§ 677l. — Distribution to individual members of mixedblood group; preparation and approval of plan; assistance; provisions permitted in plan.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC677l]
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. 677l. Distribution to individual members of mixed-blood
group; preparation and approval of plan; assistance; provisions
permitted in plan
After the adoption of a plan for the division of the assets between
the two groups, a plan for distribution of the assets of the mixed-blood
group to the individual members thereof shall be prepared and ratified
by a majority of said group, within the period of six months from such
adoption and presented to the Secretary for approval. The Secretary is
authorized to provide such reasonable assistance, including necessary
technical service 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, as may be required by the mixed-blood group in the
preparation of such plan.
The plan for division of the assets among the members of the mixed-
blood group may include:
(1) Complete disposition of all cash assets of said group,
reserving, however, sufficient funds to cover--
(i) the proportionate share of said mixed-blood group in and
to all expenses incurred in effecting the purposes of this
subchapter, including, but not limited to, the necessary expense
incurred under this section and section 677m of this title;
(ii) the just and proportionate share of the mixed-bloods in
the expense incurred in the prosecution of the claims of the
tribe, or the bands thereof, against the United States; and
(iii) the determinable and estimated administrative costs
and expenses of any mixed-blood organization authorized by this
subchapter, including lawful and reasonable salaries and fees of
authorized agents, officers and employees of said mixed-blood
group.
(2) Partition of the lands of the mixed-blood group, excepting
all gas, oil, and mineral rights, to corporations, partnerships, or
other legal entities, and to trustees, and the individual members of
said groups, quality and quantity relatively considered, according
to the respective rights and interests of the parties, located so as
to embrace, as far as practicable, any improvements lawfully made by
the person or persons receiving such land. The value of the
improvements made, under a valid lease or assignment from the tribe,
shall be excluded from the valuation in making allotments to the
lessee or assignee, and the land must be valued without regard to
such improvements unless the lease or assignment, under which said
improvements were made, provided that such improvements should
become the property of the tribe. In the making of any partition due
consideration shall be given to all of the rights and interests of
the person or persons receiving the property, and all of the rights
and interests of the other members of the tribe. Two or more of the
members of said mixed-blood group may obtain their share of property
as tenants in common, as joint tenants, or in any other lawful
manner when such members agree among themselves as to the manner in
which they desire to receive such title. When it appears that an
equitable partition cannot be made among the members of said mixed-
blood group without prejudice to the rights and interests of some of
them, and yet a partition is directed by the group, the members of
said group may voluntarily determine compensation to be made by one
party to another on account of the inequity. In all cases where
equity is agreed upon by the members of said mixed-blood group, such
compensatory adjustment among the parties, according to the
principles of equity, must be approved by the Secretary. In the
event of a failure to agree upon an equitable compensatory
adjustment among the parties the Secretary shall make such
adjustment and his decision shall be final.
(3) Organization of corporations for the grazing of livestock,
handling of water and water rights, and the shares therein may be
issued to the members of said group in proportion to their interests
in the assets of such corporations. When, in the opinion of said
mixed-blood group, it is to the best interest of said group to
transfer a portion of the assets of said group to a corporation or
other legal entity for any purpose, the Secretary is authorized to
make such transfer.
(4) A transfer of assets to one or more trustees designated by
said group who shall hold title to all or any part of the property
of said group for management or liquidation purposes under terms and
conditions prescribed by said mixed-blood group. The Secretary is
authorized to make such transfer, and approve the trustees, and the
terms and conditions of the trust.
(5) Sale of any portion of the assets of said group subject to
the approval of the Secretary. In addition to the sales herein
otherwise authorized, authority is granted to the authorized
representatives of said group to sell any property of said group
when, in the opinion of the majority of said mixed-blood group, a
practicable partition cannot be made, or for any other reason it is
deemed to the best interests of the group, and the proceeds of such
sales shall be distributed equitably among the members of said
mixed-blood group; after deducting reasonable cost of sale and
distribution.
(Aug. 27, 1954, ch. 1009, Sec. 13, 68 Stat. 874.)
Section Referred to in Other Sections
This section is referred to in sections 677j, 677m of this title.
