§ 677i. — Division of assets; basis; prior alienation or encumbrance; partition by Secretary upon nonagreement; assistance; management of claims and rights; division of net proceeds; applicability of usual processes of the law to originally owned stock of corporate representative and to corporate distributions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC677i]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XXVIII--UTE INDIANS OF UTAH: DISTRIBUTION OF ASSETS BETWEEN
MIXED-BLOOD AND FULL-BLOOD MEMBERS; TERMINATION OF FEDERAL SUPERVISION
OVER PROPERTY OF MIXED-BLOOD MEMBERS
Sec. 677i. Division of assets; basis; prior alienation or
encumbrance; partition by Secretary upon nonagreement;
assistance; management of claims and rights; division of net
proceeds; applicability of usual processes of the law to
originally owned stock of corporate representative and to
corporate distributions
The tribal business committee representing the full-blood group, and
the authorized representatives of the mixed-blood group, within sixty
days after the publication of the final membership roll, as provided in
section 677g of this title, shall commence a division of the assets of
the tribe that are then susceptible to equitable and practicable
distribution. Such division shall be by agreement between them subject
to the approval of the Secretary. Said division shall be based upon the
relative number of persons comprising the final membership roll of each
group. After such division the rights or beneficial interests in tribal
property of each mixed-blood person whose name appears on the roll shall
constitute an undivided interest in and to such property which may be
inherited or bequeathed, but shall be subject to alienation or
encumbrance before the transfer of title to such tribal property only as
provided herein. Any contract made in violation of this section shall be
null and void. If said groups are unable to agree upon said division
within a period of twelve months from the date of such commencement, or
any authorized extension of said period granted within the discretion of
the Secretary, the Secretary is authorized to partition the assets of
the tribe in such manner as in his opinion will be equitable and fair to
both groups. Such partition shall give rise to no cause of action
against the United States and the costs of such partition shall be paid
by the tribe. The Secretary is authorized to provide such reasonable
assistance as may be requested by both groups, or by either group, in
formulation and execution of a plan for the division of said assets,
including necessary technical services of Government employees at Fort
Duchesne, Utah, and arranging for necessary consultations with
representatives of Federal departments and agencies, officials of the
State of Utah, and political subdivisions thereof, and members of the
tribe. All unadjudicated or unliquidated claims against the United
States, all gas, oil, and mineral rights of every kind, and all other
assets not susceptible to equitable and practicable distribution shall
be managed jointly by the Tribal Business Committee and the authorized
representatives of the mixed-blood group, subject to such supervision by
the Secretary as is otherwise required by law, and the net proceeds
therefrom after deducting the costs chargeable to such management shall
first be divided between the full-blood and mixed-blood groups in direct
proportion to the number of persons comprising the final membership roll
of each group and without regard to the number of persons comprising
each group at the time of the division of such proceeds.
The stock of any corporation organized by the mixed-blood group for
the purpose of empowering the officers of such corporation to act as the
authorized representatives of said mixed-blood group in the joint
management with the tribe and in the distribution and \1\ unadjudicated
or unliquidated claims against the United States, all gas, oil, and
mineral rights of every kind, and all other assets not susceptible to
equitable and practicable distribution shall not be subject to mortgage,
pledge, hypothecation, levy, execution, attachment or other similar
process, while such stock remains in the ownership of the original
stockholder or his heirs or legatees, but the interest of stockholders
in any distribution by such corporation shall be subject to the usual
processes of the law.
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\1\ So in original. Probably should be ``of''.
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(Aug. 27, 1954, ch. 1009, Sec. 10, 68 Stat. 873; Pub. L. 87-698, Sept.
25, 1962, 76 Stat. 597.)
References in Text
Herein, referred to in text, means act Aug. 27, 1954, ch. 1009, 68
Stat. 868, which comprises this subchapter. For complete classification
of this Act to the Code, see Tables.
Amendments
1962--Pub. L. 87-698 inserted last paragraph providing that
originally owned stock of corporate representative should not be subject
to the usual processes of the law but that corporate distributions
should be subject to them.
Section Referred to in Other Sections
This section is referred to in sections 677m, 677o of this title.
