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Attorney: Richard Guest
Case Update
NARF represents the Pottawatomi Nation of Canada, a band of descendants from the Historic Pottawatomi Nation, which from 1795 to 1873 signed a series of treaties with the United States. These treaties provided for the payment of certain annuities. The ancestors of the present-day Canadian Pottawatomi fled to Canada following the signing of the final treaty and were never paid their annuities as promised.
The American Pottawatomi bands recovered the payment of these annuities in the Indian Claims Commission (ICC), but the Pottawatomi members who now reside in Canada could not bring a claim in the ICC. In 1993, NARF brought suit on behalf of the Pottawatomi Nation in Canada in the Court of Federal Claims, by way of a congressional reference bill, to seek redress. The Nation and the U.S. Department of Justice reached a settlement in principle and the Court of Federal Claims accepted the settlement in September 2000, and recommended the settlement to Congress in January 2001.
Attempts to pass congressional legislation approving the settlement agreement have stalled on several occasions. On April 15, 2002, Senator Daniel K. Inouye, introduced a bill in the 107th Congress -- S.2127 "For the Relief of the Pottawatomi Nation in Canada for Settlement of Certain Claims Against the United States." The bill was passed by the Senate by unanimous consent in September 2002, but did not pass the House prior to the end of the session. The bill was re-introduced by Senator Inouye during the 108th Congress as Senate Bill No. 663, which was referred to the Senate Judiciary Committee which failed to take any action on the bill. The bill was re-introduced by Senator Inouye during the 109th Congress as Senate Bill 216, which has again been referred to the Senate Judiciary Committee which, again, failed to take any action on the bill. On January 4, 2007, Senator Inouye introduced Senate Bill No. 56 in the 110th Congress which has been referred to the Senate Judiciary Committee. We have met with staff for Chairman Leahy and Senator Schumer and are optimistic that the bill will move through Committee this session. On the House side, we continue working with Congressman Kildee who has agreed to introduce a House companion bill.
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