§ 746. — Individual 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: 25USC746]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XXXII--PAIUTE INDIANS OF UTAH: TERMINATION OF FEDERAL
SUPERVISION
Sec. 746. Individual property
(a) Transfer of unrestricted control
The Secretary is authorized and directed to transfer within two
years after September 1, 1954 to each member of each tribe unrestricted
control of funds or other personal property held in trust for such
member by the United States.
(b) Removal of restrictions on sales or encumbrances; fee simple title
All restrictions on the sale or encumbrance of trust or restricted
land owned by members of the tribe (including allottees, heirs, and
devisees, either adult or minor) are removed two years after September
1, 1954, and the patents or deeds under which titles are then held shall
pass the titles in fee simple, subject to any valid encumbrance:
Provided, That the provisions of this subsection shall not apply to
subsurface rights in such lands, and the Secretary is directed to
transfer such subsurface rights to one or more trustees designated by
him for management for a period not less than 10 years. The title to all
interests in trust or restricted land acquired by members of the tribe
by devise or inheritance two years or more after September 1, 1954 shall
vest in such members in fee simple, subject to any valid encumbrance.
(c) Multiple land ownership; partition; sale; election to purchase;
unlocated owner
Prior to the time provided in subsection (b) of this section for the
removal of restrictions on land owned by more than one member of a
tribe, the Secretary may--
(1) upon request of any of the owners, partition the land and
issue to each owner a patent or deed for his individual share that
shall become unrestricted two years from September 1, 1954;
(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 any one or more of the owners may
elect before a sale to purchase the other interests in the land at
not less than the appraised value thereof, and the purchaser shall
receive an unrestricted patent or deed to the land; and
(3) if the whereabouts of none of the owners can be ascertained,
cause such lands to be sold and deposit the proceeds of sale in the
Treasury of the United States for safekeeping.
(Sept. 1, 1954, ch. 1207, Sec. 6, 68 Stat. 1101.)
