§ 677k TITLE 25—INDIANS Page 276

§ 677k. Adjustment of debts in making per capita

payments to mixed-blood members; execution of mortgages on property

Fifty per centum of all per capita payments to

any individual mixed-blood member made pursuant to any division or distribution hereunder

shall have deducted therefrom any sum or sums

of money owed by such member to the tribe,

whether due or to become due, unless in the

opinion of the Secretary said debts are not adequately secured in which event the entire per

capita payment shall be subject to such offset.

Any other division, partition or distribution of

property to any individual mixed-blood member

made pursuant to this subchapter shall be subject to a mortgage to be made in favor of the

tribe securing the payment of all sums of money

owed by him to the tribe on the date of such division, partition or distribution to such individual mixed-blood member. The Secretary shall

require the execution of any mortgage required

under this section as a condition to any such division, partition or distribution.

(Aug. 27, 1954, ch. 1009, §12, 68 Stat. 874.)

REFERENCES IN TEXT

Hereunder, 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.

§ 677l. Distribution to individual members of

mixed-blood group; preparation and approval of plan; assistance; provisions permitted in plan

After the adoption of a plan for the division of

the assets between the two groups, a plan for

distribution of the assets of the mixed-blood

group to the individual members thereof shall be

prepared and ratified by a majority of said

group, within the period of six months from such

adoption and presented to the Secretary for approval. The Secretary is authorized to provide

such reasonable assistance, including necessary

technical service 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, as may be required by the mixed-blood

group in the preparation of such plan.

The plan for division of the assets among the

members of the mixed-blood group may include:

(1) Complete disposition of all cash assets of

said group, reserving, however, sufficient

funds to cover—

(i) the proportionate share of said mixedblood group in and to all expenses incurred

in effecting the purposes of this subchapter,

including, but not limited to, the necessary

expense incurred under this section and section 677m of this title;

(ii) the just and proportionate share of the

mixed-bloods in the expense incurred in the

prosecution of the claims of the tribe, or the

bands thereof, against the United States;

and

(iii) the determinable and estimated administrative costs and expenses of any

mixed-blood organization authorized by this

subchapter, including lawful and reasonable

salaries and fees of authorized agents, officers and employees of said mixed-blood

group.

(2) Partition of the lands of the mixed-blood

group, excepting all gas, oil, and mineral

rights, to corporations, partnerships, or other

legal entities, and to trustees, and the individual members of said groups, quality and quantity relatively considered, according to the respective rights and interests of the parties, located so as to embrace, as far as practicable,

any improvements lawfully made by the person or persons receiving such land. The value

of the improvements made, under a valid lease

or assignment from the tribe, shall be excluded from the valuation in making allotments to the lessee or assignee, and the land

must be valued without regard to such improvements unless the lease or assignment,

under which said improvements were made,

provided that such improvements should become the property of the tribe. In the making

of any partition due consideration shall be

given to all of the rights and interests of the

person or persons receiving the property, and

all of the rights and interests of the other

members of the tribe. Two or more of the

members of said mixed-blood group may obtain their share of property as tenants in common, as joint tenants, or in any other lawful

manner when such members agree among

themselves as to the manner in which they desire to receive such title. When it appears that

an equitable partition cannot be made among

the members of said mixed-blood group without prejudice to the rights and interests of

some of them, and yet a partition is directed

by the group, the members of said group may

voluntarily determine compensation to be

made by one party to another on account of

the inequity. In all cases where equity is

agreed upon by the members of said mixedblood group, such compensatory adjustment

among the parties, according to the principles

of equity, must be approved by the Secretary.

In the event of a failure to agree upon an equitable compensatory adjustment among the

parties the Secretary shall make such adjustment and his decision shall be final.

(3) Organization of corporations for the grazing of livestock, handling of water and water

rights, and the shares therein may be issued to

the members of said group in proportion to

their interests in the assets of such corporations. When, in the opinion of said mixedblood group, it is to the best interest of said

group to transfer a portion of the assets of

said group to a corporation or other legal entity for any purpose, the Secretary is authorized to make such transfer.

(4) A transfer of assets to one or more trustees designated by said group who shall hold

title to all or any part of the property of said

group for management or liquidation purposes

under terms and conditions prescribed by said

mixed-blood group. The Secretary is authorized to make such transfer, and approve the

trustees, and the terms and conditions of the

trust.