§6 Untitled Section

Summary

When the Secretary confirms the conditions in section 10, he must publish a notice in the Federal Register. After that notice, any allotment or interest the Secretary says fits section 4(a), 4(b), or 5(c) and that was transferred by tax forfeiture, sale, mortgage, or other means will be treated as if the transfer followed the Constitution and federal laws for trust allotments. Congress approves and ratifies those transfers from the original transfer date, unless this Act says otherwise. Any payment for loss from that approval will be decided under section 8. By approving those transfers, claims against the United States, the State of Minnesota, or others by the White Earth Band, its members, or any other tribe or Indian based on those allotments are treated as if they never existed as of the transfer date, unless this Act provides otherwise. Court cases to get title or damages for the transactions in sections 4(a), 4(b), 5(a), or 5(c) are forever blocked unless a complaint is filed no later than 180 days after the Act’s enactment (Mar. 24, 1986) or before the Secretary’s publication required above, whichever is later. Actions on behalf of the White Earth Band were blocked immediately on enactment unless the required publication does not happen within two years, in which case that block is lifted. If a person who could get compensation under section 8 files a timely court action, that person cannot receive compensation under section 8. Only the U.S. District Court for the District of Minnesota can hear timely cases. An heir, allottee, or other person may also sue the United States in the Court of Federal Claims under the Tucker Act to challenge the constitutionality of the compensation for a specific allotment, but that suit must be filed within 180 days after the Secretary’s compensation notice under section 8(c) or it is forever barred; filing such a suit also bars that person from getting compensation under section 8. The United States waives sovereign immunity only for that kind of Court of Federal Claims action.