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Indian Claims Limitations Act
The Indian Claims Limitations Act
Indian Claims Limitations Act
of 1982 (ICLA) is a United States federal statute of limitations that governs some types of claims by Native American tribes and claims by the federal government on behalf of tribes.Contents1 Previous statutes 2 Legislative history 3 Provisions and interpretation 4 The Interior Department's list 5 Notes 6 ReferencesPrevious statutes[edit] Previous statutes of limitations had only applied to suits by non-Indian landowners against the federal government.[1] Congress enacted the first statute of limitations applicable to Native American land claims in 1966.[2] The limitation was six years for contract and trespass claims, and three years for tort claims.[2] There was no limitation for land title claims.[2] Pre-1966 claims were deemed to have accrued on July 18, 1966, the date of passage.[2] Under the 1966 act, pre-1966 trespass claims would have become barred on July 18, 1972
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United States
Coordinates: 40°N 100°W / 40°N 100°W / 40; -100 United States
United States
of AmericaFlagGreat SealMotto:  "In God
God
We Trust"[1][fn 1]Other traditional mottos  "E pluribus unum" (Lat
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Minnesota
Minnesota
Minnesota
(/ˌmɪnɪˈsoʊtə/ ( listen)) is a state in the Great Lakes
Great Lakes
and northern regions of the United States. Minnesota
Minnesota
was admitted as the 32nd U.S. state
U.S. state
on May 11, 1858, created from the eastern half of the Minnesota
Minnesota
Territory. The state has a large number of lakes, and is known by the slogan "Land of 10,000 Lakes". Its official motto is L'Étoile du Nord
L'Étoile du Nord
(French: Star of the North). Minnesota
Minnesota
is the 12th largest in area and the 22nd most populous of the U.S
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Native American Tribes
In the United States, an Indian tribe, Native American tribe, tribal nation or similar concept is any extant or historical clan, tribe, band, nation, or other group or community of Indigenous peoples in the United States. Modern forms of these entities are often associated with land or territory of an Indian reservation. "Federally recognized Indian tribe" is a legal term of art in United States
United States
law with a specific meaning. An Indian tribe recognized by the United States
United States
government usually possesses tribal sovereignty, a "dependent sovereign nation" status with the Federal Government that is similar to that of a state in some situations, and that of a nation in others
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Accrue
Accrual (accumulation) of something is, in finance, the adding together of interest or different investments over a period of time. It holds specific meanings in accounting, where it can refer to accounts on a balance sheet that represent liabilities and non-cash-based assets used in accrual-based accounting. These types of accounts include, among others, accounts payable, accounts receivable, goodwill, deferred tax liability and future interest expense.[1]Contents1 Accruals in accounting1.1 Accrued revenue 1.2 Accrued expense2 Accruals in payroll2.1 Length of service 2.2 Trial period 2.3 Rollover/carry over3 Other uses 4 See also 5 References 6 External linksAccruals in accounting[edit] For example, a company delivers a product to a customer who will pay for it 30 days later in the next fiscal year, which starts a week after the delivery
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Native American Rights Fund
The Native American Rights Fund (NARF) is a non-profit organization that uses existing laws and treaties to ensure that U.S. state governments and the U.S. federal government
U.S. federal government
live up to their legal obligations
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Class Action
A class action, class suit, or representative action is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member of that group
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United States District Court For The District Of Columbia
The United States District Court for the District of Columbia
United States District Court for the District of Columbia
(in case citations, D.D.C.) is a federal district court. Appeals from the District are taken to the United States Court of Appeals for the District of Columbia Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit).Contents1 History 2 Current judges 3 Vacancies and pending nominations 4 Former judges 5 Chief judges 6 Succession of seats 7 See also 8 Notes 9 External linksHistory[edit]E
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Federal Register
The Federal Register
Federal Register
(FR or sometimes Fed. Reg.) is the official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices.[1] It is published daily, except on federal holidays. The final rules promulgated by a federal agency and published in the Federal Register are ultimately reorganized by topic or subject matter and codified in the Code of Federal Regulations
Code of Federal Regulations
(CFR), which is updated annually. The Federal Register
Federal Register
is compiled by the Office of the Federal Register (within the National Archives and Records Administration) and is printed by the Government Publishing Office
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Quiet Title
An action to quiet title is a lawsuit brought in a court having jurisdiction over property disputes, in order to establish a party's title to real property, or personal property having a title, of against anyone and everyone, and thus "quiet" any challenges or claims to the title. This legal action is "brought to remove a cloud on the title" so that plaintiff and those in privity with him may forever be free of claims against the property.[1] The action to quiet title resembles other forms of "preventive adjudication," such as the declaratory judgment.[2] This genre of lawsuit is also sometimes called either a try title, trespass to try title, or ejectment action "to recover possession of land wrongfully occupied by a defendant."[3] However, there are slight differences
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Statute Of Limitations
Statutes of limitations are laws passed by legislative bodies in common law systems to set the maximum time after an event within which legal proceedings may be initiated.[1] When the period of time specified in a statute of limitations passes, a claim might no longer be filed, or, if filed, may be liable to be struck out if the defense against that claim is, or includes, that the claim is time-barred as having been filed after the statutory limitations period. When a statute of limitations expires in a criminal case, the courts no longer have jurisdiction. Most crimes that have statutes of limitations are distinguished from serious crimes as these may be brought at any time. In civil law systems, similar provisions are typically part of their civil or criminal codes and known collectively as periods of prescription
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Laches (equity)
Laches (/ˈlætʃɪz/ "latches", /ˈleɪtʃɪz/ LAY-chiz; Law French: remissness, dilatoriness, from Old French
Old French
laschesse) refers to a lack of diligence and activity in making a legal claim, or moving forward with legal enforcement of a right, particularly in regards to equity; hence, it is an unreasonable delay that can be viewed as prejudicing the opposing [defending] party. When asserted in litigation, it is an equity defense, that is, a defense to a claim for an equitable remedy. The person invoking laches is asserting that an opposing party has "slept on its rights", and that, as a result of this delay, circumstances have changed, witnesses or evidence may have been lost or no longer available, etc., such that it is no longer a just resolution to grant the plaintiff's claim
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White Earth Indian Reservation
The White Earth Indian Reservation
White Earth Indian Reservation
(or Gaa-waabaabiganikaag (lit. "Where there is an abundance of white clay") in the Ojibwe
Ojibwe
language) is the home to the White Earth Band, located in northwestern Minnesota. It is the largest Indian reservation
Indian reservation
in that state by land area. The reservation includes all of Mahnomen County, plus parts of Becker and Clearwater counties in the northwest part of the state, along the Wild Rice and White Earth rivers. It is about 225 miles (362 km) from Minneapolis-St. Paul
Minneapolis-St. Paul
and roughly 65 miles (105 km) from Fargo-Moorhead. Community members often prefer to identify as Anishinaabe
Anishinaabe
or Ojibwe (in their language) rather than Chippewa, a corruption of Ojibwe
Ojibwe
that came to be used by European settlers to refer to them
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Federal Power Commission V. Tuscarora Indian Nation
Federal Power Commission v. Tuscarora Indian Nation, 362 U.S. 99 (1960), was a case decided by the United States Supreme Court
United States Supreme Court
which determined that the Federal Power Commission was authorized to take lands owned by the Tuscarora Indian tribe
Tuscarora Indian tribe
by eminent domain under the Federal Power Act for a hydroelectric power project, upon payment of just compensation.Contents1 Background 2 District Court 3 Opinion3.1 Majority 3.2 Dissent4 Interpretation of the Nonintercourse Act 5 See also 6 References 7 External linksBackground[edit] Further information: Aboriginal title
Aboriginal title
in New York In 1950 the United States and Canada entered into treaty in respect to the Niagara Falls
Niagara Falls
in order to properly split the use of an obviously huge natural resource
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Tee-Hit-Ton Indians V. United States
Tee-Hit-Ton Indians v. United States, 348 U.S. 272 (1955), is a United States Supreme Court case involving a suit by the Tee-Hit-Ton, a subgroup of the Tlingit people. The Tee-Hit-Ton sought compensation from Congress for lumber taken from lands they occupied. The court ruled against the Tee-Hit-Ton.Contents1 Background 2 Procedural posture 3 Decision 4 See also 5 External linksBackground[edit] The Tee-Hit-Ton, a subgroup of the Tlingit people, brought an action in Court of Claims for compensation, under Fifth Amendment to the United States
United States
Constitution, for timber taken from tribal-occupied lands in Alaska
Alaska
authorized by the Secretary of Agriculture
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New York Ex Rel. Cutler V. Dibble
New York ex rel. Cutler v. Dibble, 62 U.S. (21 How.) 366 (1858), was a companion case to the more well-known Fellows v. Blacksmith
Fellows v. Blacksmith
(1857). At the time Fellows was decided, this case had reached the U.S. Supreme Court but had not yet been argued.[1] Members of the Seneca tribe had obtained a writ from the New York courts, under New York's state nonintercourse act, expelling the Ogden Land Company and their grantees. The defendants, before the Court, unsuccessfully challenged the state statute under the Indian Commerce Clause of the United States Constitution, the federal Nonintercourse Act and the Treaty of Buffalo Creek between the federal government and the Senecas
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