Statement of Administration Policy: S. 2833 - Crow Settlement Act

(SENT 9/10/92)
(Senate)
(Baucus (D) MT and Burns (R) MT)

S. 2833 would provide compensation in excess of $300 million to settle the otherwise time-barred land claims of the Crow Indian Tribe of Montana. If S. 2833 is presented to the President, the Attorney General and the Secretary of the Interior would recommend that he veto the bill.

An 1891 survey, which established the boundaries of the Tribe's reservation, inadvertently excluded approximately 36,000 acres. The Tribe properly filed other pre-1946 claims pursuant to the 1946 Indian Claims Commission Act and could have filed one concerning the 36,000 acres. However, the Tribe, evidently aware of the survey error, did not do so. In 1961, despite the 1946 Act's prohibition from bringing this claim in subsequent forums, the Tribe unsuccessfully sought compensation from Congress. In 1986, after all applicable statutes of limitations had expired, the Tribe filed suit against the United States for the land's value, lost rentals, and other profits.

The Crow Indian Tribe has consistently brought this claim in a manner contrary to the 1946 Act and for an amount inconsistent with the Act's compensation formula. There are no extraordinary circumstances to justify such excessive, gratuitous compensation. Furthermore, to award compensation to the Crow despite their failure to raise this claim in a timely and appropriate fashion would undermine the very purpose of the process. It would also establish an unacceptable precedent allowing currently barred claims to be revived through legislative requests for additional compensation.

The Administration, notwithstanding its opposition to S. 2833, remains willing to negotiate an equitable resolution of the Crow Indian Reservation boundary.

Scoring for the Purpose of PAYGO and Discretionary Caps

S. 2833 would increase direct spending and reduce receipts; therefore, it is subject to the pay-as-you-go requirement of the Omnibus Budget Reconciliation Act (OBRA). No offsets are provided in the bill. A budget point of order applies in the House and Senate against any bill that is not fully offset under CBO scoring. If, contrary to the Administration's recommendation, the Senate waives any such point of order that applies against S. 2833, the effects of enactment of this legislation would be included in the look back pay-as-you-go sequester report at the end of the congressional session.

OMB's preliminary scoring estimate of the bill is that it would increase the deficit by a total of $2 million over Fiscal Years 1993-1997. Final scoring of this legislation may deviate from these estimates. If S. 2833 were enacted, final OMB scoring estimates would be published within five days of enactment, as required by OBRA. The cumulative effects of all enacted legislation on direct spending will be issued in monthly reports transmitted to Congress.