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U.S. Code as of:
01/19/04
Section 696. Individual property
(a) Transfer of unrestricted control
The Secretary is authorized and directed to transfer within two
years after August 13, 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 tribes (including
allottees, purchasers, heirs, and devisees, either adult or minor)
are removed two years after August 13, 1954 and the patents or
deeds under which titles are then held shall pass the titles in fee
simple, subject to any valid encumbrance. The titles to all
interests in trust or restricted land acquired by members of the
tribes by devise or inheritance two years or more after August 13,
1954 shall vest in such members in fee simple, subject to any valid
encumbrance.
(c) Multiple land ownership; partition; sale; election to purchase;
unlocated owners
Prior to the time provided in subsection (d) (!1) 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 August 13, 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.
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