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Box 2574 :: :: Olympia, Wa Fido Net 1:352/333 :: :: 98507-2574 206-786-9629 :: :: USA The Quarto Mundista BBS :: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: CONFERENCE OF TRIBAL GOVERNMENTS SESSION III RESOLUTION #9-51379 Statute of Limitations PREAMBLE: On July 18, 1966 Congress enacted Public Law 89-505. Since that time the Act has undergone amendments to become what is now codified in 28 U.S.C: 2415 requires (briefly put) complaints for claims for money damages brought by the United States for or on behalf of a recognized tribe, band or group of American Indians, to be filed by April 1, 1980 or otherwise for them forever. On April 5, 1979 the Western Washington Agency of the Bureau of Indian Affairs informed the Tribes of a notice prepared by the Solicitor's Office designating deadlines that must be followed by the Agency in pre-paring and filing claims under the Statute of Limitations (28 U.S.C. 2415). In addition, the Agency established some of its own deadlines within the cover letter to the Solicitor's notice. Both the letter from the Western Washington Agency and the notice from thc Solicitor's Office mandate deadlines well in advance of the April 1, 1980 deadline established by Congress. The Agency gave: 1. May 1, 1979 as the outside limit for submission of factual studies for claims that have been prcviously identified 2. July 1, 1979 (as did the Region) as the deadline for the identification of new claims, and 3. August 1, 1979 for the last factual information to be turned in to complete these ncw claims. These deadlines, from the time Tribes learned of them, gave Tribes and/or their researchers less than one month, three months, and four months, respectively, to accomplish their obliqations and thereby insure the 2415 claims be processed by the Solicitor. WHEREAS; monies have generally been unavailable through the Bureau of Indian Affairs to assist thc Tribes in investigating and preparing 2415 and WHEREAS; uniform and definite guidelines have not been established 1. as to claim requirements, which would assist Tribes in submitting claims acccptable to the Solicitor 2. as to procedures, to assure Tribes progress is made on claims in a scheduled manner in order for the Tribes to make additions to claims which will not be filed otherwise due to a lack of sufficient information or evidence, and WHEREAS; deadlines were untimely issued, which deadlines fail to give the Tribes sufficient notice to allow them to prepare their actionable claims to be barred by the Statute, and WHEREAS; lack of monies and guidelines further aggravate the situation created by the short periods prior to the deadlines, and BE IT RESOLVED that these Tribal Governments representing Tribes affected by the deadlines and the demand to the Solicitor of the Bureau of Indian Affairs that the deadlines aforementioned as those established by the Western Washington Agency and the Region be withdrawn and that new deadlines reflecting an attitude of fairness toward both the Tribes in researching the claims and the Solicitor in reviewing and preparing the claims, be established. BE IT FURTHER RESOLVED that the delegates to Session III of the Conference of Tribal Governments request the Regional Office of the Solicitor to promulgate guidelines to aid Tribes in preparing their claims, and that the Office of the Solicitor, Division on Indian Affairs, Washington, D.C. be formally requested to supply the Tribes with financial assistance to research their 2415-Claims. Introduced by Bill Matheson, Chairman, Snohomish Tribe, for the Organizing Committee. Date: 5-13-79. Adopted: 5-15-79. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- To have a current Center For World Indigenous Studies Publication Catalogue sent to you via e-mail, send a request to jburrows@halcyon.com Center For World Indigenous Studies P.O. Box 2574 Olympia, WA U.S.A. 98507-2574 Fax: 206-956-1087 BBS: 206-786-9629