25 U.S. Code § 1300d–27 - Jurisdiction; procedure

prev | next
(a) Actions authorized
In any action brought by or on behalf of a lineal descendant or any group or combination of those lineal descendants to challenge the constitutionality or validity of distributions under this part to any covered Indian tribe, any covered Indian tribe, separately, or jointly with another covered Indian tribe, shall have the right to intervene in that action to—
(1) defend the validity of those distributions; or
(2) assert any constitutional or other claim challenging the distributions made to lineal descendants under this part.
(b) Jurisdiction and venue
(1) Exclusive original jurisdiction
Subject to paragraph (2), only the United States District Court for the District of Columbia, and for the districts in North Dakota and South Dakota, shall have original jurisdiction over any action brought to contest the constitutionality or validity under law of the distributions authorized under this part.
(2) Consolidation of actions
After the filing of a first action under subsection (a) of this section, all other actions subsequently filed under that subsection shall be consolidated with that first action.
(3) Jurisdiction by the United States Court of Federal Claims
If appropriate, the United States Court of Federal Claims shall have jurisdiction over an action referred to in subsection (a) of this section.
(c) Notice to covered tribes
In an action brought under this section, not later than 30 days after the service of a summons and complaint on the Secretary that raises a claim identified in subsection (a) of this section, the Secretary shall send a copy of that summons and complaint, together with any responsive pleading, to each covered Indian tribe by certified mail with return receipt requested.
(d) Statute of limitations
No action raising a claim referred to in subsection (a) of this section may be filed after the date that is 365 days after November 13, 1998.
(e) Special rule
(1) Final judgment for lineal descendants
(A) In general
If an action that raises a claim referred to in subsection (a) of this section is brought, and a final judgment is entered in favor of 1 or more lineal descendants referred to in that subsection, section 1300d–23 (a) of this title and subsections (a) and (b) ofsection 1300d–26 of this title shall not apply to the distribution of the funds described in subparagraph (B).
(B) Distribution of funds
Upon the issuance of a final judgment referred to in subparagraph (A) the Secretary shall distribute 100 percent of the funds described in section 1300d–22 of this title to the lineal descendants in a manner consistent with—
(i) section 202(c) ofPublic Law 92–555 (25 U.S.C. 1300d–4 (c)); and
(ii) section 202(a) ofPublic Law 92–555 [25 U.S.C. 1300d–4 (a)], as in effect on the day before November 13, 1998.
(2) Final judgment for covered Indian tribes
(A) In general
If an action that raises a claim referred to in subsection (a) of this section is brought, and a final judgment is entered in favor of 1 or more covered Indian tribes that invalidates the distributions made under this part to lineal descendants, section 1300d–23 (a) of this title, other than the percentages under section 1300d–23 (a)(2) of this title, and subsections (a) and (b) ofsection 1300d–26 of this title shall not apply.
(B) Distribution of funds
Not later than 180 days after the date of the issuance of a final judgment referred to in subparagraph (A), the Secretary shall distribute 100 percent of the funds described in section 1300d–22 of this title to each covered Indian tribe in accordance with the judgment and the percentages for distribution contained in section 1300d–23 (a)(2) of this title.
(f) Limitation on claims by a covered Indian tribe
(1) In general
If any covered Indian tribe receives any portion of the aggregate amounts transferred by the Secretary to a Fund Account or any other account under section 1300d–23 of this title, no action may be brought by that covered Indian tribe in any court for a claim arising from the distribution of funds under part A of this subchapter.
(2) Rule of construction
Nothing in this subsection shall be construed to limit the right of a covered Indian tribe to—
(A) intervene in an action that raises a claim referred to in subsection (a) of this section; or
(B) limit the jurisdiction of any court referred to in subsection (b) of this section, to hear and determine any such claims.

Source

(Pub. L. 105–387, § 8,Nov. 13, 1998, 112 Stat. 3475.)

 

LII has no control over and does not endorse any external Internet site that contains links to or references LII.