Page 277 TITLE 25—INDIANS § 677o

(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.

(Aug. 27, 1954, ch. 1009, §13, 68 Stat. 874.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 677j, 677m of

this title.

§ 677m. Procedure by Secretary if distribution

not completed within seven years from August 27, 1954

In the event all the tribal assets, susceptible

to equitable and practicable distribution, distributed to the mixed-blood group under the provisions of section 677i of this title, are not, within seven years from August 27, 1954, distributed

to the individual mixed-blood members as contemplated in the plan to be adopted in accordance with the provisions of section 677l of this

title, so as to effectively terminate Federal supervision over said assets, then the Secretary

shall proceed to make such distribution in a

manner, in his discretion, deemed fair and equitable to all members of said group, or convey

such assets to a trustee for liquidation and distribution of the net proceeds, or convey such assets to the persons entitled thereto as tenants in

common.

(Aug. 27, 1954, ch. 1009, §14, 68 Stat. 875.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 677l of this title.

§ 677n. Disposal by mixed-blood members of their

individual interests in tribal assets; requisites and conditions

Any member of the mixed-blood group may

dispose of his interest in the tribal assets prior

to termination of Federal supervision, subject to

the approval of the Secretary. In the event a

member of the mixed-blood group determines to

dispose of his interest in any of said real property at any time within ten years from August

27, 1954, he shall first offer it to the members of

the tribe, and no sale of any interest, prior to

termination of Federal supervision, shall be authorized without such offer to said members of

the tribe in such form as may be approved by

the Secretary. After termination of Federal supervision the requirement of such offer, in form

to be approved by the Secretary, shall be a covenant to run with the land for said ten-year period, and shall be expressly provided in any patent or deed issued prior to the expiration of said

period.

(Aug. 27, 1954, ch. 1009, §15, 68 Stat. 876.)

§ 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 mixedblood 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.

(Aug. 27, 1954, ch. 1009, §16, 68 Stat. 876.)

REFERENCES IN TEXT

Herein, referred to in subsec. (a), means act Aug. 27,

1954, ch. 1009, 68 Stat. 868, which comprises this subchapter. For complete classification of this Act to the

Code, see Tables.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 677f of this title.