Indian Issues

In late 1992, the Golden Hill Paugussett Indian Tribe filed a lawsuit claiming damages and the right to have large tracts of land in Connecticut restored to the tribe. The lawsuit asserted that land historically belonging to the tribe had been transferred without the congressional approval required by the Indian Nonintercourse Act of 1790. In response to concern about Congress' responsibilities under the act, the unpredictability of such claims, and the hardships they place on current landowners, this report (1) provides information on land claims made by eastern Indians during the past 20 years, (2) determines how these claims were resolved, and (3) identifies steps that Congress could take to mitigate the unpredictability and impact of these claims.

GAO found that: (1) over the last 20 years, at least 21 lawsuits have been initiated by 22 Indian tribes or groups in seven eastern states and Louisiana; (2) the claims generally have been based on the assertion that past transfers of land by the tribes were invalid because they had not received congressional approval; (3) of the 21 lawsuits, 7 were dismissed by the courts, 6 were resolved through negotiations, and 8 remain in various stages of litigation or negotiation; (4) the legislation formalizing the settlements cleared the current landowners' titles, provided the Indian claimants with land and money, and limited the time in which the legislated agreements could be challenged; and (5) Congress could address many concerns by establishing a certain period of time for Indian tribes to assert claims and creating a framework for the federal government to assist in the negotiation and resolution of land claims.