25-U.S.C.-677O
§677O – §677O. Termination of Restrictions On Individually Owned Property of The Mixed-Blood Group
Pathway
Title 25 > Chapter 14 > Subchapter XXVIII > Section 677o
Details
- Reference: Section 677o
- Legend: §677O – §677O. Termination of Restrictions On Individually Owned Property of The Mixed-Blood Group
- USCode Year: 2013
Provision Content
(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, §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.
U.S. Encyclopedia of Law Coverage
25-U.S.C.-675 in the Legal Encyclopedia: Indians
In this entry about 25-U.S.C.-675, find legal reference material, bibliographies and premiere content related to indians in the American Encyclopedia of Law, presenting a comprehensive view of the United States indians-specific issues, written by authorities in the field.
25-U.S.C.-677K in the Legal Encyclopedia: Utah
In this entry about 25-U.S.C.-677K, find legal reference material, bibliographies and premiere content related to utah in the American Encyclopedia of Law, presenting a comprehensive view of the United States utah-specific issues, written by authorities in the field.
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