affiliated ute citizens argued october decided april ute partition act designed provide partition distribution tribe assets members termination federal supervision trust restricted property development program view toward terminating federal supervision addition cash land tribe owned oil gas mineral rights principally oil shale deposits underlying reservation unadjudicated unliquidated claims government act provided upon publication final membership rolls tribal business committee representing authorized representatives start dividing assets practicably distributed based upon relative number persons group plan prepared distributing assets individual members received distributive share federal restrictions removed except remaining interest tribal property assets practicably distributable jointly managed committee representatives act way selecting representatives organized affiliated ute citizens auc unincorporated association authorized statute created ute distribution udc manage jointly committee oil gas mineral rights unadjudicated unliquidated claims government part plan distributing assets individual udc issued shares stock name made agreement first security bank utah bank bank become udc stock transfer agent bank hold stock certificates issue receipts shareholders udc articles shareholder desiring dispose stock prior august give rights tribe members absent stock sale valid sale made nonmember member accepted offer price lower offered members udc certificates bear stamp revealing conditions along caveat certificates represent ordinary corporate shares stock future value determined stock retained shareholder benefit upon sale nonmember seller furnish affidavit reservation superintendent stating amount received federal trust relationship involving divided assets contemplated act terminated proclamation secretary interior effective august auc case auc acting members april sued pro rata distribution individual members mineral estate underlying reservation determination auc udc entitled manage property jointly committee jurisdiction asserted district granted government motion dismiss appeals affirmed reyos case february group selected bellwether plaintiffs initial trial purposes sued bank two bank employees gale haslem tort claims act charging violations securities exchange act sec rule prohibits device scheme artifice defraud connection securities transactions claimed violations involved plaintiffs sales udc shares made august district inter alia found sold shares udc stock nonmembers haslem buying shares august gale date plaintiffs sold shares gale buying haslem six whites bought shares period sold shares per share price range transfer whites gale haslem received various commissions services connection transfers udc stock nonmembers solicited contracts open purchases udc stock bank premises business hours prepared necessary affidavits papers using best informal procedures district concluded government reason know sales failed perform duty discourage prevent sales gale haslem devised scheme acquire others udc shares less fair value bank notice employees improper activities found defendants certain exceptions applicable government liable plaintiffs assessed damages using value udc stock times sales reached figure taking account oil shale deposits underlying reservation along gas coal minerals petitioners remaining interests indian claims commission award unadjudicated claims government specific prices udc share sales whites fact heavy selling pressure well informed stock potential value whites influence gale haslem improper activities selling prices opinion evidence worth per share factors measure damages seller held difference fair value udc shares time sale fair value seller received appeals reversed substantial part holding termination government owed petitioners duty connection udc stock sales gale haslem liable personally purchased shares accounts resale undisclosed principal higher price instances actions held ministerial bank liability extend beyond gale haslem district valuation udc stock held lack record support proper measure damages held profit made defendant resale absent resale prevailing market price time purchase plaintiffs petition certiorari covering auc case reyos case granted held auc case auc case properly dismissed want jurisdiction unconsented suit pp though government consented suits enforce indian right allotment land auc claimed interest mineral estate made subject allotment pp title inapplicable since provisions confer jurisdiction respect partition suits tenant common joint tenant situation udc auc entitled manage jointly oil gas mineral rights underlying reservation pp reyos case ute partition act termination proclamation ended federal supervision trust restricted property including udc shares right first refusal specified udc corporate articles created duty government part terminated seeking sell shares pp appeals correctly determined gale haslem violated rule making misstatements material fact namely prevailing market price udc shares figure purchases made erred holding violation rule unless record disclosed evidence reliance misrepresentations necessary facts withheld material sense reasonable investor might considered important making decision pp bank liability coextensive gale haslem correct measure damages securities exchange act difference fair value seller received stock received fraudulent conduct except defendant received seller actual loss case defendant profit amount damages pp district valuation per udc share adequate record support pp blackmun delivered opinion burger brennan stewart white marshall joined douglas filed opinion concurring part dissenting part post powell rehnquist took part consideration decision case parker nielson argued cause filed briefs petitioners raymond randolph argued cause pro hac vice brief brief securities exchange commission amicus curiae petitioner reyos solicitor general griswold assistant attorney general kashiwa edmund clark bradford cook walter north theodore sonde richard seltzer marvin bertoch argued cause respondents first security bank utah et filed brief first security bank utah richard clare cahoon filed brief respondent gale hardin whitney filed brief respondent haslem briefs amici curiae filed john boyden stephen boyden george morris ute indian tribe uintah ouray reservations et al arthur lazarus milton eisenberg association american indian affairs david getches wallace duncan native american rights fund justice blackmun delivered opinion two consolidated cases center ute indian supervision termination act august hereafter partition act stat amended stat stat securities exchange act stat amended emergence affiliated ute citizens state utah auc unincorporated association ute distribution udc utah corporation alleged victimization indian shareholders sales udc shares background section act called preparation rolls members members finality rolls section amended provided upon publication final rolls tribe shall thereafter consist exclusively members members shall interest therein except otherwise provided act section stated final membership rolls published tribal business committee representing authorized representatives commence division assets tribe susceptible equitable practicable distribution based upon relative number persons comprising final membership roll group upon adoption plan division prepare plan distribution group assets individual members act received distributive share directly whole part device corporation entity interest federal restrictions removed except remaining interest tribal property unadjudicated unliquidated claims gas oil mineral rights tribal assets susceptible equitable practicable distribution secretary interior issue proclamation declaring federal trust relationship individual terminated assets mineral estate excepted division plans managed jointly tribal business committee authorized representatives group section act authorized organize adopt constitution bylaws provide constitution selection authorized representatives power take action required act taken members group pursuant grant power organized auc unincorporated association auc constitution art empowered board directors delegate corporations organized accordance act powers authority may necessary desirable accomplishment objects purposes said corporations may organized udc incorporated stated purpose manage jointly tribal business committee members ute indian tribe unadjudicated unliquidated claims gas oil mineral rights every kind assets susceptible equitable practicable distribution members said tribe may hereafter become entitled receive proceeds therefrom distribute stockholders corporation formation udc part plan formulated distribution assets individual members group resolution adopted vote special meeting quorum present voting auc approved articles udc secretary also approved january auc directors unanimous vote irrevocably delegated authority udc indeed two utah corporations range company rock creek cattle range company see act accomplish purposes formed udc issued shares capital stock name ute total shares udc first security bank utah bank executed written agreement dated december bank became transfer agent udc stock udc apparently also decided time deliver certificates shares shareholders instead deposit bank bank issue receipts respective shareholders counsel advised bank rather unfavorable experiences indian service loss valuable instruments udc articles provided shareholder determined sell dispose udc stock time prior august within years date partition act first offer members tribe form approved secretary sale stock prior date valid unless offer made offer accepted member tribe sale nonmember made price lower offered members articles provided udc stock certificates stamped thereon prescribed legend referring sale conditions certificates issued bore legend addition certificate face red lettering warning certificate represent stock ordinary business corporation future value return determined stock sold encumbered owner retained preserved benefit shareholder family udc shareholders advised substance warning several occasions stock issued udc president testified many responded saying shares business pleased august secretary promulgated regulations setting forth procedure follow effecting sale stock outsider fed reg cfr prescribed sale stock essentially procedure required act disposal interest real property cfr seller first notified superintendent reservation price terms offer made cfr superintendent notified udc business committee tribe posted notices reservation cfr member accepted offer superintendent informed offeror free sell time within six months thereafter person greater price upon terms conditions upon offered members cfr upon sale nonmember seller furnished affidavit superintendent stating amount received superintendent prepared certificate stock first offered members sent certificate bank bank attached stock book termination proclamation contemplated act issued published secretary effective midnight august fed reg course purport terminate trust status undivided assets cf menominee tribe ii present litigation moved dismiss complaint want subject matter jurisdiction failure state claim district granted motion grounds tenth circuit affirmed reyos case february anita reyos sued bank two bank john gale verl haslem certain automobile dealers charging violations securities exchange act rule securities exchange commission subsequent amendment complaint added party defendant jurisdiction asserted parties selected bellwether plaintiffs among purposes initial trial plaintiffs sold udc shares various nonmembers including defendants gale haslem sales took place proclamation termination federal trust relationship district held bank two officer defendants liable damages plaintiffs also ruled possessed fulfill duty prevent sales thus federal tort claims act liable damages respect sales taken place august also ruled however liable respect sales date two plaintiffs found contributorily negligent determined fair value udc stock times plaintiffs sales per share damages two individuals bank fixed aggregate damages fixed aggregate judgment entered accordingly fed rule civ proc several defendants appealed plaintiffs whose cases tried tenth circuit reversed remanded petition auc plaintiffs granted certiorari cases importance issues indians whose federal supervision course termination iii auc case hereinabove noted auc litigation seeks two things outright distribution percentage mineral estate determination auc entitled participate management business committee dispute holds title land including mineral interest constituting uintah ouray reservation prior act members tribe beneficial owners mineral interest division interest one hand came reason act procedures set motion act extent therefore auc suit seeks distribution individual purports represent necessarily suit course may sued without consent sherwood principle applied actions possession conveyance real estate malone bowdoin applied indian lands title holds trust minnesota oregon hitchcock applied specifically suit indian beneficial interest land naganab hitchcock naganab therefore controls distribution aspect auc case unless consented sued consent claimed exists however allotment statute allotment term art indian law dept interior federal indian law means selection specific land awarded individual allottee common holding reynolds see act february stat amended section authorizes provides governmental consent actions allotment first moon white tail harkins ca preston see arenas although interest mineral estate auc seeks conveyed pro rata individual perhaps made subject allotment never subjected neither appurtenant allotment interest relates tribal land reservation remains tribal property act contemplates provides specifically interest therefore readily conclude application neither afford basis jurisdiction application partition suits tenant common joint tenant situation auc action therefore properly dismissed want jurisdiction auc prayer determination management rights deserves word ute partition act result proposals initiated tribe see tribe also drafted act respectively provided organization selection authorized representatives power take action act required taken group auc formed product organizational power constitution bylaws authorize delegation necessary desirable power authority corporations formed udc formed specifically manage mineral rights unadjudicated claims jointly business committee auc approved udc articles resolution delegated authority udc act accord articles steps taken pursuant partition act udc formation structure contemplated act auc created breathed life vigor udc within congress power waller tiger western investment udc legitimacy recognized anticipatory exemption federal income tax act august stat freeing shares mortgage levy attachment like long shares remained ownership original shareholder heirs legatees act september stat inclusion udc name entity receive trust fund resulting judgment favor confederated bands ute indians act august stat amended stat clearly udc auc entitled manage oil gas mineral rights committee iv reyos case claims center facts bank agreement udc transfer agent udc shares physical possession stock certificates specific legend caution warning bank possession shareholder possible contact awareness legend minimized bank handled documents implementing procedure contemplated sale shares compelled deal bank district made lengthy meticulously detailed findings fact challenged parties others challenged following conclude adequately supported record bank retained transfer agent udc attorney wrote bank advising udc directors formal minute instructed ask bank discourage sale stock ute distribution corporation stockholders emphasize stress said stockholders importance retaining said stock letter stated trust impress upon anyone desiring make transfer possible way determining true value stock bank maintained branch office roosevelt utah many resided area among things purpose facilitating assisting transfer udc stock defendants gale haslem bank assistant managers roosevelt also notaries public respect sales udc stock plaintiffs nonmembers tribe either gale haslem prepared notarized necessary transfer papers including signature guarantees affidavits sellers effect receiving less price shares offered members tribe procedure respect preparation execution affidavits informal best least one case affidavit signed blank another gale dissuaded seller reading affidavit signed affidavits accurately describe sales relate although state sales cash sellers actually received automobiles tangible property superintendent relied recitals affidavits preparing authenticating certificates transmitted bank transfer agent sold shares udc stock sold nonmembers tribe haslem purchased august gale purchased date shares haslem gale purchased constituted total sold two years plaintiffs sold shares gale purchased haslem purchased six paid cash shares purchased white men bought shares period udc stock sold prices ranging per share shares transferred whites however prices per share gale haslem possessed standing orders buyers seven outside state prospective purchasers maintained deposits bank purpose ready consummation transaction two men received various commissions gratuities services facilitating transfer udc stock gale supplied funds sales advances sellers haslem solicited contracts open purchases udc stock bank premises business hours connection bank sought individual accounts tribal members mails instrumentalities interstate commerce employed bank gale haslem connection transfer udc shares district concluded government reason know selling udc shares circumstances doubtful nature owed duty discourage prevent sales failure perform duty proximate cause sales gale haslem two men devised plan scheme acquire others shares udc violation duty make fair disclosure succeeded acquiring shares less fair value bank put upon notice improper activities employees gale haslem knowingly created apparent authority part responsible conduct liability joint several gale haslem district ruled defendants bank gale haslem liable plaintiffs transactions involving shares except government liable respect sale august respect sales made plaintiffs workman oran curry knowledge contributory negligence using value udc stock times sales judgments computed entered appeals reversed substantial part held duty part government petitioners connection sales udc stock continued termination form wardship federal trust relationship existed respect shares date thus damages tort claims act awarded gale haslem liable instances employee personally purchased shares account resale undisclosed principal higher price respect transactions two employees performed essentially ministerial functions related share transfers conduct sufficient incur liability remanded case issue damages bank violation duty may plaintiffs contract udc despite facts gale haslem active encouraging market udc stock bank may indirect benefit way increased deposits bank however liable extent gale haslem liable summary appeals decided reyos case favor large part favor bank held gale haslem personally liable bank also respect sales sales remanded case issue damages consider turn posture several defendants proclamation august contemplated act extent nature property permitted marked fulfillment purpose set forth act namely termination federal supervision trust restricted property stated specifically thereupon shall entitled services performed indians status indian broad reference obviously included shares udc although undivided interests turn held udc shared remained subject restrictions proclamation udc stock however free restriction federal termination complete sell shares wished pleased subject thereafter restrictions imposed udc articles remaining governmental authority shares without authority liability part failure restrain sale petitioners argument right first refusal created duty part government persuade us right respect udc stock provided corporation articles thus created udc corporation action respect imposed duty sure right undoubtedly patterned first refusal provided period respect real estate act secretary regulations made applicable right stock far practicable cfr parallel created obligation gale haslem section securities exchange act makes unlawful person directly indirectly employ connection purchase sale security manipulative deceptive device contrivance contravention rule commission may prescribe necessary appropriate public interest protection investors one rule prescribed rule declares connection purchase sale security shall unlawful person directly indirectly employ device scheme artifice defraud make untrue statement material fact omit state material fact statements made light circumstances misleading engage act practice course business operates operate fraud deceit upon person proscriptions statute rule broad repeated use word obviously meant inclusive said act companion legislative enactments embrace fundamental purpose substitute philosophy full disclosure philosophy caveat emptor thus achieve high standard business ethics securities industry sec capital gains research bureau case cited noted congress intended securities legislation enacted purpose avoiding frauds construed technically restrictively flexibly effectuate remedial purposes recently said superintendent insurance bankers life casualty light congressional philosophy purpose clearly emphasized conclude appeals viewed narrowly activities defendants gale haslem agree two men employer bank functioned merely transfer agent duty disclosure appeals observed record shows gale haslem active encouraging market udc stock among soliciting accepting standing orders bank result received increased deposits development market two men also received commissions gratuities expectant buyers men hence bank found entirely familiar prevailing market shares material times bank acknowledged letter auc january duty see transfers properly made respect sale shares bank acting individual stockholders sellers considered defendants familiar market shares stock relied upon desired sell shares clearly appeals right extent held two employees violated rule instances specified holding record reveals misstatements material fact within proscription rule namely prevailing market price udc shares figure purchases made conclude however appeals erred held violation rule unless record disclosed evidence reliance material fact misrepresentations gale haslem read rule restrictively sure second subparagraph rule specifies making untrue statement material fact omission state material fact first third subparagraphs restricted defendants activities outlined disclose within language one course business device scheme artifice operated fraud upon indian sellers superintendent insurance bankers life casualty supra defendants devised plan induced holders udc stock dispose shares without disclosing material facts reasonably expected influence decisions sell individual defendants distinct sense market makers personal purchases constituting sales sales activities produced possessed affirmative duty rule disclose fact sellers see chasins smith barney answer urge petitioners defendants may made positive representation recommendation defendants may stand mute facilitate sales seeking profit market defendants developed encouraged fully familiar sellers right know defendants position gain financially sales shares selling higher price market contrast act securities act circumstances case involving primarily failure disclose positive proof reliance prerequisite recovery necessary facts withheld material sense reasonable investor might considered important making decision see mills electric sec texas gulf sulphur cert denied sub nom coates sec loss securities regulation supp ed vol bromberg securities law fraud sec rule obligation disclose withholding material fact establish requisite element causation fact chasins smith barney gale haslem engaged ministerial functions acts clearly within reach rule acts performed obligated act behalf sellers bank liability bank course coextensive gale haslem damages view correct measure damages act difference fair value seller received fair value received fraudulent conduct see myzel fields cert denied except situation defendant received seller actual loss latter case damages amount defendant profit see janigan taylor cert denied district noted arrived value udc stock per share appeals concluded valuation substantiated record petitioners argue value neighborhood per share figure concededly dependent large part estimate ultimate worth oil shale agree district appeals figure unrealistic speculative hand reasonable inferences may drawn district trier fact record restricted actual sale prices market isolated thin one see generally bigelow rko radio pictures harry alter chrysler ames arriving figure district considered existence extensive oil shale deposits reservation possession deposits substantial present value great potential value presence gas coal minerals administrative cost deposit retained respect member tribe petitioner remaining interest award indian claims commission existence claims yet fully adjudicated specific prices udc shares sold white persons noted prices paid shares somewhat influenced improper activities gale haslem excess sellers buyers fact typical indian seller well informed potential value stock typical buyer fact indian seller heavy economic pressure sell opinion evidence worth excess per share fact portion depressant factors market attributable defendants hand noted market depressant factors attributable defendants tribe despite opportunity declined purchase udc shares prices ranging expressed belief problem determine ultimate worth undivided mineral interest underlying shares governed solely sale prices concluded preponderance evidence stock worth per share times petitioners respective sales light balance find agreement district disagreement appeals conclude district valuation sufficient support record judgment appeals auc case affirmed judgment appeals reyos case affirmed insofar concerns insofar concerns bank individual defendants judgment affirmed part reversed part hereinabove set forth case remanded proceedings costs allowed individual petitioners bank individual defendants ordered footnotes counsel petitioners advised us oral argument term slur offensive preferred description terminated utes tr oral arg section act however defines member tribe possesses degree ute indian blood total indian blood excess excepting become choice defines member tribe fall within class one becomes choice provision choice act inasmuch statute specifically employs terms feel compelled purposes consistency clarity slur offense whatsoever intended cash attributable primarily tribe share settlement judgment obtained confederated bands ute indians cl see act stat remaining awarded southern ute tribe final membership rolls published april fed reg rolls listed total ratio like right first refusal respect disposal interest real estate within years specified act transfer certificate time prior august person member ute indian tribe uintah ouray reservation utah defined public law congress approved august stat shall invalid unless certificate superintendent uintah ouray reservation endorsed thereon showing prior proper offer made members said tribe accordance law regulations secretary interior warning certificate represent stock ordinary business corporation corporation organized purpose distributing stockholders future respective shares proceeds income claims assets members utah indian tribe uintah ouray reservation utah interest provisions public law congress approved august stat amended future value return stock determined stock certificate neither sold encumbered owner thereof retained preserved benefit stockholder stockholder family figure appears misstated complaint error carried forward respective opinions district appeals dealers settled actions dismissed title reads persons whole part indian blood descent entitled allotment land claim unlawfully denied excluded allotment may commence prosecute action relation right thereto proper district said district courts given jurisdiction try determine action involving right person whole part indian blood descent allotment land law treaty said suit parties thereto shall claimant plaintiff party defendant sec shall unlawful person directly indirectly use means instrumentality interstate commerce mails facility national securities exchange use employ connection purchase sale security registered national securities exchange security registered manipulative deceptive device contrivance contravention rules regulations commission may prescribe necessary appropriate public interest protection investors rule cfr shall unlawful person directly indirectly use means instrumentality interstate commerce mails facility national securities exchange employ device scheme artifice defraud make untrue statement material fact omit state material fact necessary order make statements made light circumstances made misleading engage act practice course business operates operate fraud deceit upon person connection purchase sale security july gale bought five shares glen reed per share sold august per share august three separate transactions purchased five shares letha harris wopsock sold three higher price record silent whether sold two price excess cost august haslem bought five shares reed resold immediately november purchased one share joseph arthur workman transferred workman share brother record indicate haslem transfer prices securities act stat amended et seq public utility holding company act stat amended et seq trust indenture act stat amended et seq investment company act stat amended et seq liability course predicated broker dealer concept act bank excluded respective definitions terms justice douglas concurring part dissenting part join opinion judgment individual corporate respondents go however also hold waived sovereign immunity petitioners claims petitioners unincorporated association utes individuals group sought damages district fraudulent securities transactions negligence agents federal government deprivation statutory rights granted congress district awarded damages first two claims dismissed third want jurisdiction failure state claim appeals reversed two damage awards affirmed dismissal third action ute indian supervision termination act congress sought provide partition distribution assets ute indian tribe uintah ouray reservation utah members thereof termination federal supervision trust restricted property members said tribe development program members thereof assist preparing termination federal supervision property essential provision proposed legislation division two groups basis relative numbers tribal assets except oil gas mineral rights unadjudicated claims undivided assets continue owned administered jointly two groups responsibility making division indians fail agree within months rolls completed secretary interior authorized make division emphasis added involved mineral estate reservation lands gas oil mineral rights susceptible equitable practicable distribution among individual indians managed jointly tribal business committee utes authorized representatives group benefits shared proportionately according relative numbers group final membership rolls ibid congress set forth explicit procedure selection authorized representatives utes tribal business committee managerial powers mineral estate reservation central selection requirement majority vote adult members tribe special election authorized called secretary interior petitioner affiliated ute citizens created procedure april two years later ute distribution formed lies root present litigation ute distribution chartered according guidelines mandated congress rather following requirement majority vote members created five board members affiliated ute approval articles incorporation vote far short majority utes required incorporation shares stock issued utes despite flaws ute distribution formation bureau indian affairs treated affiliated ute citizens authorized representative payments mineral rights thus made ute distribution turn passed shareholders dividends bureau indian affairs viewed transfer mineral interests ute distribution one authorized representative cf restrictions transfer individual property removed federal trust relationship purportedly terminated fed reg upon basis courts held individual utes affiliated utes longer cognizable interests mineral estate reservation even federal trust relationship terminated individual property interests follow trust relationship also terminated group interest mineral rights continued owe significant obligations duties regard mineral interests see see berger indian mineral interest potential economic advancement rev obtain enjoyment statutory benefits redress injury petitioners brought action waiver sovereign immunity claims relating land allotments first appeared amendment indian appropriations act stat amended persons whole part indian blood descent entitled allotment land law congress claim unlawfully denied excluded allotment parcel land claim lawfully entitled virtue act congress may commence prosecute defend action suit proceeding relation right thereto proper district affiliated ute citizens argued asserted right portion mineral estate reservation allotment parcel land unlawfully denied therefore able bring action see pierce gerard courts rejected view appeals saying section statute obviously intended provide relief indians entitled possession allotments similar interests cases statutory law ascribed word allotment well recognized meaning nature interest sought protected secured resemble described statute government dealings indians rule exactly contrary construction instead strict liberal doubtful expressions instead resolved favor resolved favor weak defenseless people wards nation dependent wholly upon protection good faith rule construction recognized without exception hundred years choate trapp waiver sovereign immunity limited solicitor general courts suggest act codified plainly intended give indians means enforcing rights governmental grants interests realty sure section enacted era grants usually took form individual possessory interests realty gilbert taylor indian land questions rev prevent remedial section applying new forms interests mineral rights forms property plain language suggest contrary result speaks allotment parcel land certainly modern conventional way allotting mineral rights fractional interests created contracts stock interests corporations allotments transferred congress waived sovereign immunity claims relating fee interests realty surely intended formal requirements art conveyancy destroy waiver immunity lesser interests realty particularly lesser interest seems granted error bureau indian affairs limited retention sovereign immunity ute termination act supports petitioners claims title provides partition tribal assets shall give rise cause action committee reports statute indicate mineral interests subject partition word used act sess thus failure congress extend sovereign immunity unpartitioned mineral interests issue strongly suggests immunity waived claims moreover immunity provision act applies consent authorized representatives group necessarily absent defect creation ute distribution similar argument made pierce contends jurisdictional prerequisite action existence specific allotment selection unlawfully denied secretary interior rejected argument saying based upon unreasonable limitation purpose statute went sustain indians claims income land first moon white tail relied upon solicitor general contrary dealt transfer property occasioned indian death transfers removed scope entrusted exclusive cognizance secretary interior act june stat scholder example noted section limited actions seeking compel issuance allotment first instance serves also protect interests rights indian allotment patent acquired held challenges liens placed upon indian lands fell within jurisdictional scope certainly divestiture interests lands alleged entitled lesser degree protection imposition lien section also requires property interest one derived law congress virtue act congress naganab hitchcock oregon hitchcock present case rights asserted derived ute indian supervision termination act