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

Read twice and referred to the Committee on Indian Affairs. (text of measure as introduced: CR S7482)

Official summary

Version 00 · Introduced in Senate · Jul 24, 2000

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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Who introduced it

Sen. Fitzgerald, Peter [R-IL] · R–IL

Committees

  • Indian Affairs Committee
0 cosponsorship records, including any withdrawals

    Actions

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    1. Read twice and referred to the Committee on Indian Affairs. (text of measure as introduced: CR S7482)

    2. Introduced in Senate

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    Related bills identified by Congress.gov

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    Source last updated: Jun 20, 2025. Consult Congress.gov for the current record.

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