A bill to permit landowners to assert otherwise-available state law defenses against property claims by Indian tribes.

Summary

Permits the defendant in any action or claim by or on behalf of an Indian tribe to enforce a real property right or otherwise asserting a claim of Indian title or right (except in any action or claim against a governmental entity with respect to land that is located within sovereign Indian country) to assert any affirmative defense that would be available under State law to a defendant opposing an analogous action or claim that does not involve an Indian tribe. Provides that the court shall allow the prevailing party a reasonable attorney's fee with respect to a claim that was frivolous, unreasonable, or without foundation or that the opposing party continued to litigate after it clearly became so. Prohibits any attorney's fee from being assessed against an Indian tribe seeking to enforce a right to an interest in land if the court determines that the land is located within sovereign Indian country.

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Documents

3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 24 July 2000

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 24 July 2000

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• Introduced in Senate

  summary · EN · 24 July 2000

  Open at official source

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