Statement of Administration Policy: H.R. 4209 - Cherokee, Choctaw, and Chickasaw Nations of Oklahoma Claims Act of 1992

(SENT 8/3/92)
(House)
(Synar (D) OK and 5 others)

If H.R. 4209 is presented to the President, the Attorney General will recommend that he veto the bill.

In 1982, the Cherokee, Choctaw, and Chickasaw Nations of Oklahoma secured special jurisdictional legislation that allowed them to bring otherwise time-barred claims against the United States. These claims stemmed from damages allegedly caused by the construction of the McClellan-Kerr Navigation Project on the Arkansas River. After nearly a decade of litigation, the Federal courts have ruled that the construction of the project created no legal, equitable, or moral basis for damages claims by the Tribes against the United States.

H.R. 4209 would allow the Tribes, notwithstanding the courts' rulings, to collect so-called "damages" in an amount to be determined through further litigation. This bill would extend preferential treatment to the Tribes; result in a substantial, unwarranted, and unjustified gratuity; and stand as a precedent for other tribes to seek similar legislation. Moreover, the bill would mean the waste of the considerable judicial and litigation resources that have already been expended in bringing this case to a final resolution.

There are no extraordinary circumstances or equities to justify further litigation or the Tribes' claims, and the Administration is resolved to eliminate such unnecessary, wasteful litigation.