Washington : Government Printing Office
|Public Law 90-9||Indian Claims Commission.|
|Public Law 90-9||Termination date.|
|Sec. 2||60 Stat. 1050.|
|Sec. 6||80 Stat. 464.|
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 23 of the Act entitled "An Act to create an Indian Claims Commission, to provide for the powers, duties, and functions thereof, and for other purposes", approved August 13, 1946 (60 Stat. 1049, 1055), as amended (75 Stat. 92; 25 U.S.C. 70v), is hereby amended to read as follows:
"SEC. 23. The existence of the Commission shall terminate at the end of ten years from and after April 10, 1962, or at such earlier time as the Commission shall have made its final report to the Congress on all claims filed with it. Upon its dissolution the records of the Commission shall be delivered to the Archivist of the United States."
Subsection (a) of section 3 of said Act, as amended (25 U. S. C. 70b), is further amended to read as follows:
"SEC. 3. (a) The Commission shall consist of five Commissioners who shall be appointed by the President, by and with the advice and consent of the Senate. The President shall designate one Commissioner as Chairman. At all times at least three Commissioners shall be members of the bar of the Supreme Court of the United States in good standing. No more than three Commissioners shall be of the same political party. Each Commissioner shall take an oath to support the Constitution of the United States and to discharge faithfully the duties of his office.
"The persons holding the offices of Chief Commissioner and Associate Commissioner of the Indian Claims Commission on April 9, 1967, shall continue in office serving as Commissioners of the Indian Claims Commission until June 30, 1968, unless prior to that date the President shall appoint them pursuant to this section."
Subsection (d) of said section 3, as amended, is further amended by striking out "Two members" and inserting in lieu thereof "Three Commissioners" and by striking out "two members" and inserting in lieu thereof "three Commissioners."
Sections 6 and 18 of said Act (25 U. S. C. 70e and 70q) are each amended by striking out "Chief Commissioner" and inserting in lieu thereof "Chairman".
The Act of August 13, 1946, as amended (25 U. S. C. 70-70v), is amended by adding at the end thereof a new section as follows:
"SEC. 27. (a) The Commission shall, not later than one year after the effective date of this section, prepare a trial calendar which will set a date, not later than December 31, 1970, for the trial of each claim pending before the Commission.
"(b) If a claimant fails to proceed with the trial of its claim on the date set for that purpose, the Commission shall enter an order dismissing the claim with prejudice unless for good cause the Commission grants a continuance, which continuance shall be for a period of not more than six months. No further continuances shall be granted upon motion of the same party except upon a showing that unforeseeable events beyond the control of the party have occurred which make it imperative that such further continuances be granted, and in no event shall such further continuances exceed an aggregate of six months. If, upon the expiration of the final period of continuance granted, the claimant fails to proceed with the trial of its claim, the Commission shall enter an order dismissing the claim with prejudice. The Commission may, however, stay the entry of any such order if it finds that a final compromise of the claim is being negotiated in good faith by the parties."
Section 5316 of title 5, United States Code, is amended by striking out paragraph (46) and by amending paragraph (47) to read as follows:
"(47) Commissioners, Indian Claims Commission (5).".
Approved, April 10, 1967.