52 STAT.] 75TH CONG. , 3D SESS.-CHS. 775, 776--JUNE 28, 1938 SEC. 2. The Secretary of the Interior is hereby authorized, in his discretion, to acquire by purchase, donation, or otherwise, in behalf of the United States, such lands or interests in lands, easements, and buildings comprising the following: Glass House Point, in James City County; the area known as "The Hook", including the site of the action of October 3, 1781, in Gloucester County; and such addi- tional lands as are desirable for the proper rounding out of the boundaries and for the administrative control of the Colonial National Historical Park: Provided, That the total acreage of lands to be added to the park, with the exception of parkways under the terms hereof shall not exceed seven hundred and fifty acres: Pro- vided further, That the said acquisition of lands or improvements shall be made from such funds as may be appropriated pursuant to the authorization of the Act of March 3, 1931 (46 Stat. 1490). Approved, June 28, 1938. [CHAPTER 776] AN ACT Conferring jurisdiction upon the United States Court of Claims to hear, examine, adjudicate. and render judgment on any and all claims which the Ute Indians or any Tribe or Band thereof may have against the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That jurisdiction is hereby conferred on the United States Court of Claims to hear, de- termine, and render final judgment on all legal and equitable claims of whatsoever nature which the Ute Indians or any tribe or band or any constitutent 1 band thereof, may have against the United States, including, but without limiting the generality of the foregoing, claims arising under or growing out of any treaty or agreement of the United States, law of Congress, Executive order, or by reason of any lands taken from them, without compensation, or for the failure or refusal of the United States to protect the interest of any of said bands in lands (as to which any of said bands had the possessory right of use and occupancy), or because of any mismanagement or wrongful handling of any of the funds, land, property, or business enterprises belonging to or held in trust for any of said bands by the United States, or any misfeasance or nonfeasance on the part of the United States with respect thereto, or otherwise. SEO. 2. Suit or suits under this Act may be instituted by any of the aforesaid bands of Indians (each band to have the right to sue for constituent bands comprising said band), either separately or jointly, as party or parties plaintiff against the United States as party defendant, by filing within five years of the enactment of this Act its or their petition or petitions in the Court of Claims and serv- ing with respect to each suit, a copy thereof on the Attorney General of the United States who, either in person or by some attorney from the Department of Justice to be designated by him, shall appear and defend the interests of the United States. Such petition or petitions shall set forth the facts on which the claim or claims for recovery is or are based and shall be verified by the attorney or attorneys em- ployed by said band or bands of Ute Indians, under contracts ap- proved in accordance with existing law, to prosecute said claims, which may be made upon information and belief, and no other veri- fication shall be necessary. The petition or petitions shall be subject to amendment at any time prior to final submission of the case to the Court of Claims. Such petition or petitions may, in addition to alleg- So in original. 1209 Acquisitions for rounding out bound- aries. Provisos. Maximum addi- tion. Funds available. 46 Stat. 1490. 16T.S.C.§443c. June 28, 1938 [H. R . 3162] [Public, No. 754] Ute Indians. Jurisdiction con- ferred on Court of Claims to hear, etc. , claims of. Presentation of elaims. Time limitation for filing petition. Service on Attorney General. Amendments to petition. Audit of accounts.
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