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U.S. Code as of:
01/19/04
Section 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.
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