28 U.S.C. § 1353
Indian allotments
The district courts shall have original jurisdiction of any civil action involving the right of any person, in whole or in part of Indian blood or descent, to any allotment of land under any Act of Congress or treaty.
The judgment 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 held on or before
Notes of Decisions
Cited in 63
cases (6 in the last 5 years), 1954–2025 · leading case: K2 America Corp. v. Roland Oil & Gas, LLC
K2 America Corp. v. Roland Oil & Gas, LLC (2011)
“Section 345 and its companion statute, 28 U.S.C. § 1353 , 9 concern suits by *1033 persons who are “in whole or in part of Indian blood or descent.”
Sarah Pence v. Thomas S. Kleppe, Individually and as Secretary of the Interior of the United States and His Agents, and (1976)
“§ 345 , 28 U.S.C. §§ 1353 (Indian allotments), 1331 (federal question), 1346(a)(2) (Tucker Act), 1361 (mandamus), and 2201-02 (declaratory judgment), and under 5 U.”
Stanley F. Cermak, Sr. And Raymond Cermak, Sr. v. Bruce Babbitt, Secretary of Interior (2000)
“The court also determined that 28 U.S.C. § 1353 does not confer it with jurisdiction over their claims because their claims do not concern an allotment of land, as required by that statute.”
United States v. Mottaz (1986)
“§345 and 28 U. S. C. § 1353 ; and the Tucker Act, 28 U.”
Lynch v. Household Finance Corp. (1972)
“§ 1352 ; cases involving Indian allotments, 28 U. S. C. § 1353 ; and injuries under federal law, 28 U.”
Johnnie Louis McAlpine v. United States of America and Bureau of Indian Affairs (1997)
“McAlpine argues that judicial review of the Secretary’s decision to deny his request for trust status is available both under the APA and 28 U.S.C. § 1353 , which provides federal court jurisdiction over civil actions relating to Indian allotments.”
Jachetta v. United States (2011)
“To the extent Ja-chetta identifies 28 U.S.C. § 1353 as yet another source of an alleged waiver of the government’s sovereign immunity, we need not analyze this source separately.”
Krause v. Neuman (1997)
“2d 1292 , and determined it was precluded by federal law, specifically 28 U.S.C. §§ 1353 and 1360, from exercising jurisdiction.”
Albert Pinkham, Sr. Cyrus Wilkinson Connie Allen Moore Francis Allen v. Lewiston Orchards Irrigation District, and Unite (1988)
“§ 345 and 28 U.S.C. § 1353 . Id. at 651 . We reasoned that section 345 was not limited to actions seeking to compel the issuance of an allotment in the first instance, but also served to protect the interests and rights of an Indian in his allotment after he acquired it.”
Irene Mitchell Pallin v. United States of America and Edward Elmer Mitchell, Jr. (1974)
“§ 345 4 and 28 U.S.C. § 1353 , 5 Irene brought the present suit against the United States and her brother 6 in the District Court for the Northern District of California claiming that she had been wrongfully denied her right to an allotment by the Government and that the…”
Pence v. Morton (1975)
“28 U.S.C. § 1353 (See 25 U.S. C. § 345) gives the district courts jurisdiction of any civil action involving the right of a person of Indian descent to an allotment of land under any Act of Congress or treaty.”
Seifert v. Udall (1968)
“2 The jurisdiction of the District Court, relative to Indian allotments, is mentioned in two sections of the code, 28 U.S.C. § 1353 , 62 Stat. 934 3 and 25 U.”
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