§ 652. — Claims against United States for appropriated lands; submission to United States Court of Federal Claims; appeal; grounds for relief.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC652]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XXV--INDIANS OF CALIFORNIA
Sec. 652. Claims against United States for appropriated lands;
submission to United States Court of Federal Claims; appeal;
grounds for relief
All claims of whatsoever nature the Indians of California as defined
in section 651 of this title may have against the United States by
reason of lands taken from them in the State of California by the United
States without compensation, or for the failure or refusal of the United
States to compensate them for their interest in lands in said State
which the United States appropriated to its own purposes without the
consent of said Indians, may be submitted to the United States Court of
Federal Claims by the attorney general of the State of California acting
for and on behalf of said Indians for determination of the equitable
amount due said Indians from the United States; and jurisdiction is
conferred upon the United States Court of Federal Claims,\1\ to hear and
determine all such equitable claims of said Indians against the United
States and to render final decree thereon.
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\1\ So in original. The comma probably should not appear.
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It is declared that the loss to the said Indians on account of their
failure to secure the lands and compensation provided for in the
eighteen unratified treaties is sufficient ground for equitable relief.
(May 18, 1928, ch. 624, Sec. 2, 45 Stat. 602; Pub. L. 97-164, title I,
Sec. 150, Apr. 2, 1982, 96 Stat. 46; Pub. L. 100-352, Sec. 6(b), June
27, 1988, 102 Stat. 663; Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct.
29, 1992, 106 Stat. 4516.)
Amendments
1992--Pub. L. 102-572 substituted ``United States Court of Federal
Claims'' for ``United States Claims Court'' in two places.
1988--Pub. L. 100-352 struck out ``, with the right of either party
to appeal to the United States Court of Appeals for the Federal
Circuit'' before ``, to hear and determine''.
1982--Pub. L. 97-164 substituted ``United States Claims Court'' for
``Court of Claims'' and for ``Court of Claims of the United States'' and
substituted ``United States Court of Appeals for the Federal Circuit''
for ``Supreme Court of the United States''.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of Title 28,
Judiciary and Judicial Procedure.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-352 effective ninety days after June 27,
1988, except that such amendment not to apply to cases pending in
Supreme Court on such effective date or affect right to review or manner
of reviewing judgment or decree of court which was entered before such
effective date, see section 7 of Pub. L. 100-352, set out as a note
under section 1254 of Title 28, Judiciary and Judicial Procedure.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of Title 28,
Judiciary and Judicial Procedure.