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U.S. Code as of:
01/19/04
Section 677o. Termination of restrictions on individually owned property of the mixed-blood group
(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.
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