§7 Untitled Section

Summary

The Secretary must check all White Earth allotments as thoroughly as possible and decide which ones fit under section 4(a), 4(b), or 5(c) (these are the specific types of allotments covered by the Act). For any that do, the Secretary must make lists that show the allotment number, the land description, and the allottee’s name in English and Ojibway if available. The first list must be published within 180 days after the law took effect (Mar. 24, 1986) in the Federal Register and in newspapers in Mahnomen, Becker, and Clearwater Counties, in one Minneapolis–Saint Paul paper, and optionally in tribal papers. The newspapers must run the notice no later than 30 days after the Federal Register publication. Anyone—tribes, bands, groups, or individuals—has one year after the Federal Register notice to give the Secretary other allotments they think should be included, with identifying details and reasons. The Secretary can also add items on the Secretary’s own. A second list must be published by March 12, 1989, in the Federal Register and the same newspapers showing additions or corrections. After the lists are published, Secretary decisions to include or exclude allotments can be challenged in court under the Administrative Procedure Act within 90 days of the notice. The Secretary may later add allotments to the second list, must publish those additions in the Federal Register, and those additions can also be challenged in court within 90 days. The Secretary may make one one-time deletion from the second or later lists for items that don’t qualify or were included by mistake; that deletion must be published and may be challenged in court within 90 days. All court cases must be filed in the U.S. District Court for the District of Minnesota.