§ 745. — Tribal property.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC745]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XXXII--PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL
SUPERVISION
Sec. 745. Tribal property
(a) Procedure for transfer; compensation of agents or attorneys
The Secretary shall, within six months after the publication of each
final membership roll, notify the tribe of the period of time during
which the tribe may study means of disposition of tribal property, real
and personal, under supervision of the United States. Such period shall
not be less than three months and not more than two years, including any
authorized extension of the original periods. The Secretary is
authorized to provide such reasonable assistance as may be requested by
the tribe in the formulation of a plan for the disposition or future
control and management of the property, including necessary
consultations with representatives of Federal departments and agencies,
officials of the State of Utah and political subdivisions thereof, and
members of the tribe. During such period, the tribe may elect--
(1) to apply to the Secretary for the transfer to a corporation
or other legal entity organized by the tribe in a form satisfactory
to the Secretary of title to all or any part of the tribal property,
and the Secretary is authorized to make such transfer: Provided,
That the Secretary of the Interior shall not approve any form of
organization that provides for the transfer of stock or an undivided
share in corporate assets as compensation for services of agents or
attorneys unless such transfer is based upon an appraisal of tribal
assets that is satisfactory to the Secretary;
(2) to apply to the Secretary for the transfer to one or more
trustees designated by the tribe of title to all or any part of the
tribal property, real and personal, the title to be held by such
trustee for management or liquidation purposes under terms and
conditions prescribed by the tribe, and the Secretary is authorized
to make such transfer if he approves the trustees and the terms and
conditions of the trust;
(3) to apply to the Secretary for the sale of all or any part of
the tribal property, and for the pro rata distribution among the
members of the tribe of all or any part of the proceeds of sale or
of any other tribal funds, and the Secretary is authorized and
directed to sell such property upon such terms and conditions as he
deems proper and to make such distribution among the members of the
tribe after deducting, in his discretion, reasonable costs of sale
and distribution; and
(4) to apply to the Secretary for a division of all or any part
of the tribal land into parcels for members and for public purposes,
together with a general plan for the subdivision showing the
approximate size, location, and number of parcels, and the Secretary
is authorized to issue patents for that purpose.
(b) Property not transferred in accordance with recognized procedure
Title to any tribal property that is not transferred in accordance
with the provisions of subsection (a) of this section shall be
transferred by the Secretary either to all members of the tribe as
tenants in common or to one or more trustees designated by him for the
liquidation and distribution of assets among the members of the tribe
under such terms and conditions as the Secretary may prescribe:
Provided, That the trust agreement shall provide for the termination of
the trust not more than three years from the date of such transfer
unless the term of the trust is extended by order of a judge of a court
of record designated in the trust agreement.
(c) Selection of trustees; approval by Secretary; election to retain
property
When approving or disapproving the selection of trustees in
accordance with the provisions of subsection (a) of this section, and
when designating trustees pursuant to subsection (b) of this section,
the Secretary shall give due regard to the laws of the State of Utah
that relate to the selection of trustees: Provided further, That the
trust agreement shall provide that at any time before the sale of tribal
property by the trustees the tribe may notify the trustees that it
elects to retain such property and to transfer title thereto to a
corporation, other legal entity, or trustee in accordance with the
provisions of paragraphs (1) and (2) of subsection (a) of this section,
and that the trustees shall transfer title to such property in
accordance with the notice from the tribe if it is approved by the
Secretary.
(d) Reservation of subsurface rights
Notwithstanding any other provision of this section, the Secretary
is directed to reserve subsurface rights in tribal property from any
sale or division of such property, and to require any trustee or
trustees to whom title to tribal property is transferred to retain title
to the subsurface rights in such property for not less than 10 years.
(Sept. 1, 1954, ch. 1207, Sec. 5, 68 Stat. 1100.)
Discontinuance of Irrigation Works; Transfer of Title
Section 22 of act Sept. 1, 1954, provided that not later than two
years after Sept. 1, 1954, the management and operation of irrigation
works for Indian lands of the tribe by the Bureau of Indian Affairs was
to be discontinued, and that, upon such discontinuance, the Secretary
was to cancel the unpaid irrigation operation and maintenance
assessments and reimbursable irrigation construction charges against
such lands and transfer the title to such irrigation works to water
users, water user's associations organized for such purpose, or to
corporations organized, or trustees designated, as provided in this
section.
Section Referred to in Other Sections
This section is referred to in section 744 of this title.
