§ 1353. — Indian allotments.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1353]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 85--DISTRICT COURTS; JURISDICTION
Sec. 1353. Indian allotments
The district courts shall have original jurisdiction of any civil
action involving the right of any person, in whole or in part of Indian
blood or descent, to any allotment of land under any Act of Congress or
treaty.
The judgment in favor of any claimant to an allotment of land shall
have the same effect, when properly certified to the Secretary of the
Interior, as if such allotment had been allowed and approved by him; but
this provision shall not apply to any lands held on or before December
21, 1911, by either of the Five Civilized Tribes, the Osage Nation of
Indians, nor to any of the lands within the Quapaw Indian Agency.
(June 25, 1948, ch. 646, 62 Stat. 934.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 41(24) (Mar. 3, 1911, ch.
231, Sec. 24, par. 24, 36 Stat. 1094; Dec. 21, 1911, ch. 5, 37 Stat.
46).
Words ``any civil action'' were substituted for ``all actions,
suits, or proceedings,'' in view of Rule 2 of the Federal Rules of Civil
Procedure.
The sentence ``The right of appeal shall be allowed to either party
as in other cases'' was omitted as covered by section 1291 of this
title, relating to appeals to the court of appeals.
Changes in phraseology were made.
