§ 345. — Actions for 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: 25USC345]
TITLE 25--INDIANS
CHAPTER 9--ALLOTMENT OF INDIAN LANDS
Sec. 345. Actions for allotments
All persons who are in whole or in part of Indian blood or descent
who are entitled to an allotment of land under any law of Congress, or
who claim to be so entitled to land under any allotment Act or under any
grant made by Congress, or who claim to have been unlawfully denied or
excluded from any allotment or any parcel of land to which they claim to
be lawfully entitled by virtue of any Act of Congress, may commence and
prosecute or defend any action, suit, or proceeding in relation to their
right thereto in the proper district court of the United States; and
said district courts are given jurisdiction to try and determine any
action, suit, or proceeding arising within their respective
jurisdictions involving the right of any person, in whole or in part of
Indian blood or descent, to any allotment of land under any law or
treaty (and in said suit the parties thereto shall be the claimant as
plaintiff and the United States as party defendant); and the judgment or
decree of any such court 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 now
held by either of the Five Civilized Tribes, nor to any of the lands
within the Quapaw Indian Agency: Provided, That the right of appeal
shall be allowed to either party as in other cases.
(Aug. 15, 1894, ch. 290, Sec. 1, 28 Stat. 305; Feb. 6, 1901, ch. 217,
Sec. 1, 31 Stat. 760; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167.)
Repeal of Section as to Osage Indians
Act June 28, 1906, ch. 3572, Sec. 1, 34 Stat. 540, provided in
part that: ``the provisions of the Act of Congress of August
fifteenth, eighteen hundred and ninety-four, Twenty-eighth Statutes
at Large, page three hundred and five [this section], granting
persons of Indian blood who have been denied allotments the right to
appeal to the courts, are hereby repealed as far as the same relate
to the Osage Indians; and the tribal lands and tribal funds of said
tribe shall be equally divided among the members of said tribe as
hereinafter provided''.
Codification
Act Mar. 3, 1911, conferred the powers and duties of the former
circuit courts upon the district courts.
Section Referred to in Other Sections
This section is referred to in section 346 of this title.
