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LegalText 28 U.S.C. § 1505 Indian claims us united_states_code code_section 28 JUDICIARY AND JUDICIAL PROCEDURE 91 UNITED STATES COURT OF FEDERAL CLAIMS 1505 28 U.S.C. § 1505 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc28@119-100.zip /us/usc/t28/s1505 data/legal/raw/us/code/title-28/usc28.xml 8debe7a1d099e94f10c593dd3af37000cf43163497c56292ade5f7b6e334045e 3390f867a2c02f5d0c496269da780795fe19663a090a3040c64a9ee0a541cdcf cd5702e8731ea12259d3f7b4098d678b6dd211579696d8c66c6e4f4f79219eec 2026-07-04 official
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28 U.S.C. § 1505 - Indian claims

Text

The United States Court of Federal Claims shall have jurisdiction of any claim against the United States accruing after August 13, 1946, in favor of any tribe, band, or other identifiable group of American Indians residing within the territorial limits of the United States or Alaska whenever such claim is one arising under the Constitution, laws or treaties of the United States, or Executive orders of the President, or is one which otherwise would be cognizable in the Court of Federal Claims if the claimant were not an Indian tribe, band or group.

(Added May 24, 1949, ch. 139, § 89(a), 63 Stat. 102; amended Pub. L. 97164, title I, § 133(g), Apr. 2, 1982, 96 Stat. 41; Pub. L. 102572, title IX, § 902(a), Oct. 29, 1992, 106 Stat. 4516.)

Notes

Historical and Revision Notes

1949 ActSection 1505 is added to title 28, U.S.C., by this amendment to incorporate the act of August 13, 1946 (ch. 959, § 24, 60 Stat. 1055), which was originally classified to title 28, U.S.C., but was later transferred to title 25 of such code. Since such section 24 deals with jurisdiction of the Court of Claims it should be in title 28. This amendatory section omits as surplusage all provisions of said section 24 except the first sentence, as being fully covered by the express provisions of sections 1503 and 2501 and other provisions of chapter 165 of title 28, U.S.C., relating to Court of Claims procedure. The proviso of such section 24 is omitted as unnecessary since the provision conferring jurisdiction cannot in any view alter the relationship of the Government with its Indians. The omitted language is as follows: “In any suit brought under the jurisdiction conferred by this section the claimant shall be entitled to recover in the same manner, to the same extent, and subject to the same conditions and limitations, and the United States shall be entitled to the same defenses, both at law and in equity, and to the same offsets, counterclaims, and demands, as in cases brought in the Court of Claims under section 250 of this title: Provided, however, That nothing contained in this section shall be construed as altering the fiduciary or other relations between the United States and the several Indian tribes, bands, or groups.”

Editorial Notes

Amendments1992—Pub. L. 102572 substituted “United States Court of Federal Claims” for “United States Claims Court” and “Court of Federal Claims” for “Claims Court”. 1982—Pub. L. 97164 substituted “The United States Claims Court shall have jurisdiction” for “The Court of Claims shall have jurisdiction” and “cognizable in the Claims Court” for “cognizable in the Court of Claims”.

Statutory Notes and Related Subsidiaries

Effective Date of 1992 AmendmentAmendment by Pub. L. 102572 effective Oct. 29, 1992, see section 911 of Pub. L. 102572, set out as a note under section 171 of this title.

Effective Date of 1982 AmendmentAmendment by Pub. L. 97164 effective Oct. 1, 1982, see section 402 of Pub. L. 97164, set out as a note under section 171 of this title.