§6 Untitled Section

Summary

When the conditions in section 10 are met, the Secretary must publish a notice in the Federal Register. After that notice, any allotment or interest the Secretary finds is covered by section 4(a), 4(b), or 5(c) and that was transferred by tax forfeiture, sale, mortgage, or other means will be treated as having been done under the Constitution and federal laws for Indian trust land. Congress approves and ratifies those transfers as of the date they happened, subject to section 6(c). Any compensation for loss from those approved transfers will be handled under section 8. Because of that approval, claims by the White Earth Band, its members, or any other tribe or Indian about those transfers are treated as if they never existed on the date of the transfer, subject to this Act. Lawsuits to get title or money for transactions in sections 4(a), 4(b), 5(a), or 5(c) are forever barred unless a complaint is filed no later than 180 days after the Act’s enactment (March 24, 1986) or before the Secretary’s publication under section 6(a), whichever is later. Actions brought on behalf of the White Earth Band are barred immediately on enactment unless the required publication does not occur within two years of enactment, in which case that bar is lifted. Anyone who files a timely action may proceed, but an allottee, heir, or other person who files such an action cannot get compensation under section 8. The U.S. District Court for the District of Minnesota has exclusive jurisdiction over timely-filed actions. An heir, allottee, or other person entitled to compensation may instead sue the United States in the Court of Federal Claims under the Tucker Act (28 U.S.C. 1491) to challenge the constitutionality of the section 8(a) compensation for a particular allotment, but that suit must be filed within 180 days after the Secretary’s notice under section 8(c) or it is forever barred. The United States waives any sovereign immunity defense to such Tucker Act suits, but keeps other defenses. Filing a Tucker Act suit also bars that person from receiving compensation under section 8.