§ 1300d-27. Jurisdiction; procedure
(a)
Actions authorized
In any action brought by or on behalf of a lineal descendant or any group or combination of those lineal descendants to challenge the constitutionality or validity of distributions under this part to any covered Indian tribe, any covered Indian tribe, separately, or jointly with another covered Indian tribe, shall have the right to intervene in that action to—
(b)
Jurisdiction and venue
(1)
Exclusive original jurisdiction
Subject to paragraph (2), only the United States District Court for the District of Columbia, and for the districts in North Dakota and South Dakota, shall have original jurisdiction over any action brought to contest the constitutionality or validity under law of the distributions authorized under this part.
(c)
Notice to covered tribes
In an action brought under this section, not later than 30 days after the service of a summons and complaint on the Secretary that raises a claim identified in subsection (a) of this section, the Secretary shall send a copy of that summons and complaint, together with any responsive pleading, to each covered Indian tribe by certified mail with return receipt requested.
(d)
Statute of limitations
No action raising a claim referred to in subsection (a) of this section may be filed after the date that is 365 days after November 13, 1998.
(e)
Special rule
(1)
Final judgment for lineal descendants
(A)
In general
If an action that raises a claim referred to in subsection (a) of this section is brought, and a final judgment is entered in favor of 1 or more lineal descendants referred to in that subsection, section
1300d–23
(a) of this title and subsections (a) and (b) of section
1300d–26 of this title shall not apply to the distribution of the funds described in subparagraph (B).
(B)
Distribution of funds
Upon the issuance of a final judgment referred to in subparagraph (A) the Secretary shall distribute 100 percent of the funds described in section
1300d–22 of this title to the lineal descendants in a manner consistent with—
(2)
Final judgment for covered Indian tribes
(A)
In general
If an action that raises a claim referred to in subsection (a) of this section is brought, and a final judgment is entered in favor of 1 or more covered Indian tribes that invalidates the distributions made under this part to lineal descendants, section
1300d–23
(a) of this title, other than the percentages under section
1300d–23
(a)(2) of this title, and subsections (a) and (b) of section
1300d–26 of this title shall not apply.
(B)
Distribution of funds
Not later than 180 days after the date of the issuance of a final judgment referred to in subparagraph (A), the Secretary shall distribute 100 percent of the funds described in section
1300d–22 of this title to each covered Indian tribe in accordance with the judgment and the percentages for distribution contained in section
1300d–23
(a)(2) of this title.
(f)
Limitation on claims by a covered Indian tribe
(1)
In general
If any covered Indian tribe receives any portion of the aggregate amounts transferred by the Secretary to a Fund Account or any other account under section
1300d–23 of this title, no action may be brought by that covered Indian tribe in any court for a claim arising from the distribution of funds under part A of this subchapter.