Page 275 TITLE 25—INDIANS § 677j

1So in original. Probably should be ‘‘of’’.

thereof under such terms and conditions as may

be agreed upon by the said tribal business committee and said authorized representatives with

the assignees, subject, however, to the approval

of the Secretary.

(Aug. 27, 1954, ch. 1009, §9, 68 Stat. 869.)

§ 677i. Division of assets; basis; prior alienation

or encumbrance; partition by Secretary upon

nonagreement; assistance; management of

claims and rights; division of net proceeds;

applicability of usual processes of the law to

originally owned stock of corporate representative and to corporate distributions

The tribal business committee representing

the full-blood group, and the authorized representatives of the mixed-blood group, within

sixty days after the publication of the final

membership roll, as provided in section 677g of

this title, shall commence a division of the assets of the tribe that are then susceptible to

equitable and practicable distribution. Such division shall be by agreement between them subject to the approval of the Secretary. Said division shall be based upon the relative number of

persons comprising the final membership roll of

each group. After such division the rights or

beneficial interests in tribal property of each

mixed-blood person whose name appears on the

roll shall constitute an undivided interest in and

to such property which may be inherited or bequeathed, but shall be subject to alienation or

encumbrance before the transfer of title to such

tribal property only as provided herein. Any

contract made in violation of this section shall

be null and void. If said groups are unable to

agree upon said division within a period of

twelve months from the date of such commencement, or any authorized extension of said period

granted within the discretion of the Secretary,

the Secretary is authorized to partition the assets of the tribe in such manner as in his opinion

will be equitable and fair to both groups. Such

partition shall give rise to no cause of action

against the United States and the costs of such

partition shall be paid by the tribe. The Secretary is authorized to provide such reasonable

assistance as may be requested by both groups,

or by either group, in formulation and execution

of a plan for the division of said assets, including necessary technical services of Government

employees at Fort Duchesne, Utah, and arranging for necessary consultations with representatives of Federal departments and agencies, officials of the State of Utah, and political subdivisions thereof, and members of the tribe. All unadjudicated or unliquidated claims against the

United States, all gas, oil, and mineral rights of

every kind, and all other assets not susceptible

to equitable and practicable distribution shall

be managed jointly by the Tribal Business Committee and the authorized representatives of the

mixed-blood group, subject to such supervision

by the Secretary as is otherwise required by law,

and the net proceeds therefrom after deducting

the costs chargeable to such management shall

first be divided between the full-blood and

mixed-blood groups in direct proportion to the

number of persons comprising the final membership roll of each group and without regard to the

number of persons comprising each group at the

time of the division of such proceeds.

The stock of any corporation organized by the

mixed-blood group for the purpose of empowering the officers of such corporation to act as the

authorized representatives of said mixed-blood

group in the joint management with the tribe

and in the distribution and 1 unadjudicated or

unliquidated claims against the United States,

all gas, oil, and mineral rights of every kind,

and all other assets not susceptible to equitable

and practicable distribution shall not be subject

to mortgage, pledge, hypothecation, levy, execution, attachment or other similar process, while

such stock remains in the ownership of the

original stockholder or his heirs or legatees, but

the interest of stockholders in any distribution

by such corporation shall be subject to the usual

processes of the law.

(Aug. 27, 1954, ch. 1009, §10, 68 Stat. 873; Pub. L.

87–698, Sept. 25, 1962, 76 Stat. 597.)

REFERENCES IN TEXT

Herein, referred to in text, 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.

AMENDMENTS

1962—Pub. L. 87–698 inserted last paragraph providing

that originally owned stock of corporate representative

should not be subject to the usual processes of the law

but that corporate distributions should be subject to

them.

SECTION REFERRED TO IN OTHER SECTIONS

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

this title.

§ 677j. Advances or expenditures from tribal

funds; restrictions on mixed-blood group

until adoption of plan for terminating supervision

Notwithstanding any other provision of existing law, the tribal funds now on deposit or hereafter deposited in the United States Treasury to

the credit of the tribe or either group thereof,

shall be available for advance to the tribe or the

respective groups, or for expenditure, for such

purposes, including per capita payments, as may

be designated by the Tribal Business Committee

for the full-blood members, and by the authorized agents of the mixed-blood members, and in

either event subject to the approval of the Secretary: Provided, That the aggregate amount of

the expenditures and advances authorized by

this section for the mixed-blood group shall not

exceed 50 per centum of the total funds of said

mixed-blood group after such division, until said

mixed-blood group has adopted a plan approved

by the Secretary for termination of Federal supervision of said mixed-blood group, as required

under section 677l of this title. After such termination of Federal supervision, per capita payments to the mixed-blood group shall not be

subject to approval of the Secretary.

(Aug. 27, 1954, ch. 1009, §11, 68 Stat. 873.)