Summary: H.R.5358 — 97th Congress (1981-1982)All Information (Except Text)

There is one summary for H.R.5358. Bill summaries are authored by CRS.

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Introduced in House (01/26/1982)

Chitimacha Claims Settlement Act - Declares constitutional and legal any transfer of land or natural resources in Louisiana by the Chitimacha Tribe before the enactment of this Act. Declares extinguished as of the date of transfer: (1) aboriginal titles held by the tribe to land or natural resources the transfer of which is approved by this Act; and (2) tribal claims for damages or possession against the State, any political subdivision of the State, or any person based on an approved transfer of land or natural resources or an aboriginal title extinguished by this Act.

Sets forth procedures for actions challenging the constitutionality of this Act.

Establishes within the Treasury the Chitimacha Claims Settlement Fund as compensation to the tribe for the extinguishment of any claim under this Act. Requires the Secretary of the Interior to make semiannual payments to the tribe from income derived from the fund. Frees the use of such payments from regulation by the Secretary. Sets forth requirements for the acquisition of land for the tribe with the fund. Authorizes appropriations to the fund.

Authorizes the tribe to establish a tribal court system and a tribal police force. Gives any tribal court system established under this Act exclusive jurisdiction over certain criminal offenses occurring and civil actions arising on the Chitimacha Reservation.

Permits the tribe to assume exclusive jurisdiction over Indian child custody proceedings in accordance with the Indian Child Welfare Act.

Prohibits the consideration of payments to the tribe under this Act in the determination of the eligibility of the State, any political subdivision of the State, or the tribe for Federal financial assistance.