The Indian Claims Commission

TLDR

The Indian Claims Commission, established by the 1946 Act, was intended to resolve claims within a decade but, due to a large docket and slow litigation, its mandate has been repeatedly extended to 1978, and it has largely disappointed claimants who favor per‑capita distributions over government‑preferred programmed use. Since 1974, tribes are required to program 20% of their awards, except in exceptional cases. Procedural reforms in the 1960s, such as expanding the commission from three to five members, somewhat accelerated its work, yet the commission has largely favored narrow interpretations and partial settlements, disappointing claimants.

Abstract

In 1946, when the Indian Claims Commission Act was passed, it was expected that the Commission would complete its work in ten years. The volume of dockets, about 650, and the time consuming methods of litigation required repeated extensions of the Commission's tenure, with the present cut-off date set for 1978. The Commission's work has been expedited somewhat by procedural reforms intro duced in the 1960s, including expansion of the number of Commissioners from three to five. Generally, the Commission has been a disappointment to Indian claimants. Despite exceptionally broad grounds for suit stated in the 1946 Act, the Commission has favored narrow construals and parsi monious settlements. Tribes must obtain congressional approval of plans for the use of their awards. The Indians' usual preference has been for per capita distributions rather than for programmed use which the government prefers, such as investment in securities or tribal enterprises. Since 1974, except for unusual circumstances warranting otherwise, tribes must program 20 percent of their awards.