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U.S. Code as of:
01/19/04
Section 677i. Division of assets; basis; prior alienation or encumbrance; partition by Secretary upon nonagreement; assistance; management of claims and rights; division of net proceeds; applicability of usual processes of the law to originally owned stock of corporate representative and to corporate distributions
The tribal business committee representing the full-blood group,
and the authorized representatives of the mixed-blood group, within
sixty days after the publication of the final membership roll, as
provided in section 677g of this title, shall commence a division
of the assets of the tribe that are then susceptible to equitable
and practicable distribution. Such division shall be by agreement
between them subject to the approval of the Secretary. Said
division shall be based upon the relative number of persons
comprising the final membership roll of each group. After such
division the rights or beneficial interests in tribal property of
each mixed-blood person whose name appears on the roll shall
constitute an undivided interest in and to such property which may
be inherited or bequeathed, but shall be subject to alienation or
encumbrance before the transfer of title to such tribal property
only as provided herein. Any contract made in violation of this
section shall be null and void. If said groups are unable to agree
upon said division within a period of twelve months from the date
of such commencement, or any authorized extension of said period
granted within the discretion of the Secretary, the Secretary is
authorized to partition the assets of the tribe in such manner as
in his opinion will be equitable and fair to both groups. Such
partition shall give rise to no cause of action against the United
States and the costs of such partition shall be paid by the tribe.
The Secretary is authorized to provide such reasonable assistance
as may be requested by both groups, or by either group, in
formulation and execution of a plan for the division of said
assets, including necessary technical services 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, and members of the tribe. All unadjudicated
or unliquidated claims against the United States, all gas, oil, and
mineral rights of every kind, and all other assets not susceptible
to equitable and practicable distribution shall be managed jointly
by the Tribal Business Committee and the authorized representatives
of the mixed-blood group, subject to such supervision by the
Secretary as is otherwise required by law, and the net proceeds
therefrom after deducting the costs chargeable to such management
shall first be divided between the full-blood and mixed-blood
groups in direct proportion to the number of persons comprising the
final membership roll of each group and without regard to the
number of persons comprising each group at the time of the division
of such proceeds.
The stock of any corporation organized by the mixed-blood group
for the purpose of empowering the officers of such corporation to
act as the authorized representatives of said mixed-blood group in
the joint management with the tribe and in the distribution and
(!1) unadjudicated or unliquidated claims against the United
States, all gas, oil, and mineral rights of every kind, and all
other assets not susceptible to equitable and practicable
distribution shall not be subject to mortgage, pledge,
hypothecation, levy, execution, attachment or other similar
process, while such stock remains in the ownership of the original
stockholder or his heirs or legatees, but the interest of
stockholders in any distribution by such corporation shall be
subject to the usual processes of the law.
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