This bill grants the Miami Tribe of Oklahoma a one-year window to sue the U.S. government in the Court of Federal Claims over specific land disputes stemming from their 1805 treaty in Illinois, while extinguishing all other related Illinois land claims.
Markwayne Mullin
Senator
OK
This bill grants the Miami Tribe of Oklahoma a limited, one-year window to sue the U.S. government in the Court of Federal Claims over specific land disputes related to their 1805 treaty in Illinois. This special jurisdiction allows the court to hear the case regardless of standard time limits. In exchange for this opportunity, all other historical Illinois land claims by the Tribe are permanently extinguished.
Land Claims Bill Gives Miami Tribe 1 Year to Sue U.S., Requires Waiver of All Future Illinois Claims
This legislation is a high-stakes deal that opens a narrow, temporary window for the Miami Tribe of Oklahoma to pursue a historical land claim against the U.S. government. Specifically, it grants the U.S. Court of Federal Claims the authority to hear a lawsuit brought by the Tribe concerning land disputes stemming from the 1805 Treaty of Grouseland. The big news here is that the court is explicitly told to ignore the usual statute of limitations (like those found in 28 U.S.C. § 2501) and any other defense based on how long the Tribe waited to sue. Essentially, it’s a green light for a claim that is over 200 years old.
The Clock is Ticking on a 200-Year-Old Claim
This bill doesn't just open the courthouse doors; it sets a strict countdown. The special jurisdiction granted to the Court of Federal Claims only lasts for one year from the date the bill becomes law. If the Miami Tribe of Oklahoma doesn't file its specific land claim related to the 1805 treaty within that 12-month window, the court loses the ability to hear the case under these special terms. For the Tribe, this means they have a compressed, non-negotiable deadline to prepare and submit a complex historical case, a massive undertaking that requires significant resources and legal expertise.
The Cost of Entry: Trading One Claim for Everything Else
Here’s the catch, and it’s a major one: In exchange for this single opportunity to sue over the 1805 treaty, the bill requires the complete extinguishment of every other land claim the Miami Tribe of Oklahoma—or any of its members or descendants—has ever had or might ever have concerning land in the State of Illinois. Think of it like a legal trade: they get to pursue one specific, very old claim, but they must permanently surrender all other potential claims, whether known or unknown, past or future, related to Illinois land. This is a massive legal waiver.
Real-World Stakes: Land, Leverage, and Finality
For the Tribe, this bill presents a critical decision. They gain the ability to bypass procedural hurdles that have historically blocked their path to justice on the 1805 claim. However, they must weigh the potential success of this single lawsuit against the absolute loss of all other leverage they might have over any other historical land dispute in Illinois. If they pursue the claim and the outcome is unfavorable, they walk away with nothing and have forfeited all other potential claims. For anyone owning land in Illinois that might be affected by a successful suit—whether they are a farmer, a homeowner, or a commercial developer—this bill signals that the specific 1805 land dispute could finally be brought to court, potentially leading to a final resolution, one way or another, within the next few years.