§ 677o. — Termination of restrictions on individually owned property of the mixedblood group.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC677o]
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. 677o. Termination of restrictions on individually owned
property of the mixed-blood group
(a) Transfer of control of trust property; removal of sales restrictions
When any mixed-blood member of the tribe has received his
distributive share of the tribal assets distributed to the mixed-blood
group under the provisions of section 677i of this title, whether such
distribution is made in part or in whole to a corporation, partnership,
or trusteeship in which he is interested, or otherwise, the Secretary is
authorized and directed to immediately transfer to him unrestricted
control of all other property held in trust for such mixed-blood member
by the United States, and shall further remove all restrictions on the
sale or encumbrance of trust or restricted property owned by such member
of the tribe, and Federal supervision of such member and his property
shall thereby be terminated, except as to his remaining interest in
tribal property in the form of any unadjudicated or unliquidated claims
against the United States, all gas, oil, and mineral rights of every
kind, and all other tribal assets not susceptible to equitable and
practicable distribution, all of which shall remain subject to the terms
of this subchapter, notwithstanding anything contained herein to the
contrary.
(b) Partition or sale by Secretary prior to removal of restrictions
Prior to the removal of restrictions in accordance with the
provisions of subsection (a) of this section on land owned by more than
one person, the Secretary may--
(1) upon request of any of the owners, partition the land and
issue to each owner an unrestricted patent or deed for his
individual share, unless such owner is a full-blood member of the
tribe or other Indian who owns trust or restricted property, in
which event a trust patent or restricted deed shall be issued and
such trust may be terminated or such restrictions may be removed
when the Secretary determines that the need therefor no longer
exists;
(2) upon request of any of the owners and a finding by the
Secretary that partition of all or any part of the land is not
practicable, cause all or any part of the land to be sold at not
less than the appraised value thereof and distribute the proceeds of
sale to the owners: Provided, That before a sale any one or more of
the owners may elect to purchase the other interests in the land, or
the tribe may elect to purchase the entire interest in the land, at
not less than the appraised value thereof.
(Aug. 27, 1954, ch. 1009, Sec. 16, 68 Stat. 876.)
References in Text
Herein, referred to in subsec. (a), 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.
Section Referred to in Other Sections
This section is referred to in section 677f of this title.
