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U.S. Code as of:
01/19/04
Section 677l. Distribution to individual members of mixed-blood group; preparation and approval of plan; assistance; provisions permitted in plan
After the adoption of a plan for the division of the assets
between the two groups, a plan for distribution of the assets of
the mixed-blood group to the individual members thereof shall be
prepared and ratified by a majority of said group, within the
period of six months from such adoption and presented to the
Secretary for approval. The Secretary is authorized to provide such
reasonable assistance, including necessary technical service 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, as may be required by the mixed-blood group
in the preparation of such plan.
The plan for division of the assets among the members of the
mixed-blood group may include:
(1) Complete disposition of all cash assets of said group,
reserving, however, sufficient funds to cover -
(i) the proportionate share of said mixed-blood group in and
to all expenses incurred in effecting the purposes of this
subchapter, including, but not limited to, the necessary
expense incurred under this section and section 677m of this
title;
(ii) the just and proportionate share of the mixed-bloods in
the expense incurred in the prosecution of the claims of the
tribe, or the bands thereof, against the United States; and
(iii) the determinable and estimated administrative costs and
expenses of any mixed-blood organization authorized by this
subchapter, including lawful and reasonable salaries and fees
of authorized agents, officers and employees of said
mixed-blood group.
(2) Partition of the lands of the mixed-blood group, excepting
all gas, oil, and mineral rights, to corporations, partnerships,
or other legal entities, and to trustees, and the individual
members of said groups, quality and quantity relatively
considered, according to the respective rights and interests of
the parties, located so as to embrace, as far as practicable, any
improvements lawfully made by the person or persons receiving
such land. The value of the improvements made, under a valid
lease or assignment from the tribe, shall be excluded from the
valuation in making allotments to the lessee or assignee, and the
land must be valued without regard to such improvements unless
the lease or assignment, under which said improvements were made,
provided that such improvements should become the property of the
tribe. In the making of any partition due consideration shall be
given to all of the rights and interests of the person or persons
receiving the property, and all of the rights and interests of
the other members of the tribe. Two or more of the members of
said mixed-blood group may obtain their share of property as
tenants in common, as joint tenants, or in any other lawful
manner when such members agree among themselves as to the manner
in which they desire to receive such title. When it appears that
an equitable partition cannot be made among the members of said
mixed-blood group without prejudice to the rights and interests
of some of them, and yet a partition is directed by the group,
the members of said group may voluntarily determine compensation
to be made by one party to another on account of the inequity. In
all cases where equity is agreed upon by the members of said
mixed-blood group, such compensatory adjustment among the
parties, according to the principles of equity, must be approved
by the Secretary. In the event of a failure to agree upon an
equitable compensatory adjustment among the parties the Secretary
shall make such adjustment and his decision shall be final.
(3) Organization of corporations for the grazing of livestock,
handling of water and water rights, and the shares therein may be
issued to the members of said group in proportion to their
interests in the assets of such corporations. When, in the
opinion of said mixed-blood group, it is to the best interest of
said group to transfer a portion of the assets of said group to a
corporation or other legal entity for any purpose, the Secretary
is authorized to make such transfer.
(4) A transfer of assets to one or more trustees designated by
said group who shall hold title to all or any part of the
property of said group for management or liquidation purposes
under terms and conditions prescribed by said mixed-blood group.
The Secretary is authorized to make such transfer, and approve
the trustees, and the terms and conditions of the trust.
(5) Sale of any portion of the assets of said group subject to
the approval of the Secretary. In addition to the sales herein
otherwise authorized, authority is granted to the authorized
representatives of said group to sell any property of said group
when, in the opinion of the majority of said mixed-blood group, a
practicable partition cannot be made, or for any other reason it
is deemed to the best interests of the group, and the proceeds of
such sales shall be distributed equitably among the members of
said mixed-blood group; after deducting reasonable cost of sale
and distribution.
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