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H. Rept. 104-694 1 (1996-07-22)

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                   104TH CONGRESS                                      REPORT
                      2d Session    HOUSE OF REPRESENTATIVES           104-694




                             PUEBLO OF ISLETA INDIAN LAND CLAIMS



                    JULY 22, 1996.-Committed to the Committee of the Whole House on the State of
                                     the Union and ordered to be printed


                            Mr. HYDE, from the Committee on the Judiciary,
                                        submitted the following


                                             REPORT

                                          [To accompany H.R. 740]

                             [Including cost estimate of the Congressional Budget Office]
                     The Committee on the Judiciary, to whom was referred the bill
                   (H.R. 740) to confer jurisdiction on the United States of Court of
                   Federal Claims with respect to land claims of Pueblo of Isleta In-
                   dian Tribe, having considered the same, report favorably thereon
                   without amendment and recommend that the bill do pass.
                                        PURPOSE AND SUMMARY
                     H.R. 740, as reported by the Committee, would permit the Pueblo
                   of Isleta to file a claim in the United States Court of Federal
                   Claims for certain aboriginal lands acquired from the tribe by the
                   United States. The Court's jurisdiction would apply only to claims
                   accruing on or before August 13, 1946, as provided in the Indian
                   Claims Commission Act (ICCA).
                                             BACKGROUND
                     The Pueblo of Isleta Indian Tribe asserts that a land claim was
                   never filed by the tribe based on aboriginal use and occupancy
                   under the ICCA because it received erroneous advice regarding the
                   types of claims that could be filed. Tribal officials were told by the
                   Bureau of Indian Affairs (BIA) that specific documents must be
                   produced in order to mount a claim, and were not informed that
                   a claim could be based on aboriginal use and occupancy.
                     As a result, the tribe filed only a limited and unsuccessful claim
                   in 1951 seeking compensation for some 17,000 acres that were cov-
                   ered by specific land grant documents. The tribe states that no
                   claims were filed based on aboriginal use due to the misdirected
                      29-006

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