Indian Claims Limitations Act facts for kids
The 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.
Previous statutes
Previous statutes of limitations had only applied to suits by non-Indian landowners against the federal government.
Congress enacted the first statute of limitations applicable to Native American land claims in 1966. The limitation was six years for contract and trespass claims, and three years for tort claims. There was no limitation for land title claims. Pre-1966 claims were deemed to have accrued on July 18, 1966, the date of passage.
Under the 1966 act, pre-1966 trespass claims would have become barred on July 18, 1972. That day, Congress extended the limitations period for pre-1966 claims an additional five years, to July 18, 1977. The 1972 acts also broadened the scope of the applicability of the limitation, to all civil actions brought by Indian tribes or individuals based upon contract, tort, or trespass theories.
Under the 1972 acts, pre-1966 trespass claims would have become barred in 1977. That year, Congress extended the limitations period again, until April 1, 1980.
Under the 1977 act, pre-1966 trespass claims would have become barred on April 1, 1980. Four days before that deadline, Congress again extended the limitations period, until December 31, 1982. That act required the Interior Secretary to determine which claims should not be litigated, and submit proposals to resolve those claims legislatively by June 30, 1981. The Secretary submitted zero proposals by this deadline, but did identify 17,000 pre-1962 claims by 1982.
Legislative history
In 1982, for the first time, the Interior and Justice Departments failed to endorse an extension. The Native American Rights Fund (NARF) initiated a class action suit on behalf of all Indians and tribes with pre-1966 claims. On November 17, 1982, NARF obtained an order requiring the government to either submit a legislative proposal within 30 days or to initiate the 17,000 lawsuits itself before the statute expired. The United States District Court for the District of Columbia's decision loomed large in the Congressional debates.
One day before the pre-1966 claims would have become barred, Congress extended the limitations period a final time. This eliminated the statute of limitations entirely for some types of claims.
The Interior Department's list
The Interior Department's initial list was 222 pages long.
The initial list contained more than 17,000 claims by allottees relating to the White Earth Indian Reservation in Minnesota, totaling more than 100,000 acres. Congress responded with the White Earth Reservation Land Settlement Act (1986).
