This bill allows the Miami Tribe of Oklahoma to pursue a specific land claim in Illinois while extinguishing all other claims in the state.
Tom Cole
Representative
OK-4
This bill allows the Miami Tribe of Oklahoma to bring a land claim case against the U.S. government in the United States Court of Federal Claims regarding an 1805 treaty. This ability to bring the case will expire one year after the bill is enacted. The bill also extinguishes all other land claims by the Miami Tribe of Oklahoma in Illinois, except for the claim authorized under this bill.
This legislation tackles a long-standing issue by creating a specific pathway for the Miami Tribe of Oklahoma to pursue a land claim in Illinois related to an 1805 treaty. It essentially gives the U.S. Court of Federal Claims special permission to hear this single case, even if standard legal deadlines have passed (specifically waving 28 U.S.C. 2501). However, this opportunity comes with a strict one-year time limit from the date the law is enacted for the Tribe to file.
The core of this bill is Section 1, which carves out a unique exception. It empowers the Court of Federal Claims to handle only the land claim stemming from the 1805 treaty. Think of it as opening a specific door that was previously closed by time limits. If the Miami Tribe decides to pursue this, they have exactly one year to get their case filed. If they don't file within that year, this specific legal avenue closes again.
Here's the critical trade-off: while opening the door for that one specific claim, the bill simultaneously closes the door permanently on all other potential land claims the Miami Tribe of Oklahoma, its members, or their ancestors/descendants might have had within the state of Illinois. Section 1 explicitly states that, apart from the single 1805 treaty claim allowed under this act, all other rights to sue over land in Illinois – past, present, or future – are eliminated. This means the bill aims to provide a resolution for one identified historical issue, but also seeks to definitively end any other potential land-related legal battles for the Tribe within Illinois.