate against any bill that is not fully offset under CBO scoring. If, contrary to the Administration's recommendation, the House waives any such point of order that applies against H.R. 1206, the effects of enactment of this legislation would be included in the look back pay-as- you-go sequester report at the end of the Congressional session.

The U.S. Claims Court will render judgment to determine the liability of the United States to make payment (direct spending) Inasmuch as the Court must also determine the amount of this payment, it is impossible to estimate the amount of direct spending at this time.