
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC1300d-27]

 
                            TITLE 25--INDIANS
 
                        CHAPTER 14--MISCELLANEOUS
 
SUBCHAPTER LXXV--MISSISSIPPI SIOUX TRIBES: DISTRIBUTION OF JUDGMENT FUND
 
                   Part B--1998 Distribution Authority
 
Sec. 1300d-27. Jurisdiction; procedure


(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) of section 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) of Public Law 92-555 (25 U.S.C. 
            1300d-4(c)); and
                (ii) section 202(a) of Public 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) of section 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.

(Pub. L. 105-387, Sec. 8, Nov. 13, 1997, 112 Stat. 3475.)

                  Section Referred to in Other Sections

    This section is referred to in sections 1300d-23, 1300d-26 of this 
title.
