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U.S. Code as of:
01/19/04
Section 746. Individual property
(a) Transfer of unrestricted control
The Secretary is authorized and directed to transfer within two
years after September 1, 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 tribe (including allottees,
heirs, and devisees, either adult or minor) are removed two years
after September 1, 1954, and the patents or deeds under which
titles are then held shall pass the titles in fee simple, subject
to any valid encumbrance: Provided, That the provisions of this
subsection shall not apply to subsurface rights in such lands, and
the Secretary is directed to transfer such subsurface rights to one
or more trustees designated by him for management for a period not
less than 10 years. The title to all interests in trust or
restricted land acquired by members of the tribe by devise or
inheritance two years or more after September 1, 1954 shall vest in
such members in fee simple, subject to any valid encumbrance.
(c) Multiple land ownership; partition; sale; election to purchase;
unlocated owner
Prior to the time provided in subsection (b) 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 September 1, 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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