§ 694 TITLE 25—INDIANS Page 282

1So in original. Probably should be subsection ‘‘(b)’’.

final and conclusive. After disposition of all

such appeals the roll of the tribe shall be published in the Federal Register and such roll shall

be final for the purposes of this subchapter.

(Aug. 13, 1954, ch. 733, §3, 68 Stat. 724.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 694 of this title.

§ 694. Personal property rights; restrictions

Upon publication in the Federal Register of

the final roll as provided in section 693 of this

title, the rights or beneficial interests in tribal

property of each person whose name appears on

the roll shall constitute personal property which

may be inherited or bequeathed, but shall not

otherwise be subject to alienation or encumbrance before the transfer of title to such tribal

property as provided in section 695 of this title

without the approval of the Secretary. Any contract made in violation of this section shall be

null and void.

(Aug. 13, 1954, ch. 733, §4, 68 Stat. 725.)

§ 695. Tribal property

(a) Procedure for transfer

Upon request of a tribe, the Secretary is authorized within two years from August 13, 1954,

to transfer to a corporation or other legal entity

organized by the tribe in a form satisfactory to

the Secretary title to all or any part of the tribal property, real and personal, or to transfer to

one or more trustees designated by the tribe and

approved by the Secretary, title to all or any

part of such property to be held in trust for

management or liquidation purposes under such

terms and conditions as may be specified by the

tribe and approved by the Secretary, or to sell

all or any part of such property and make a pro

rata distribution of the proceeds of sale among

the members of the tribe after deducting, in his

discretion, reasonable costs of sale and distribution.

(b) Property not transferred in accordance with

recognized procedure; election to retain

property

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 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: 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 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.

(c) Compensation of agents or attorneys

The Secretary shall not approve any form of

organization pursuant to subsection (a) of this

section that provides for the transfer of stock or

an undivided share in corporate assets as compensation for the services of agents or attorneys

unless such transfer is based upon an appraisal

of tribal assets that is satisfactory to the Secretary.

(d) Selection of trustees; approval by Secretary

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 Oregon that relate to

the selection of trustees.

(Aug. 13, 1954, ch. 733, §5, 68 Stat. 725.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 694 of this title.

§ 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