28 U.S.C. § 1505

Indian claims

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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.

Notes of Decisions

Cited in 219 cases (25 in the last 5 years), 1951–2026 · leading case: United States v. Mitchell, 445 U.S. 535 (1980).

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United States v. Mitchell, 445 U.S. 535 (1980). · cites it 10× “That provision states: "The Court of 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…”

United States v. Mitchell, 463 U.S. 206 (1983). · cites it 4× “The Indian Tucker Act, 28 U. S. C. § 1505 , has a similar history.”

Samish Indian Nation v. United States, 419 F.3d 1355 (Fed. Cir. 2005). · cites it 4× “§ 1491 , and the Indian Tucker Act, 28 U.S.C. § 1505 . The first count alleges violation of the ISDA on grounds that the government’s pre-1996 refusal to accord the Samish federal recognition wrongfully prevented the Samish from obtaining self-determination contracts, 25 U.”

Osage Tribe v. United States, 85 Fed. Cl. 162 (Fed. Cl. 2008). · cites it 13× “Discussion For the reasons discussed below, Proposed Intervenors do not qualify as an “identifiable group” pursuant to 28 U.S.C. § 1505 . Accordingly, the court considers Proposed Intervenors’ Motion as a motion to inteivene on behalf of themselves as individual headlight owners.”

Chippewa Cree Tribe of the Rocky Boy's Reservation v. United States, 73 Fed. Cl. 154 (Fed. Cl. 2006). · cites it 14× “the ruling declaring that the Pembina Judgment Fund (‘PJF’) per capita beneficiaries are an ‘identifiable group’ under the Indian Tucker Act, 28 U.S.C. § 1505 , for purposes of litigating claims that the United States mismanaged PJF monies, and designating the Tribal Plaintiffs…”

United States v. White Mountain Apache Tribe, 537 U.S. 465 (2003). · cites it 2× “While the Government acknowledged that the Indian Tucker Act, 28 U. S. C. § 1505 , invested the Court of Federal Claims with jurisdiction to *470 render judgments in certain claims by Indian tribes against the United States, including claims based on an Act of Congress, it…”

United States v. Navajo Nation, 556 U.S. 287 (2009). · cites it 2× “” 28 U. S. C. § 1505 . The last clause refers to the (ordinary) Tucker Act, which waives immunity with respect to any claim “founded either upon the Constitution, or any Act of Congress or any regulation of an executive department, or upon any express or implied contract with…”

Chippewa Cree Tribe of the Rocky Boy's Reservation v. United States, 69 Fed. Cl. 639 (Fed. Cl. 2006). · cites it 7× “The Indian Tucker Act makes explicit that this court’s jurisdiction extends to “any tribe, band, or other identifiable group of American Indians” for claims against the United States accruing after August 13, 1946.”

Wolfchild v. United States, 62 Fed. Cl. 521 (Fed. Cl. 2004). · cites it 5× “§ 1491 (a)(1), or Indian Tucker Act, 28 U.S.C. § 1505 , because the government had no money-mandating fiduciary duty.”

Navajo Tribe v. United States, 218 Ct. Cl. 11 (Ct. Cl. 1978). · cites it 11× “1055 (later codified in 28 U.S.C. § 1505 (1970)), which provided in relevant part that "The jurisdiction of the Court of Claims is hereby extended to any claim against the United States accruing after the date of the approval of this Act [August 13, 1946] in favor of any Indian…”

Wolfchild v. United States, 101 Fed. Cl. 54 (Fed. Cl. 2011). · cites it 7× “§ 1505 , which provides: 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…”

Glidden Co. v. Zdanok, 370 U.S. 530 (1962). · cites it 4× “102 , 28 U. S. C. § 1505 . In addition, the former jurisdiction over questions referred by the Executive branch was withdrawn in 1953.”

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