|
U.S. Code as of:
01/19/04
Section 745. Tribal property
(a) Procedure for transfer; compensation of agents or attorneys
The Secretary shall, within six months after the publication of
each final membership roll, notify the tribe of the period of time
during which the tribe may study means of disposition of tribal
property, real and personal, under supervision of the United
States. Such period shall not be less than three months and not
more than two years, including any authorized extension of the
original periods. The Secretary is authorized to provide such
reasonable assistance as may be requested by the tribe in the
formulation of a plan for the disposition or future control and
management of the property, including necessary consultations with
representatives of Federal departments and agencies, officials of
the State of Utah and political subdivisions thereof, and members
of the tribe. During such period, the tribe may elect -
(1) to apply to the Secretary for the transfer to a corporation
or other legal entity organized by the tribe in a form
satisfactory to the Secretary of title to all or any part of the
tribal property, and the Secretary is authorized to make such
transfer: Provided, That the Secretary of the Interior shall not
approve any form of organization that provides for the transfer
of stock or an undivided share in corporate assets as
compensation for services of agents or attorneys unless such
transfer is based upon an appraisal of tribal assets that is
satisfactory to the Secretary;
(2) to apply to the Secretary for the transfer to one or more
trustees designated by the tribe of title to all or any part of
the tribal property, real and personal, the title to be held by
such trustee for management or liquidation purposes under terms
and conditions prescribed by the tribe, and the Secretary is
authorized to make such transfer if he approves the trustees and
the terms and conditions of the trust;
(3) to apply to the Secretary for the sale of all or any part
of the tribal property, and for the pro rata distribution among
the members of the tribe of all or any part of the proceeds of
sale or of any other tribal funds, and the Secretary is
authorized and directed to sell such property upon such terms and
conditions as he deems proper and to make such distribution among
the members of the tribe after deducting, in his discretion,
reasonable costs of sale and distribution; and
(4) to apply to the Secretary for a division of all or any part
of the tribal land into parcels for members and for public
purposes, together with a general plan for the subdivision
showing the approximate size, location, and number of parcels,
and the Secretary is authorized to issue patents for that
purpose.
(b) Property not transferred in accordance with recognized
procedure
Title to any tribal property that is not transferred in
accordance with the provisions of subsection (a) of this section
shall be transferred by the Secretary either to all members of the
tribe as tenants in common or to one or more trustees designated by
him for the liquidation and distribution of assets among the
members of the tribe under such terms and conditions as the
Secretary may prescribe: Provided, That the trust agreement shall
provide for the termination of the trust not more than three years
from the date of such transfer unless the term of the trust is
extended by order of a judge of a court of record designated in the
trust agreement.
(c) Selection of trustees; approval by Secretary; election to
retain property
When approving or disapproving the selection of trustees in
accordance with the provisions of subsection (a) of this section,
and when designating trustees pursuant to subsection (b) of this
section, the Secretary shall give due regard to the laws of the
State of Utah that relate to the selection of trustees: Provided
further, That the trust agreement shall provide that at any time
before the sale of tribal property by the trustees the tribe may
notify the trustees that it elects to retain such property and to
transfer title thereto to a corporation, other legal entity, or
trustee in accordance with the provisions of paragraphs (1) and (2)
of subsection (a) of this section, and that the trustees shall
transfer title to such property in accordance with the notice from
the tribe if it is approved by the Secretary.
(d) Reservation of subsurface rights
Notwithstanding any other provision of this section, the
Secretary is directed to reserve subsurface rights in tribal
property from any sale or division of such property, and to require
any trustee or trustees to whom title to tribal property is
transferred to retain title to the subsurface rights in such
property for not less than 10 years.
|
|