Title 25--INDIANS
Chapter I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR


of the Code of Federal Regulations are of general application. Notwithstanding any limitations contained in the regulations of this chapter, the Secretary retains the power...


to Indian affairs. Subtitle B, chapter I, title 43 of the Code or Federal Regulations contains rules relating to the relationship of Indians to public lands...


codes, resolutions, rules or other regulations of any State or political subdivision thereof limiting, zoning or otherwise governing, regulating, or controlling...


be granted may be inspected and procured at the Bureau of Indian Affairs, Washington, DC, and at the office of [[Page 10]] any Area Director or...


Appeal bond. 2.6 Finality of decisions. 2.7 Notice of administrative decision or action. 2.8 Appeal from inaction of official. 2.9 Notice of an...


adversely affect the interested party making the request. Appellant means any interested party who files an appeal under this part. Interested party means...


Bureau of Indian Affairs by persons who may be adversely affected by such decisions. (b) This part does not apply if any other regulation or Federal statute provides...


a person under the authority of that Area Director. (b) An Area Education Programs Administrator, Agency Superintendent for Education, President of a Post-Secondary School,...


an appeal, that person may request that the official before whom the appeal is pending require the posting of a reasonable bond by the appellant adequate to protect against...


considered final so as to constitute Departmental action subject to judicial review under 5 U.S.C. 704, unless when an appeal is filed, the official to whom the appeal is...


notice of the decision by personal delivery or mail. (b) Failure to give such notice shall not affect the validity of the decision or action but the time to file a notice...


impeded by the failure of an official to act on a request to the official, can make the official's inaction the subject of appeal, as follows: (1) Request in writing that...


must also send a copy of the notice of appeal to the official who will decide the appeal and to all known interested parties. The notice of appeal must be filed in...


all supporting documents. (b) The statement of reasons may be included in or filed with the notice of appeal. (c) If the statement of reasons is not filed...


the appellant's notice of appeal and statement of reasons. An answer should describe the party's interest. (b) An answer shall state the party's position or response to...


to the person making the filing. A person serving a document either by mail or personal delivery must, at the time of filing the document, also file a written...


regular business hours to the person designated to receive mail in the immediate office of the official, or (2) By mail to the facility officially designated for receipt...


address. Thereafter, any change of address shall be promptly reported to the official with whom the previous address was filed. The most current address on file...


the day on which a decision being appealed was made, service or notice was received, a document was filed, or other event occurred causing time to begin to run....


the period for filing or serving any document; provided, however, that no extension will be granted for filing a notice of appeal under Sec. 2.9 of this part or serve...


(b) An appeal under this part may be subject to summary dismissal for the following causes: (1) If after the appellant is given an opportunity to amend them,...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR2.18] [Page 14] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 2_APPEALS FROM ADMINISTRATIVE ACTIONS--Table of Contents Sec. 2.18 Consolidation of appeals. Separate proceedings pending before one official under this part and involving common questions of law or fact may be consolidated by the official conducting such proceedings, pursuant to a motion by any party or on the initiative of the official. ...


Education, Presidents of Post-Secondary Schools and the Deputy to the Assistant Secretary--Indian Affairs/Director (Indian Education Programs) shall render...


of the notice of appeal shall be sent to the Assistant Secretary--Indian Affairs. (b) The notice of appeal sent to the Interior Board of Indian Appeals...


part of the record or not. (b) When the official deciding an appeal believes it appropriate to consider documents or information not contained in the record...


Authority: 4 Stat. 737, 25 U.S.C. 43; 22 Stat. 88, 25 U.S.C. 46; 28 Stat. 313, 25 U.S.C. 44; 24 Stat. 389, 25 U.S.C. 348; and 48 Stat. 986, 25 U.S.C. 472...


transfer, reassignment or promotion. (b) Preference eligibles may be given a Schedule A excepted appointment under Exception Number 213.3112(a)(7). However,...


for a person to be considered a preference eligible according to the standards of Sec. 5.1, they must submit proof of membership, descendancy or degree of Indian ancestry...


part 5 need not be reviewed by them under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). [54 FR 283, Jan. 5,...


for Indian country detention programs? 10.2 Who is responsible for developing and maintaining the policies and standards for detention and...


The Director, Office of Law Enforcement Services who reports to the Deputy Commissioner of Indian Affairs, BIA, establishes policies, procedures, and standards for the...


the BIA or tribal detention or rehabilitation program receiving Federal funding. Self-governance tribes and tribes with limited jurisdiction are encouraged to follow the regulations...


will subject the operation and/or facility to unnecessary exposure to liability. Lack of employee standards, particularly for training and background checks, will...


detention, community residential, and holding facilities? The Bureau of Indian Affairs, Department of the Interior, maintains a manual of policies and procedures...


and BIA programs will use a phased approach to meeting all non-mandatory detention standards and will document progress on uniform reporting. The BIA Office of Law...


on the staff of the Office of Law Enforcement Services, Albuquerque, New Mexico, who is available to conduct evaluations and provide technical assistance or...


The Director, Office of Law Enforcement Services, BIA, will develop all necessary requirements for maintaining records, reporting data, and archiving information. These...


their rights, privileges, safety, protection and expected behavior would be? When an individual is incarcerated in an Indian country detention,...


All allegations of civil rights violations must be reported immediately to the Internal Affairs Branch of the Office of Law Enforcement Services. This office will ensure that...


residential, or holding facility located in a tribal jurisdiction where federal funds are used for operations or maintenance programs, the BIA's policies, standards,...


Jurisdiction Sec. 11.100 Listing of Courts of Indian Offenses. 11.101 Prospective application of regulations. 11.102 Criminal jurisdiction; limitation...


prior to the effective date of these regulations shall not abate but shall be determined in accordance with the regulations in effect at the time the...


this title, each Court of Indian Offenses shall have jurisdiction over any action by an Indian (hereafter referred to as person) that is made a criminal offense under this...


this title, each Court of Indian Offenses shall have jurisdiction over any civil action arising within the territorial jurisdiction of the court in which the defendant is...


jurisdiction over a Federal or state official that it could not exercise if it were a tribal court. (b) Unless otherwise provided by a resolution or ordinance of...


a trial division and an appellate division. (b) A chief magistrate will be appointed for each court who will, in addition to other judicial duties, be responsible for...


the Assistant Secretary-- Indian Affairs or his or her designee subject to confirmation by a majority vote of the tribal governing body of the tribe occupying the...


may be suspended, dismissed or removed by the Assistant Secretary--Indian Affairs, or his or her designee, for cause, upon the written recommendation of the tribal...


the tribe occupying the Indian country over which the court has jurisdiction, the chief magistrate shall appoint a clerk of court for the Court of Indian Offenses...


the tribe occupying the Indian country over which the court has jurisdiction, the superintendent shall appoint a prosecutor for each Court of Indian Offenses within his or...


(a) No defendant in a criminal proceeding shall be denied the right to counsel. (b) The chief magistrate shall prescribe in writing standards governing the admission...


record of all proceedings of the court containing the title of the case, the names of the parties, the complaint, all pleadings, the names and addresses of all witnesses, the date...


the BIA may obstruct, interfere with, or control the functions of any Court of Indian Offenses, or influence such functions in any manner except as permitted by Federal...


Any Court of Indian Offenses may make application to the superintendent who administers the individual Indian money account of a defendant who has failed to satisfy a money...


an offense shall be in the nature of an assessment for the payment of designated court expenses. The fines assessed shall be paid over by the clerk of the court to...


that a named individual(s) has committed a particular offense. All criminal prosecutions shall be initiated by a complaint filed with the court by a law...


or she may be held to answer for a criminal offense. (b) No law enforcement officer shall arrest any person for a criminal offense except when: (1) The officer...


authority to issue warrants to apprehend any person the magistrate has probable cause to believe has committed a criminal offense in violation of the regulations under this...


suspect shall be advised of the following rights: (a) That he or she has the right to remain silent. (b) That any statements made by him or her may be...


law enforcement officer or a magistrate may, in lieu of a warrant, issue a summons commanding the accused to appear before the Court of Indian Offenses at a stated time and...


authority to issue a warrant for the search of premises and for the seizure of physical evidence of a criminal violation under the regulations of this part located within...


a valid warrant except: (a) Incident to making a lawful arrest; or (b) With the voluntary consent of the person being searched; or (c) When the search is of...


make an inventory of all seized property, and a copy of such inventory shall be left with every person from whom property is seized. (b) A hearing shall be held by...


this part for longer than 48 hours unless the Court of Indian Offenses issues a commitment bearing the signature of a magistrate. A temporary commitment shall be issued...


him or her of his or her rights and of the charge(s) against him or her, receiving the plea, and setting conditions of pretrial release as appropriate in accordance...


entitled to release from custody pending trial under whichever one or more of the following conditions is deemed necessary to reasonably assure the appearance of the person at...


compel the testimony of witnesses, or the production of books, records, documents or any other physical evidence relevant to the determination of the case and not an undue burden...


not less than the hourly minimum wage scale established by 29 U.S.C. 206(a)(1) and any of its subsequent revisions, plus actual cost of travel. Each fact witness testifying at...


judicial procedure shall be set out in rules of court approved by the chief magistrate of the Court of Indian Offenses. (b) Courts of Indian Offenses shall be bound by...


jail and in any criminal case in which the prosecutor informs the court before the case comes to trial that a jail sentence will be sought, the defendant has a right, upon...


a criminal offense under the regulations of this part may be sentenced to one or a combination of the following penalties: (1) Imprisonment for a period not to exceed...


the Court of Indian Offenses may, in its discretion, suspend the serving of such sentence and release the person on probation under any reasonable conditions...


for parole at such time and under such reasonable conditions as set by the Court of Indian Offenses. (b) Any person who violates the conditions of his or her parole...


or BIA law enforcement authorities of any person found within the jurisdiction of the court, who is charged with an offense in another jurisdiction. Prior to delivery...


cause or purposely, knowingly or recklessly causes bodily injury to another; or (2) Negligently causes bodily injury to another with a deadly weapon; or ...


recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury. Recklessness and danger shall be presumed where a...


commit any crime of violence with purpose to terrorize another or to cause evacuation of a building, place of assembly or facility of public transportation, or otherwise to...


(a) Restrains another unlawfully in circumstances exposing him or her to risk of serious bodily injury; or (b) Holds another in a condition of...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR11.404] [Page 30] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 11_LAW AND ORDER ON INDIAN RESERVATIONS--Table of Contents Subpart D_Criminal Offenses Sec. 11.404 False imprisonment. A person commits a misdemeanor if he or she knowingly restrains another unlawfully so as to interfere substantially with his or her liberty. ...


he or she knowingly or recklessly takes or entices any child under the age of 18 from the custody of his or her parent, guardian or other lawful custodian, when he or she...


unlawfully restrict another's feedom of action to his or her detriment, he or she threatens to: (1) Commit any criminal offense; or (2) Accuse anyone of a...


her spouse, or causes such other person to have sexual contact with him or her, is guilty of sexual assualt as a misdemeanor, if: (1) He or she knows that the conduct...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR11.408] [Page 30-31] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 11_LAW AND ORDER ON INDIAN RESERVATIONS--Table of Contents Subpart D_Criminal Offenses Sec. 11.408 Indecent exposure. A person commits a misdemeanor if he or she exposes his or her genitals under circumstances in which he or she [[Page 31]] knows his or her conduct is likely to cause affront or alarm. ...


a fire or causes an explosion, whether on his or her property or another's, and thereby recklessly: (a) Places another person in danger of death or bodily...


(1) Damages tangible property of another purposely, recklessly, or by negligence in the employment of fire, explosives, or other dangerous means; or (2) Purposely...


not licensed or privileged to do so, he or she enters or surreptitiously remains in any building or occupied structure. An offense under this subsection is a misdemeanor if it...


exercise unlawful control over movable property not his or her own or under his or her control with the purpose to deprive the owner thereof or who unlawfully...


if he or she purposely receives, retains, or disposes of movable property of another knowing that it has been stolen, or believing that it has probably been...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR11.414] [Page 31] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 11_LAW AND ORDER ON INDIAN RESERVATIONS--Table of Contents Subpart D_Criminal Offenses Sec. 11.414 Embezzlement. A person who shall, having lawful custody of property not his or her own, appropriate the same to his or her own use, with intent to deprive the owner thereof, shall be guilty of embezzlement, a misdemeanor. ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR11.415] [Page 31] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 11_LAW AND ORDER ON INDIAN RESERVATIONS--Table of Contents Subpart D_Criminal Offenses Sec. 11.415 Fraud. A person who shall by willful misrepresentation or deceit, or by false interpreting, or by the use of false weights or measures obtain any money or other property, shall be guilty of fraud, a misdemeanor. ...


defraud or injure anyone, or with knowledge that he or she is facilitating fraud or injury to be perpetrated by anyone, he or she: [[Page 32]] (1) Alters,...


or by any other means whatsoever, extort or attempt to extort any moneys, goods, property, or anything else of any value, shall be guilty of extortion,...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR11.418] [Page 32] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 11_LAW AND ORDER ON INDIAN RESERVATIONS--Table of Contents Subpart D_Criminal Offenses Sec. 11.418 Misbranding. A person who shall knowingly and willfully misbrand or alter any brand or mark on any livestock of another person, shall be guilty of a misdemeanor. ...


he or she operates another person's automobile, airplane, motorcycle, motorboat, or other motor- propelled vehicle without consent of the owner. It is an affirmative defense...


has no privilege to do so, he or she falsifies, destroys, removes or conceals any writing or record, with purpose to deceive or injure anyone or to conceal...


the payment of money, knowing that it will not be honored by the drawee, commits a misdemeanor. (b) For the purposes of this section, an issuer is presumed to know that...


uses a credit card for the purpose of obtaining property or services with knowledge that: (1) The card is stolen or forged; or (2) The card has been revoked or...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR11.423] [Page 32] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 11_LAW AND ORDER ON INDIAN RESERVATIONS--Table of Contents Subpart D_Criminal Offenses Sec. 11.423 Defrauding secured creditors. A person commits a misdemeanor if he or she destroys, conceals, encumbers, transfers or otherwise deals with property subject to a security interest with purpose to hinder that interest. ...


of a child under 18 commits a misdemeanor if he or she knowingly endangers the child's welfare by violating a duty of care, protection or support. (b) A parent, guardian,...


to provide support which he or she can provide and which he or she knows he or she is legally obliged to provide to a spouse, child or other...


or agrees to confer upon another, or solicits, accepts or agrees to accept from another: (1) Any pecuniary benefit as consideration for the recipient's...


A person commits a misdemeanor if he or she: (1) Threatens unlawful harm to any person with purpose to influence his or her decision, vote or other exercise of discretion as a...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR11.428] [Page 33] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 11_LAW AND ORDER ON INDIAN RESERVATIONS--Table of Contents Subpart D_Criminal Offenses Sec. 11.428 Retaliation for past official action. A person commits a misdemeanor if he or she harms another by any unlawful act in retaliation for anything lawfully done by the latter in the capacity of public servant. ...


or she makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of a statement previously made, when the statement is material and he...


be transmitted to, or within any organization, official or volunteer, for dealing with emergencies involving danger to life or property commits...


officer with the purpose to implicate another commits a misdemeanor. (b) A person commits a petty misdemeanor if he or she: (1) Reports to law...


to hold a position in the public service with purpose to induce another to submit to such pretended official authority or otherwise to act in reliance upon...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR11.433] [Page 34] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 11_LAW AND ORDER ON INDIAN RESERVATIONS--Table of Contents Subpart D_Criminal Offenses Sec. 11.433 Disobedience to lawful order of court. A person who willfully disobeys any order, subpoena, summons, warrant or command duly issued, made or given by any Court of Indian Offenses or any officer thereof is guilty of a misdemeanor. ...


public servant from effecting a lawful arrest or discharging any other duty, he or she creates a substantial risk of bodily injury to the public servant or anyone else,...


apprehension, prosecution, conviction or punishment of another for a crime, he or she harbors or conceals the other, provides a weapon, transportation, disguise or other means...


unlawfully removes himself or herself from official detention or fails to return to official detention following temporary leave granted for a specific purpose or...


that he or she will subsequently appear at a specified time or place, commits a misdemeanor if, without lawful excuse, he or she fails to appear at that time...


herself from the Indian country over which the Court of Indian Offenses exercises jurisdiction for the purpose of avoiding arrest, prosecution or other judicial process...


or investigation is pending or about to be instituted, he or she attempts to induce or otherwise cause a witness or informant to: (1) Testify or inform...


believing that an official proceeding or investigation is pending or about to be instituted, he or she: (a) Alters, destroys, conceals, or removes any record, document...


to cause public inconvenience, annoyance or alarm or recklessly creating a risk thereof, he or she: [[Page 35]] (1) Engages in fighting or threatening, or...


or she participates with two or more others in a course of disorderly conduct: (1) With purpose to commit or facilitate the commission of a felony or misdemeanor; or ...


or she: (a) Makes a telephone call without purpose or legitimate communication; or (b) Insults, taunts or challenges another in a manner likely to...


dangerous weapon concealed upon his or her person is guilty of a misdemeanor unless he or she has a permit to do so signed by a magistrate of the Court of...


to the public safety is guilty of reckless driving, a petty misdemeanor, unless it is committed while under the influence of alcohol, in which case it is a...


(a) Subjects any animal in his or her custody to cruel neglect; or (b) Subjects any animal to cruel mistreatment; or (c) Kills or injures any animal belonging...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR11.447] [Page 36] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 11_LAW AND ORDER ON INDIAN RESERVATIONS--Table of Contents Subpart D_Criminal Offenses Sec. 11.447 Maintaining a public nuisance. A person who permits his or her property to fall into such condition as to injure or endanger the safety, health, comfort, or property of his or her neighbors, is guilty of a violation. ...


taking advantage of such actual or purported capacity commits a misdemeanor if, knowing that his or her conduct is illegal, he or she: (a) Subjects another to arrest,...


tribal ordinance duly enacted by the governing body of the tribe occupying the Indian country under the jurisdiction of the Court of Indian Offenses and approved by the...


this code may be sentenced as follows: (1) If the offense is a misdemeanor, to a term of imprisonment not to exceed six months or to a fine not to exceed $500.00,...


shall apply any laws of the United States that may be applicable, any authorized regulations of the Interior Department, and any ordinances or customs of the tribe...


order of the court awarding damages to be paid to the injured party, or directing the surrender of certain property to the injured party, or the performance of some other...


the party or parties against whom judgment is given. Such costs shall consist of the expenses of voluntary witnesses for which either party may be responsible and the fees...


Federal Rules of Civil Procedure applicable to United States district courts, except insofar as such procedures are superseded by order of the Court of Indian Offenses or by...


of Evidence, except insofar as such rules are superseded by order of the Court of Indian Offenses, or by the existence of inconsistent tribal rules...


to perform marriages. (b) A valid marriage shall be constituted by: (1) The issuance of a marriage license by the Court of Indian Offenses and by execution of...


in the absence of [[Page 38]] any showing that the proposed marriage would be invalid under any provision of this part or tribal custom, and upon written...


to do so solemnizes a marriage, he or she shall file with the clerk of the court certification thereof within thirty (30) days of the solemnization. (b)...


(1) A marriage entered into prior to the dissolution of an earlier marriage of one of the parties; (2) A marriage between an ancestor and a descendant, or between a...


the invalidity of a marriage entered into under the following circumstances: (1) A party lacked capacity to consent to the marriage, either because of...


marriage if: (1) The court finds that the marriage is irretrievably broken, if the finding is supported by evidence that (i) the parties have lived separate and...


proceedings. (b) If a proceeding is commenced by one of the parties, the other party shall be served in the manner provided by the applicable rule of...


marriage or for legal separation, either party may move for temporary maintenance or temporary support of a child of the marriage entitled to support. The motion shall...


(a) A decree of dissolution of marriage or of legal separation is final when entered, subject to the right of appeal. (b) The Court of Indian Offenses shall have the power...


of all suits brought to determine the paternity of a child and to obtain a judgment for the support of the child. A judgment of the court establishing the identity...


legal guardians for minors and for persons who are incapable of managing their own affairs under terms and conditions to be prescribed by...


name of any person upon petition of such person or upon the petition of the parents of any minor, if at least one parent is Indian. Any order issued by the court for a change...


administer in probate the estate of a deceased Indian who, at the time of his or her death, was domiciled or owned real or personal property situated within the Indian...


to the Court of Indian Offenses within 30 days after receipt of [[Page 41]] information that the maker thereof is deceased. Any custodian who fails to do so...


of the decedent shall be filed with the court. Such will may be proven and admitted to probate by filing an affidavit of an attesting witness which identifies such will as...


of an estate which is subject to the jurisdiction of the court may file a written petition with the court requesting that such estate be administered in...


be probated, the court shall appoint an administrator to administer the estate of the decedent. The person nominated by the decedent's will, if any, to be the executor of...


executor or administrator to show cause why he or she should not be discharged, and may discharge the executor or administrator for failure, neglect or improper performance of...


court shall appoint a disinterested and competent person as an appraiser to appraise all of the decedent's real and personal property within the estate. (b) It shall be...


decedent shall file their claim with the clerk of the court or with the executor or administrator within 60 days from official notice of the appointment of the executor...


may petition the court for authority to sell personal property of the estate for purposes of paying the expenses of last illness and burial expenses, expenses...


executor or administrator shall file a final account with the court, verified by his or her oath. Such final account shall affirmatively set forth: (1) That all...


Court of Indian Offenses shall proceed to examine all evidence relating to the distribution of the decedent's estate, and consider objections to the final account which...


the terms of the will of the decedent which has been admitted to probate. (b) If the decedent died intestate or having left a will which has been rejected by the court,...


is in a condition to be closed, the court shall enter an order closing the estate and discharging the executor or administrator. (b) If an order closing the estate has not...


which is to be inherited by a surviving spouse and/or minor children of the deceased may, upon petition of the executor or administrator, and a hearing before the court,...


shall extend to all appeals from final orders and judgments of the trial division, by any party except the prosecution in a criminal case where there has been a jury...


from by filing a written notice of appeal with the clerk of the court. (b) The notice of appeal shall specify the party or parties taking the appeal,...


jurisdiction of the Court of Indian Offenses, and irrevocably appoints the clerk of the court as his or her agent upon whom any papers affecting his or her liability on the...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR11.803] [Page 43] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 11_LAW AND ORDER ON INDIAN RESERVATIONS--Table of Contents Subpart H_Appellate Proceedings Sec. 11.803 Record on appeal. Within 20 days after a notice of appeal is filed, the clerk of court shall certify and file with the appellate division the record of the case. ...


appellant may file a written brief in support of his or her appeal. An original and one copy for each appellee shall be filed with the clerk of court who shall mail one...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR11.805] [Page 44] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 11_LAW AND ORDER ON INDIAN RESERVATIONS--Table of Contents Subpart H_Appellate Proceedings Sec. 11.805 Oral argument. The appellate division shall assign all criminal cases for oral argument. The court may in its discretion assign civil cases for oral argument or may dispose of civil cases on the briefs without argument. ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR11.806] [Page 44] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 11_LAW AND ORDER ON INDIAN RESERVATIONS--Table of Contents Subpart H_Appellate Proceedings Sec. 11.806 Rules of court. The chief magistrate of the appellate division shall prescribe all necessary rules concerning the operation of the appellate division and the time and place of meeting of the court. ...


(a) Abandon means the leaving of a minor without communication or failing to support a minor for a period of one year or more with no indication of the parents' willingness...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR11.901] [Page 44] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 11_LAW AND ORDER ON INDIAN RESERVATIONS--Table of Contents Subpart I_Children's Court Sec. 11.901 The children's court established. When conducting proceedings under Sec. Sec. 11.900-11.1114 of this part, the Court of Indian Offenses shall be known as the ``Children's Court''. ...


of the children's court shall be deemed criminal or be deemed a conviction of a crime, unless the children's court refers the matter to the Court...


children's court shall jointly appoint a presenting officer to carry out the duties and responsibilities set forth under Sec. Sec. 11.900- 11.1114 of this part. The...


shall appoint, for the purposes of the proceeding, a guardian ad litem for a minor, where the court finds that the minor does not have a natural or adoptive parent,...


proceedings: (a) Proceedings in which a minor who resides in a community for which the court is established is alleged to be a juvenile offender, unless...


this part the following rights will be observed unless modified by the particular section describing a hearing or proceeding: (1) Notice of the hearing or...


file a petition requesting the children's court to transfer the minor to the Court of Indian Offenses if the minor is 14 years of age or older and is alleged to have...


part shall be made and preserved. (b) All children's court records shall be confidential and shall not be open to inspection to anyone but the minor, the minor's parents...


be kept separate from the records and files of adults. (b) All law enforcement records and files shall be confidential and shall not be open to inspection to anyone...


court attains his or her twenty-first birthday, the children's court magistrate shall order the court records and the law enforcement records pertaining to the minor to...


to the minor and parents, guardian or custodian. Costs of obtaining the record shall be paid by the party seeking the appeal. (b) Any party to a children's court...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR11.912] [Page 46] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 11_LAW AND ORDER ON INDIAN RESERVATIONS--Table of Contents Subpart I_Children's Court Sec. 11.912 Contempt of court. Any willful disobedience or interference with any order of the children's court constitutes contempt of court which may be punished in accordance with this part. ...


by the presenting officer and sworn to by a person who has knowledge of the facts alleged. The complaint shall be signed by the complaining witness, and shall contain: ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR11.1001] [Page 47] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 11_LAW AND ORDER ON INDIAN RESERVATIONS--Table of Contents Subpart J_Juvenile Offender Procedure Sec. 11.1001 Warrant. The children's court may issue a warrant directing that a minor be taken into custody if the court finds there is probable cause to believe the minor committed the delinquent act alleged in the complaint. ...


(a) The officer observes the minor committing a delinquent act; or (b) The officer has reasonable grounds to believe a delinquent act has been committed that would be...


minor into custody pursuant to Sec. 11.1002 of this part shall: (a) Give the following warnings to any minor taken into custody prior to any questioning: (1) The minor...


be detained, pending a court hearing, in the following places: (1) A foster care facility approved by the tribe; (2) A detention home approved by the tribe; or ...


the children's court shall conduct a preliminary inquiry within 24 hours for the purpose of determining: (1) Whether probable cause exist to believe the minor committed...


an investigation following the preliminary inquiry or the release of the minor to his or her parents, guardian or custodian to determine whether the interests of the minor...


be instituted by a petition filed by the presenting officer on behalf of the tribe and in the interests of the minor. The petition shall state: (1) The name, birth date,...


set a date for the hearing which shall not be more than 15 days after the children's court receives the petition from the presenting officer. If the adjudicatory hearing is...


children's court shall issue summons to: (1) The minor; (2) The minor's parents, guardian or custodian; and (3) Any person the children's court or the...


for the sole purpose of determining the guilt or innocence of the minor. The hearing shall be private and closed. (b) All the rights listed in Sec. 11.906 shall...


than 15 days after the adjudicatory hearing. (b) At the dispositional hearing, the children's court shall hear evidence on the question of proper disposition. (c)...


the children's court may make the following disposition: (1) Place the minor on probation subject to conditions set by the children's court; (2) Place...


court may be modified upon a showing of a change of circumstances. (b) The children's court may modify a dispositional order at any time upon the motion of the minor...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR11.1014] [Page 50] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 11_LAW AND ORDER ON INDIAN RESERVATIONS--Table of Contents Subpart J_Juvenile Offender Procedure Sec. 11.1014 Medical examination. The children's court may order a medical examination for a minor who is alleged to be a juvenile offender. ...


by the presenting officer and sworn to by a person who has knowledge of the facts alleged. The complaint shall be signed by the complaining witness and shall contain: ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR11.1101] [Page 50] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 11_LAW AND ORDER ON INDIAN RESERVATIONS--Table of Contents Subpart K_Minor-in-Need-of-Care Procedure Sec. 11.1101 Warrant. The children's court may issue a warrant, directing that a minor be taken into custody if the children's court finds there is probable cause to believe the minor is a minor-in-need-of-care. ...


(a) The officer has reasonable grounds to believe that the minor is a minor-in-need-of-care and that the minor is in immediate danger from his or her surroundings and...


shall: (a) Release the minor to the minor's parents, guardian or custodian and issue a verbal advice or warning as may be appropriate, unless shelter care...


detained, pending [[Page 51]] a court hearing, in the following places: (1) A foster care facility authorized under tribal or state law to provide...


shall conduct a preliminary inquiry with 24 hours for the purpose of determining: (1) Whether probable cause exists to believe the minor is a...


an investigation following the preliminary inquiry or the release of the minor to the parents, guardian or custodian to determine whether the interests of the minor and...


instituted by a petition filed by the presenting officer on behalf of the tribe and the interests of the minor. The petition shall state: (a) The name, birth date,...


children's court shall set a date for the hearing which shall not be more than 15 days after the children's court receives the petition from the presenting officer. If...


a minor-in-need-of-care, the children's court shall issue summons to: (1) The minor; (2) The minor's parents, guardian or custodian; and (3) Any person...


conduct the adjudicatory hearing for the sole purpose of determining whether the minor is a minor-in-need-of- care. The hearing shall be private and closed. (b) All the...


after the adjudicatory hearing, a dispositional [[Page 53]] hearing shall take place to hear evidence on the question of proper disposition. (b) All...


children's court may: (1) Permit the minor to remain with his or her parents, guardian or custodian subject to such limitations and conditions as the court...


children's court may be modified upon a showing of a change of circumstances. (b) The children's court may modify a dispositional order at any time upon motion of the minor...


children's court according to the procedures in this section. (b) Proceedings to terminate parental rights shall be instituted by a petition filed by the presenting officer...


in Sec. 11.600 and Sec. 11.606 have been approved by the Office of Management and Budget under 44 U.S.C. 3501 et seq., and assigned approval number 1076-0094. The...


Subpart A_Responsibilities Sec. 12.1 Who is responsible for the Bureau of Indian Affairs law enforcement function? 12.2 What is the role...


The Director of the Office of Law Enforcement Services for the Bureau of Indian Affairs (Director) has been delegated the responsibility for the development of law enforcement...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR12.3] [Page 56] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 12_INDIAN COUNTRY LAW ENFORCEMENT--Table of Contents Subpart A_Responsibilities Sec. 12.3 Who supervises Bureau of Indian Affairs criminal investigators? All BIA criminal investigators are supervised by other criminal investigators within the Office of Law Enforcement Services. ...


The agency superintendent is directly responsible for the operation and management of BIA uniformed police operations, detention facilities, and...


the regulations in this part if you are part of a BIA or tribal law enforcement program receiving Federal funding or operating under a BIA law...


of Indian country law enforcement programs under the Indian Self-determination and Education Assistance Act (Pub. L. 93-638, as amended, 25 U.S.C. 450). The...


be revoked, your law enforcement contract may be canceled, and you may no longer be eligible for tribal shares allocated from the law enforcement...


BIA will ensure that all Indian country law enforcement programs are provided a copy of the most current policy manuals and handbooks. Every Indian country...


BIA law enforcement officers are commissioned under the authority established in 25 U.S.C. 2803. BIA may issue law enforcement commissions to other Federal,...


will enforce tribal laws only with the permission of the tribe. Local programs are encouraged to make arrangements and agreements with local jurisdictions to facilitate...


the Department of Justice must maintain and periodically review and update a memorandum of understanding describing the relationship between the Federal Bureau of...


The Director must develop, maintain, and periodically review the qualification standards, including medical qualification standards, for all BIA law...


Law enforcement authority is only entrusted to personnel possessing adequate education and/or experience, training, aptitude, and high moral character. All Indian country law...


An officer's pay is determined by his/her grade and classification. The Commissioner of Indian Affairs must ensure that all BIA law enforcement officer positions...


compacted law enforcement under self-determination? Any contract or compact with the BIA to provide law enforcement services for an Indian tribe must require a...


Law enforcement personnel of any program funded by the Bureau of Indian Affairs must not perform law enforcement duties until they have successfully completed a basic law...


training must be submitted to the Indian Police Academy for review, with final determination made by the Director. Requests for a waiver of training requirements to...


maintains a criminal justice information system for Indian country. The Director will prescribe the types of data to be collected and the reporting format to be used to...


agencies? At intervals established by the Director, each BIA criminal investigations program, and any investigations program receiving BIA funds will consult with...


receiving Bureau of Indian Affairs funding or commissioning must establish a law enforcement code of conduct which establishes specific guidelines for conduct on and...


any resident of or visitor to Indian country to report officer misconduct. Each law enforcement program in Indian country will maintain instructions on how to register...


internal affairs program that investigates all allegations of misconduct by BIA officers, and any officer receiving funding and/or authority from the BIA. All allegations...


must be reported immediately to the internal affairs unit. That office will ensure that allegations are immediately reported to the Civil Rights Division of the U....


The Director will develop and maintain the use of force policy for all BIA law enforcement personnel, and for programs receiving BIA funding or authority. Training in the...


purchase evidence or information, or to offer a reward, in the investigation of a crime. This is subject to the availability of funds. This authority may be delegated in writing...


Each local law enforcement program must establish its own uniform requirements for patrol and detention [[Page 60]] personnel. Uniformed BIA police...


will only be issued by the Bureau of Indian Affairs to persons occupying positions as full-time officers. Bureau of Indian Affairs funded or commissioned...


Purpose. 13.2 Information collection. Subpart B_Reassumption 13.11 Contents of reassumption...


contained in Sec. 13.11 has been approved by the Office of Management and Budget under 44 U.S.C. 3501 et seq. [[Page 61]] and assigned clearance...


petition to reassume jurisdiction over Indian child custody proceedings and the accompanying plan shall contain, where available, the following information in sufficient detail...


(a) The Assistant Secretary--Indian Affairs shall approve a tribal petition to reassume jurisdiction over Indian child custody matters if: (1) Any reservation, as defined in 25...


the request of a tribe desiring to reassume jurisdiction over Indian child custody matters, Bureau agency and Area Offices shall provide technical assistance and make available...


the petition, the Assistant Secretary--Indian Affairs shall cause to be published in the Federal Register a notice stating that the petition has been received and is under review...


Affairs may be appealed under procedures established in 43 CFR 4.350-4.369.\1 --------------------------------------------------------------------------- ...


disapproved, the Bureau shall immediately offer technical assistance to the tribal governing body for the purpose of overcoming the defect in the petition or plan that resulted...


Subpart A_Introduction Sec. 15.1 What is the purpose of this part? 15.2 What terms do I need to know? 15.3 Will the Secretary probate all...


administrative law judge or other employee of the Department of the Interior's Office of Hearings and Appeals (OHA) upon whom authority has been conferred by the Secretary to...


(a) No. We will probate only the trust or restricted property in the estate of an Indian decedent. (b) We will not probate: (1) Real or personal property...


of the probate process are: (a) We find out about a person's death (see subpart B for details); (b) We prepare a probate package which includes documents that you...


As soon as possible you should contact the nearest BIA agency or regional office where the decedent was enrolled to inform us of the decedent's death. You must provide...


to the decedent? Yes. You do not need to be related to the decedent in order to notify us of the death. You can be a friend, neighbor, or any other...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR15.103] [Page 67] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 15_PROBATE OF INDIAN ESTATES, EXCEPT FOR MEMBERS OF THE FIVE CIVILIZED TRIBES--Table of Contents Subpart B_Starting the Probate Process Sec. 15.103 When should the BIA be notified of a death? There is no deadline for notifying us of a death. However, you should notify us of a death as soon as possible after the person dies. ...


a probate package? (a) You should provide us with the following documents and information before we can begin to process the probate package. (1)...


it is notified of the decedent's death? No. We may find out about the death of a person without being notified by an interested party. If we do, and if the...


from the decedent's IIM account? (a) If you are responsible for making the funeral arrangements on behalf of the family of a decedent who had an IIM account and...


The probate specialist or probate clerk at the agency or tribe where the decedent is an enrolled member will prepare the probate package in consultation with the probable...


decedent was not an enrolled member of a tribe or is a member of more than one tribe? (a) If the decedent was not an enrolled member of a tribe, but owns interests...


interest in trust or restricted lands or trust funds? Unless otherwise provided by federal law or a tribal inheritance code approved by the Secretary, you must file...


provide? Once we receive the documents that you provide us under Sec. 15.105, the probate specialist or probate clerk will: (a) Use the documents to prepare...


The complete probate package must contain all of the following: (a) A certified copy of the death certificate, if one exists, or some other reliable evidence of...


package? Within 30 days after all the documents required by Sec. 15.105 and Sec. 15.202 are received, a probate specialist will review the probate package...


BIA deciding official, may I still request a formal hearing with an ALJ? Yes, you may request a formal hearing before an ALJ at any time up until the date the BIA...


We will refer a probate to the OHA under Sec. 15.203(d) if the probate specialist determines that a referral is appropriate. In determining whether to refer a probate...


estate with only trust cash assets? Yes. Unless otherwise provided by federal law or a tribal inheritance code approved by the Secretary, a decedent's estate...


with the probate package? (a) Upon receipt of the probate package, the attorney decision maker reviews the probate package and determines whether there are issues...


determine the distribution of the trust estate? Unless otherwise provided by federal law or a tribal inheritance code approved by the Secretary, the law of the...


I file a claim against the estate? (a) If you wish to make a claim against the estate of a decedent, you must submit to us an original and two copies of an...


if a claim will be allowed and paid? (a) The BIA deciding official may direct the payment of some or all of the debts of the decedent after reviewing the...


(a) The first claims to be paid, referred to as priority claims, are paid in order of priority. The priority claims are: (1) Funeral expenses (including the...


amount of claims? The BIA deciding official has the discretion to decide that part or all of an otherwise valid claim is unreasonable, reduce the claim to a...


the decedent's IIM account to pay all claims? (a) If there is not enough money in the IIM account to pay all claims, the BIA deciding official will order payment of...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR15.308] [Page 71] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 15_PROBATE OF INDIAN ESTATES, EXCEPT FOR MEMBERS OF THE FIVE CIVILIZED TRIBES--Table of Contents Subpart D_Probate Processing, Claims and Distributions Sec. 15.308 Will the BIA use future income to pay claims? No. The unpaid balance of any claims will not be enforceable against the estate after the estate is closed. ...


of interest or penalties accruing after the date of death? No. Interest or penalties charged against either priority or general claims after date of death...


a decision on the probate? Within 60 days after an informal hearing has been held, the BIA deciding official will issue a written decision/order in accordance...


the BIA deciding official? The BIA deciding official issues a written decision/order that: (1) In intestate cases: Lists the names, relationship to the...


We will not pay claims, transfer title to land, or distribute trust cash assets for 75 days after the decision/order is mailed to the interested parties. After 75...


You have a right to appeal the decision made by the BIA deciding official if you are an interested party and are affected by the...


(a) To file an appeal of the decision/order, you may send or deliver a signed, written statement to the BIA deciding official where the probate package was sent that contains: ...


must send or deliver your written appeal within 60 days of the date that appears on the decision mailed to you. If you mail your appeal, it must be postmarked within 60 days of...


The BIA deciding official will refer your appeal to the appropriate ALJ in the same manner provided under 43 CFR Sec. 4.210. Until the appeal has been resolved, the BIA...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR15.405] [Page 72] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 15_PROBATE OF INDIAN ESTATES, EXCEPT FOR MEMBERS OF THE FIVE CIVILIZED TRIBES--Table of Contents Subpart E_Appeals Sec. 15.405 How does the ALJ review a decision issued by a BIA deciding official? The ALJ will conduct a de novo review; that is, conduct a formal hearing on the merits of the case. ...


assigned to a BIA deciding official, may I contact the deciding official directly? In order to avoid off-the-record communications with the BIA deciding...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR15.502] [Page 72] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 15_PROBATE OF INDIAN ESTATES, EXCEPT FOR MEMBERS OF THE FIVE CIVILIZED TRIBES--Table of Contents Subpart F_Information and Records Sec. 15.502 How can I find out the status of a probate? You may request information about the status of an Indian probate from any BIA agency or regional office. ...


(a) Records are the property of the United States if they: (1) Are made or received by a tribe or tribal organization in the conduct of a federal trust function...


(a) Any organization, including tribes and tribal organizations, that have records identified in Sec. 15.503(a) must preserve the records in accordance...


of information within the Department. 16.5 Acceptance and acknowledgement of service of process. 16.6 Authority of attorneys in State court litigation. 16.7 Performance...


connection with the performance by State courts, as authorized by Federal statutes, of certain functions which affect properties in which a restricted interest is owned by an...


Tribes, and to represent such Indian in State courts, in matters affecting a restricted interest owned by such Indian, shall be performed by attorneys on the staff of...


the regulations in this part, the Bureau shall furnish to the Field Solicitor, either on a current basis or at periodic intervals, processes and notices received concerning court...


to any Federal statute which by its express terms is applicable to Indians of the Five Civilized Tribes, may be accepted and acknowledged by the Field Solicitor, or by...


State court litigation in their official capacities are authorized to take such action as the Secretary could take if he were personally appearing in his official capacity as...


which by express provisions of Federal statute had been conferred upon probate or county courts of Oklahoma before such county courts were abolished on January 12,...


that the estate of a deceased Indian of the Five Civilized Tribes contains no restricted land but consists of a restricted interest in funds not exceeding $500 on deposit...


the estate of a deceased Indian of the Five Civilized Tribes, who has been dead 5 or more years after having died intestate without heirs, consists of restricted interests in...


Minors represented at hearings. 17.6 Examination of witness. 17.7 Limiting number of witnesses. 17.8 Supplemental hearing. 17.9...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR17.2] [Page 76] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 17_ACTION ON WILLS OF OSAGE INDIANS--Table of Contents Sec. 17.2 Attorneys. Interested parties may appear in person or by attorneys at law. Attorneys must file written authority to appear for their clients in the proceedings. ...


than 30 days from the date the petition is filed. Hearings shall be conducted only after notice of the time and place of such hearings shall have been given by mail. The...


each beneficiary under the will offered for consideration; and each attesting witness thereto. Such notice must be mailed not less than 10 days preceding the date set...


by descent, of whose interests are challenged, shall, with the approval of the special attorney, be represented at the hearing by guardians ad litem. Such minors 14 years of...


others will be required to adhere to the rules of evidence of the State of Oklahoma. If, in addition to oral testimony, affidavits or dispositions are introduced,...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR17.7] [Page 77] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 17_ACTION ON WILLS OF OSAGE INDIANS--Table of Contents Sec. 17.7 Limiting number of witnesses. When the evidence seems clear and conclusive, the special attorney may, in his discretion, limit the number of witnesses to be examined formally upon any matter. ...


has been given to those persons on whom notice of the original hearing was served and to such other persons as the testimony taken at the original hearing indicates...


not to exceed 30 days following the conclusion of the hearing, in which to file a brief or other statement of his contentions, showing service on opposing counsel...


to the superintendent. The record shall contain: (a) Copy of notices mailed to the attesting witnesses and the interested parties. (b) Proof of mailing...


lifetime of the testator, the will shall be considered by the special attorney who may endorse on such will ``approved as to form.'' A will shall be held in absolute...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR17.12] [Page 77] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 17_ACTION ON WILLS OF OSAGE INDIANS--Table of Contents Sec. 17.12 Approval. After hearings have been concluded in conformity with this part the superintendent shall approve or disapprove the wills of deceased Osage Indians. ...


as a beneficiary thereunder a government employee who is not related to the testator by blood, or otherwise the natural object of the...


the action of the superintendent of approving or disapproving a will shall be taken to the Secretary. Upon the superintendent's final action of approval or disapproval of...


Subpart A_Definitions, Purpose and Policy Sec. 20.100 What definitions clarify the meaning of the provisions of this ...


govern the provision to eligible Indians of the following kinds of financial assistance and social services: (a) Adult Care Assistance; (b) Burial Assistance; ...


services under this part? (a) Bureau social services programs are a secondary, or residual resource, and must not be used to supplement or supplant other programs. ...


the Office of Management and Budget? The information collection requirements contained in Sec. Sec. 20.300, 20.400, and 20.500 were submitted for clearance to the...


other Federal agency programs? We will coordinate all financial assistance and social services programs [[Page 85]] with state, tribal, county,...


The Assistant Secretary can designate or modify service areas for a tribe. If you are a tribe requesting a service area designation, you must submit each of...


assistance program, you can develop and submit to us a tribal redesign plan to change the way that you administer the program. (a) A tribal redesign plan allows a...


Yes, when a tribe redesigns its general assistance program, it may include assistance from other sources (such as Public Law 102-477 federal funding sources) in...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR20.204] [Page 85] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 20_FINANCIAL ASSISTANCE AND SOCIAL SERVICES PROGRAMS--Table of Contents Subpart B_Welfare Reform Sec. 20.204 Must all tribes submit a tribal redesign plan? No, you must submit a tribal redesign plan under Sec. 20.206 only if you want to change the way that the General Assistance program operates in your service area. ...


Yes, if you have a redesign plan, you can change eligibility criteria or levels of payment for general assistance. (a) The funding level for your...


Public Law 93-638 contract or receive direct services from us, you must obtain our approval before implementing a redesign plan. You can apply for approval to the Regional...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR20.207] [Page 86] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 20_FINANCIAL ASSISTANCE AND SOCIAL SERVICES PROGRAMS--Table of Contents Subpart B_Welfare Reform Sec. 20.207 Can a tribe use savings from a tribal redesign plan to meet other priorities of the tribe? Yes, you may use savings from a redesign of the general assistance program to meet other priorities. ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR20.208] [Page 86] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 20_FINANCIAL ASSISTANCE AND SOCIAL SERVICES PROGRAMS--Table of Contents Subpart B_Welfare Reform Sec. 20.208 What if the tribal redesign plan leads to increased costs? The tribe must meet any increase in cost to the General Assistance program that results solely from tribally increased payment levels due to a redesign plan. ...


part? Yes, a tribe operating under a tribal redesign plan can choose to return to operation of the program as provided in Sec. Sec. 20.300...


Disaster Assistance and Emergency Assistance change? No, unless otherwise provided by law, the Bureau nor a tribe may change eligibility criteria or levels of payment...


Eligibility for Direct Assistance To be eligible for assistance or services under this part, an applicant must meet all of the following criteria: (a) Meet...


program is to increase self- sufficiency. Each General Assistance recipient must work with the social services worker to develop and sign an Individual Self-Sufficiency...


Needy Families? Yes, all Indian applicants with dependent children are required to apply for Temporary Assistance for Needy Families (TANF) and follow...


General Assistance an applicant must: (a) Meet the criteria contained in Sec. 20.300; (b) Apply concurrently for financial assistance from other state,...


Bureau will review eligibility for General Assistance: (a) Every 3 months for individuals who are not exempt from seeking or accepting employment in accordance with Sec. 20.315...


worker to assess the need for continued financial assistance as outlined in Sec. 20.304. It includes: (a) A home visit; (b) An estimate of income,...


104-193, the Bureau must use the same TANF payment standard (and any associated rateable reduction) that exists in the state or service area where the applicant or...


Bureau determines General Assistance eligibility and payment levels, we consider income and other resources as specified in Sec. Sec. 20.308 and 20.309. (a) All...


earned in the form of wages, salary, commissions, or profit, from activities by an employee or self-employed individual. Earned income includes: (a) Any...


is not limited to: (a) Income from interest; oil and gas and other mineral royalties; gaming income per capita distributions; rental property; cash contributions, such as...


prorate the following recurring income: (a) Recurring income received by individuals over a 12-month period for less than a full year's employment (for example,...


services worker will deduct the following amounts from earned income: (1) Other federal, state, and local taxes; (2) Social Security (FICA); (3)...


The social services worker will deduct the following amounts from income, or other resources: (a) The first $2,000 of liquid resources annually available to...


social services worker will compute financial assistance payments by beginning with the Bureau standard of assistance and doing the following: (1) Subtracting from...


(1) Actively seek employment, including the use of available state, tribal, county, local or Bureau-funded employment services; (2) Make satisfactory progress in an...


Sec. 20.314 does not apply to the persons shown in the following table. ------------------------------------------------------------------------ The employment...


covered by the employment policy in Sec. 20.314, you must seek employment and provide evidence of your monthly efforts to obtain employment in accordance with your ISP. ...


or quit a job, your ineligibility period will continue as provided in Sec. 20.316(b) until you seek [[Page 90]] and accept appropriate available local and...


In working with each recipient, you, the social services worker must: (a) Assess the general employability of the recipient; (b) Assist the recipient in...


In working with the social services worker, you, the recipient, must: (a) Participate with the social services worker in developing an ISP and sign the ISP; ...


skills to enhance potential job placement for the general assistance recipient. TWEP programs can be incorporated within Public Law 93-638 self- determination contracts,...


are allowed under TWEP. (a) Incentive payments are separate. The Bureau will not consider incentive payments as wages or work related expenses, but as grant...


normally receives the TWEP assistance payment. (b) The social services worker can designate a spouse or other adult in the assistance group to receive the TWEP...


Yes, the local TWEP must have specific written program procedures that cover hours of work, acceptable reasons for granting leave from work, evaluation criteria and...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR20.324] [Page 91] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 20_FINANCIAL ASSISTANCE AND SOCIAL SERVICES PROGRAMS--Table of Contents Subpart C_Direct Assistance Sec. 20.324 When can the Bureau provide Burial Assistance? In the absence of other resources, the Bureau can provide Burial Assistance for eligible indigent Indians meeting the requirements prescribed in Sec. 20.300. ...


Indian, you can apply for burial assistance for the deceased Indian under this section. (a) To apply for burial assistance under this section, you must submit...


directly associated with burials are normally a part of the established burial rate. If a provider adds an additional transportation charge to the burial rate because of...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR20.327] [Page 91] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 20_FINANCIAL ASSISTANCE AND SOCIAL SERVICES PROGRAMS--Table of Contents Subpart C_Direct Assistance Sec. 20.327 When can the Bureau provide Disaster Assistance? Disaster assistance is immediate and/or short-term relief from a disaster and can be provided to a tribal community in accordance with Sec. 20.328. ...


the disaster is considered the applicant and must submit the following to the Regional Director through the local Superintendent: (1) A tribal resolution...


payments can be provided to individuals or families who suffer from a burnout, flood, or other destruction of their home and loss or damage to personal possessions....


will not exceed the Bureau's maximum Emergency Assistance payment standard established by the Assistant Secretary. Adult...


care for eligible adult Indians who: (a) Have needs that require personal care and supervision due to advanced [[Page 92]] age, infirmity,...


receive adult care assistance under this part if he/she: (a) Is unable to meet his/her basic needs, including non-medical care and/or protection, with his/her own...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR20.333] [Page 92] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 20_FINANCIAL ASSISTANCE AND SOCIAL SERVICES PROGRAMS--Table of Contents Subpart C_Direct Assistance Sec. 20.333 How do I apply for Adult Care Assistance? To apply for adult care assistance, you or someone acting on your behalf must submit an application form to the social services worker. ...


upon the income and available resources of the person named in the application. (b) Upon approval by the Bureau Line Officer, payments will be approved under purchase...


for adult care assistance will not exceed the applicable state payment rate for similar care. [65 FR 63159, Oct. 20, 2000; 65 FR 76563, Dec....


Services to Children, Elderly, and Families will be provided for Indians meeting the requirements prescribed in Sec. 20.300 who request these services or on whose...


Services to Children, Elderly, and Families include, but are not limited to, the following: (a) Assistance in solving problems related to family functioning...


provided when children or adults: (a) Are deprived temporarily or permanently of needed supervision by responsible adults; (b) Are neglected, abused...


provided to a child, family or elderly person will be documented in the case files and: (a) Can include, but are not limited to, any of the following: (1)...


A social services assessment must contain, but is not limited to, the following: (a) Identifying information about the client (for example, name, address,...


Assistance under this subpart if all of the following criteria are met: (a) The child must meet the requirements in Sec. 20.300. (b) The child's legally...


program can use Child Assistance funds to pay for services as shown in the following table. ------------------------------------------------------------------------ ...


facilities? You, the social service program, can use Child Assistance funds to purchase or contract for room and board in licensed residential care facilities. ...


You, the social services program, can use Child Assistance funds to provide either adoption or guardianship subsidies if all of the following are true: ...


You, the social services program, can use Child Assistance funds to pay for homemaker services as specified in Sec. 20.501 and this section. While housekeeping services are...


The services listed in this section are provided by Services to Children, Elderly, and Families under this subpart jointly with the Child Assistance Program. (a)...


minimum the following information is required: (a) Tribal enrollment verification in accordance with Sec. 20.100; (b) A written case plan (established within 30 days of...


care, the social services worker must select care that meets the physical, behavioral, and emotional needs of the child. Foster care is intended to be short-term. The case...


residential care or guardianship home? The social services agency must make efforts to secure child support for the child in foster care or residential care through a court...


or residential care facility? When a child is placed in foster care or a residential care facility the social services worker must do all of the following: (a)...


of a child in placement and the care and supervision must be given to the appropriate social services agency. While the court can issue any court order consistent with tribal...


for all child placements within 6 months after initial placement of the child. Every reasonable effort will be made to preserve the family and/or reunify the children...


The Bureau is not an authorized adoption agency and staff must not arrange adoptive placements. However, long-term permanency planning can involve the Bureau social services...


Interstate compact agreements should be used when appropriate for foster care, adoption and guardianship to protect the best interests of the child and to assure the availability...


The courts can request the following: (a) Investigations of law enforcement reports of child abuse and neglect; (b) Assessment of the need for...


regular contact with children and families in accordance with specific program requirements. The social services agency is responsible for implementation of quality...


Reported child abuse, neglect or exploitation cases and the requirement for background clearances will be handled in accordance with the Indian Child Protection and Family...


(a) You can apply for financial assistance or social services under this part if you: (1) Believe that you are eligible to receive benefits; or (2) Are applying on...


or social services under this part by: (a) Completing an application that you can get from your social services worker or tribe; or (b) Through an...


You, the applicant, are the primary source of information used to determine eligibility and need. If it is necessary to secure information such as medical records from other...


be approved if the applicant meets the eligibility criteria in this part for the type of assistance requested and all recipients will be redetermined for eligibility every 6...


denied or changed? If the Bureau increases, decreases, suspends, or terminates financial assistance, the social services worker must mail or hand deliver to the...


subpart? If you are an applicant or recipient and appeal a decision made under Sec. 20.604, you can continue to receive your assistance while your appeal is pending....


incorrect payment of financial assistance has been made to an [[Page 99]] individual or family, a proper adjustment or recovery is required. (b) The...


or fraudulent information? Applicants or recipients who knowingly and willfully provide false or fraudulent information are subject to prosecution under 18...


Yes, if you are an applicant or recipient, and are dissatisfied with a Bureau decision made under this part, you can request a hearing before the Superintendent...


Yes, if you appeal under this subpart, financial assistance will be continued or reinstated to insure there is no break in financial assistance until the Superintendent...


representative must set a date for the hearing within 10 days of the date of request for a hearing and give written notice to the applicant...


hearing must include: (a) The date, time and location of the hearing; (b) A statement of the facts and issues giving rise to the appeal; (c) The applicant's...


is the process? (a) The Superintendent or his/her designated representative conducts the hearing in an informal but orderly manner, records the hearing, and...


or recipient must pursue the appeal process applicable to the Public Law 93-638 contract, Public Law 102-477 grant, or Public Law 103-413 self-governance annual...


Definitions. 23.3 Policy. 23.4 Information collection. Subpart B_Notice of Involuntary Child Custody Proceedings and Payment ...


25 U.S.C. 1901 et seq. Assistant Secretary means the Assistant Secretary--Indian Affairs, the Department of the Interior. Bureau of Indian Affairs (BIA) means...


declared that it is the policy of this Nation to protect the best interests of Indian children and to promote the stability and security of Indian tribes and Indian families...


23.13 of this part have been approved by the Office of Management and Budget (OMB) under 44 U.S.C. 3501 et seq., and assigned clearance number 1076- 0111. (1)...


(a) In any involuntary proceeding in a state court where the court knows or has reason to know that an Indian child is involved, and where the identity and location of the...


service of notice. Any Indian tribe entitled to notice pursuant to 25 U.S.C. 1912 may designate by resolution, or by such other form as the tribe's constitution...


in involuntary Indian child custody proceedings in state courts. (a) When a state court appoints counsel for an indigent Indian party in an involuntary Indian...


(a) Grant application information and technical assistance. Information on grant application procedures and related information may be obtained from...


(a) Grants awarded under this subpart are for the establishment and operation of tribally designed Indian child and family service programs. The objective of...


(a) The appropriate Area Director shall, subject to the tribe's fulfillment of the mandatory application requirements and the availability of appropriated...


process. (a) Grant application procedures and related information may be obtained from the Area Director designated at Sec. 23.11 for processing...


The Secretary or his/her designee is authorized to make grants to off-reservation Indian organizations to establish and operate off- reservation Indian child...


contents and application selection criteria. (a) An application for a competitive multi-year grant under this subpart shall be submitted to...


off-reservation applications by Area Director. (a) Area office certification. Upon receipt of an application for a grant by an off-reservation...


action. Within 30 days of the receipt of grant reporting forms from the Area Directors identifying approved and disapproved applications pursuant to subpart D of...


and applicability. The general and uniform grant administration provisions and requirements specified at 25 CFR part 276 and under this subpart...


(a) Pre-award and ongoing technical assistance may be requested by an Indian tribe or off-reservation Indian organization from the appropriate agency [[Page...


(a) Tribal government programs. The appropriate Agency Superintendent or Area Director may approve a grant application and its subsequent execution under subpart C...


All grantees under this part shall be responsible for managing day- to-day program operations to ensure that program performance goals are being achieved and to...


may make a subgrant under subpart C of this part, provided that such subgrants are for the purpose for which the grant was made and that the grantee retains...


controls and other assurances. Grantee financial management systems shall comply with the following standards for accurate, current and complete disclosure...


Indians. (a) Any tribal government or off-reservation Indian organization receiving a grant under this part shall make general programmatic information and...


(a) Grant funds provided to Indian tribes under subpart C of this part may be used as non-Federal matching shares in connection with funds provided under titles IV-B, IV-E and XX...


(a) Grants awarded under this part shall include provisions assuring compliance with the Indian Civil Rights Act; prohibiting discriminatory distinctions among...


government Indian child and family service programs. Any person meeting the definition of Indian, Indian child, Indian custodian, or Indian parent of any unmarried person under...


Unless restricted by appropriation, and contingent upon satisfactory program evaluations from the appropriate area or agency office for an existing program, grantees are...


grantee has materially failed to comply and remains out of compliance with the terms and conditions of the grant, the grants officer may, after reasonable notice to the grantee and...


may cancel any grant, in whole or in part, at any time before the date of completion whenever it is determined that the grantee has: (1) Materially failed to...


A grantee or prospective applicant may appeal any decision made or action taken by the Agency Superintendent, Area Director, or grants officer under subpart C or E of this part....


decision made or action taken by the Area Director under subpart D that is alleged to be in violation of the U.S. Constitution, Federal statutes, or the regulations of...


whose ability to protect such interests is impeded by the failure of an official to act on a request to the official, may make the official's inaction the subject of an appeal...


decree or adoptive order for any Indian child shall provide the Secretary or his/her designee within 30 days a copy of said decree or order, together with any...


child custody proceeding or of a court, the Secretary or his/her designee shall assist in identifying qualified expert witnesses. Such requests for assistance shall be sent...


custody proceeding or of a court, the Secretary or his/her designee shall assist in identifying language interpreters. Such requests for assistance should be sent to the...


Upon the request of a child placement agency, the court or an Indian tribe, the Secretary or his/her designee shall assist in locating the biological parents or prior...


A_Definitions, Scope of the Employment Assistance Program and Information Collection Sec. 26.1 Definitions. 26.2 Scope...


Program. The purpose of the Employment Assistance Program is to assist Indian people who have a job skill to obtain and retain permanent employment....


The information collection requirements contained in Sec. Sec. 26.4 and 26.6 have been approved by the Office of Management and Budget (OMB) under 44 U.S.C. 3504(h)...


be filed at Bureau of Indian Affairs Agency offices, or at facilities under contract with the Bureau or contract offices which are located on or near reservations or...


near Indian reservations and demonstrate a need for employment services. (b) An applicant must be unemployed or underemployed in order to receive employment services. ...


employment services, the applicant shall be offered assistance to assess his/her job skills and work experience and to relate these to available employment opportunities. In...


a family member participating in the Employment Assistance program may be granted financial assistance, as needed, based upon rates established by the Area Director for...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR26.8] [Page 123] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 26_EMPLOYMENT ASSISTANCE FOR ADULT INDIANS--Table of Contents Subpart C_Appeals Sec. 26.8 Appeals. The decision of any Bureau official under this part can be appealed pursuant to the procedures in 25 CFR part 2. ...


Subpart A_Definitions, Scope of the Vocational Training Program and Information Collection Sec. 27.1 Definitions. 27.2 Scope...


program. The purpose of the vocational training program is to assist Indian people to acquire the job skills necessary for full time satisfactory...


The information collection requirements contained in Sec. Sec. 27.4, 27.6 and 27.9 have been approved by the Office of Management and Budget (OMB) under 44 U.S.C....


be filed at Bureau of Indian Affairs agency offices, or at facilities under contract with the Bureau or contract offices located on or near reservations or other...


or near Indian reservations. (b) Eligible individuals shall be at least eighteen (18) years of age, except that high school graduates shall be eligible at the age...


the provisions of this part is required to make satisfactory progress in training. Individuals in institutional vocational training courses are required to give evidence...


training at any institution, public or private, offering vocational training may be approved by the Assistance Secretary; provided: (1) The institution is accredited...


approved when such training: (a) Is offered by a corporation or association which has furnished such training to bona fide apprentices for at least one year...


only by the official to whom such authority has been delegated in the 10 BIAM. (b) On-the-job training may be approved when such training is offered by a...


this part may be granted financial assistance as needed, based upon rates established by the Area Director for the respective areas, or jurisdictions within those...


vocational training may be arranged through contracts or agreements with agencies, establishments or organizations. These may include: (a) Indian tribal...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR27.12] [Page 127] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 27_VOCATIONAL TRAINING FOR ADULT INDIANS--Table of Contents Subpart C_Appeals Sec. 27.12 Appeals. The decisions of any Bureau official under this part can be appealed pursuant to the procedures in 25 CFR part 2. [[Page 128]] ...


in Indian schools. 31.4 Compulsory attendance. 31.5 Consent for transfer. 31.6 Coercion prohibited. 31.7 Handling of student funds in Federal school facilities. ...


the exterior boundaries of Indian reservations under the jurisdiction of the Bureau of Indian Affairs or on trust or restricted lands under the jurisdiction of the...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR31.2] [Page 128] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 31_FEDERAL SCHOOLS FOR INDIANS--Table of Contents Sec. 31.2 Use of Federal school facilities. Federal Indian school facilities may be used for community activities and for adult education activities upon approval by the superintendent or officer in charge. ...


be enrolled in such schools under the following conditions: (a) In boarding schools upon payment of tuition fees, which shall not exceed the per capita cost of maintenance...


Cross Reference: For penalties for the failure of Indians to send children to school and for contributing to the delinquency of minors, see Sec. 11.424 of this...


Indian child is sent to a school beyond the limits of the State or Territory in which the reservation is located. (Sec. 1, 28 Stat. 906; 25...


effected through maintenance of Federal Indian schools or programs which suit the needs and interests of the areas in which they are located. (Sec. 1, 29 Stat. 348; 25...


of Indian Affairs to accept and to disburse deposits of funds of students and student activity associations in schools operated by the Bureau in accordance with the purposes...


implementation of Pub. L. 95-561. Authority: Secs. 1130 and 1133 of Title XI of the Education Amendments of 1978 (92 Stat. 2143, 2321 and 2325, Pub. L. 95-561;...


the schools located within such agency, and the number of such members shall be determined by the Director in consultation with the affected Tribes or Alaska Native...


Indian Tribes and Alaska Native villages with the Federal Government as affirmed by the United States Constitution, U.S. Supreme Court decisions, treaties, Federal statutes,...


Assure that no new policy shall be established nor any existing policy changed or modified without consultation with affected Tribes and Alaska Native Government entities. ...


programmatic responsibilities associated with title XI of the Education Amendments of 1978 (Pub. L. 95-561), and in the January 1, 1981 annual report, as provided in...


education functions. 33.6 Agency education functions. 33.7 Implementing procedures. 33.8 Realignment of area and agency offices. 33.9 Development of...


shall be facilitated. (b) Authority to perform education functions shall be delegated directly from the Assistant Secretary-Indian Affairs to the Director,...


functions shall not be delegated to other than the Director, Office of Indian Education Programs. The Assistant Secretary shall publish delegations of authorites to...


may be redelegated by the Director to a Bureau of Indian Affairs Agency Superintendent for Education, to a Bureau Area Education Programs Director, or to a...


Johnson-O'Malley aid to non-Bureau schools, higher education, Bureau peripheral dormitories, adult education, off-reservation residential schools, on-reservation...


secondary education, early childhood education, peripheral dormitories which have been supervised prior to Pub. L. 95-561, and exceptional education programs as defined in 25...


the jurisdiction of Agency Superintendents and Area Office Directors to the Director, Office of Indian Education Programs. (2) Modify existing descriptions of positions...


Office reorganizations required to structure these offices consistent with education program activities to be undertaken at those...


support services by the Bureau of Indian Affairs for the education function. These procedures shall be consistent with existing laws, regulations, Executive Orders,...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR33.10] [Page 136] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 33_TRANSFER OF INDIAN EDUCATION FUNCTIONS--Table of Contents Sec. 33.10 Issuance of procedures. The Assistant Secretary--Indian Affairs, directly or through the Commissioner of Indian Affairs, shall issue procedures in the Bureau of Indian Affairs Manual governing the provision of support services to the Bureau's Education Office function. ...


and information collection requirements. Subpart A_General Provisions Sec. 36.1 Purpose, scope, and information...


(a) The minimum academic standards for the basic education of Indian children established under this part, subparts B through G, are mandatory for all Bureau of...


For purposes of this part, the following definitions apply: Accreditation means a school has received an official decision by the State(s) department(s)...


I--Philosophy and goals. (a) Each school shall develop a written mission statement and philosophy of education that addresses the accumulation of knowledge...


II--Administrative requirements. (a) Staffing. Each school shall, at a minimum, meet the following requirements: (1) The overall school ratio of regular...


needs assessment. The policy and procedures of each school and its curricula shall be developed and revised based on an assessment of educational needs....


development. (a) Each school shall implement an organized program of curriculum development involving certified and non-certified staff and shall...


Standard V--Minimum academic programs/school calendar. (a) Each school shall meet the applicable minimum program of instruction provided in this subpart and,...


VI--Kindergarten instructional program. (a) The curriculum for kindergarten shall provide children with experiences which emphasize language development, native...


VII--Elementary instructional program. (a) The elementary instruction programs, grades one through six, shall include but need not be limited to: (1)...


Standard VIII--Junior high/middle school instructional program. (a) The instructional program shall reflect the school's philosophy and the needs of the students and...


IX--Secondary instructional program. (a) The secondary instructional program shall reflect the philosophy of the student, tribe, community, and school, and an awareness...


Standard X--Grading requirements. (a) Each school shall implement a uniform grading system which assesses a student's mastery of the prescribed objectives of the...


Standard XI--Student promotion requirements. Each school shall establish and implement a promotion policy which shall be submitted to and approved by the local school board...


Standard XII--Graduation requirements for a high school diploma. Graduation requirements contained under this section shall be applied beginning with the graduating class...


XIII--Library/media program. (a) Each school shall provide a library/media program which shall, as a minimum, meet the applicable state and/or regional standards,...


(a) Each school shall establish a textbook review committee composed of teachers, parents, and students, and school board members. Appointment to...


XV--Counseling services. Each school shall offer student counseling services concerned with physical, social, emotional, intellectual, and vocational growth for...


XVI--Student activities. All schools shall provide and maintain a well-balanced student activities program based on assessment of both student and program needs....


Standard XVII--School program evaluation and needs assessment. Each school shall complete a formal, formative evaluation at least once every seven (7) years beginning...


Standard XVIII--Office of Indian Education Programs and Agency monitoring and evaluation responsibilities. (a) The Office of Indian Education Programs shall monitor...


for minimum academic standards. Implementation of these standards shall begin immediately on the effective date of this part. (a) A school is in...


revisions. (a) The tribal governing body, or the local school board if so designated by the tribal governing body, shall have the local authority to waive, in part...


subpart. This subpart contains the criteria and mandatory requirements for all dormitories. The individual employee responsibilities, based on the terminology...


General provisions. (a) The Homeliving Specialist is the administrative head of the dormitory who shall have sufficient autonomy and authority to ensure the...


Elementary level dormitories. (a) Each dormitory program shall provide or have access to the services of a qualified counselor who holds a valid counselor certificate...


dormitories. (a) Each dormitory program shall provide or have access to the services of a qualified counselor who holds a valid counselor certificate and...


Homeliving (dormitory operations). Staff shall be provided so that at least one adult is on duty at all times when students are in the dormitory. Each dormitory program...


Space and privacy. The configuration of sleeping space and other living areas will vary according to the grade levels of the occupants; however, sleeping rooms shall...


the National Criteria for Dormitory Situations. Implementation of the National Criteria for Dormitory Situations shall begin immediately on the effective date of...


revisions. (a) The tribal governing body (tribe), or the local school board (LSB), if so designated by the tribe, shall have the local authority to waive or...


compensation for educators and education positions. 38.7 Appointment of educators. 38.8 Nonrenewal of contract. 38.9 Discharge of educators. 38.10 Conditions...


under 25 U.S.C. 2011 and 2015 and assigned approval number 3206-0012. The sponsoring agency for the Standard Form 171, is the Office of Personnel Management. The information...


body or bodies and members of one or more specified Indian Tribes. Agency school board as defined in section 1139(1), of Pub. L. 95- 561, means a body, the members...


continued for which: (1) Funds are not available; or (2) There is not a clearly demonstrable need and intent for it to carry out an education function. ...


the appropriate licensing and certification authorities of the State in which the position is located. (b) Qualifications related to individuals. An applicant for...


level specified in part 62 of the Bureau of Indian Affairs Manual (BIAM). The schedule will be revised at the same time as and be consistent with rates in effect under the...


employee is employed, the school board shall be consulted. An individual's appointment may be finalized only upon receipt of a formal written determination certified by...


apply to those employees who have completed three full continuous school terms of service under consecutive contract appointments and satisfactory performance in the same...


4303. In order to provide due process for educators, the Director shall publish in 62 BIAM representative conditions that could result in the discharge of educators for cause...


of BIA employees carrying out Bureau-operated education programs. (b) Employee handbook. Employee handbook and recruiting guides shall be developed by each...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR38.11] [Page 166] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 38_EDUCATION PERSONNEL--Table of Contents Sec. 38.11 Length of the regular school term. The length of the regular school term shall be at least 180 student instructional days, unless a waiver has been granted under the provisions of 25 CFR 36.61. ...


of leave: (1) Personal leave. A school-term employee will receive 28 hours of personal leave to be used for personal reasons and 12 hours of emergency leave. This...


either the competitive or excepted service without time limitation, and who are serving in an education position, shall be continued in their positions under the terms...


Bureau schools from the private sector, including individuals, groups, or students. Voluntary service shall be for all non-hazardous activities where public services,...


105-337, the Administrative Systems Act of 1998, 112 Stat. 3171. The details of this system are in the Indian Affairs Manual (IAM) at Part 20. This manual system may be found...


and scope. 39.2 Definitions. 39.3 General provisions. Subpart B_The Indian School Equalization Formula 39.10 Establishment of...


requirements relating to fiscal and administrative matters. Definitions of terms that are used throughout the part are included in this subpart. As used in this part,...


of Bureau operated or contracted elementary and secondary educational purposes and programs shall be allocated in accordance with, and be distributed through, the...


School Equalization Formula (ISEF). Funds for the instruction and residential care of Indian children shall be earned as an entitlement by each local school according to...


subject to the definitions established in Sec. 39.2 and to the following definitions for determining student counts in the various weighted areas. As used in the subpart,...


fund their special Education programs: (1) 15 percent of the Indian Student Equalization Program (ISEP) funds generated by their ADM; and (2) Funds under Part B...


be computed according to the following weighted student unit factors: ------------------------------------------------------------------------ ...


operating small schools, qualified schools shall receive the following adjustments: (a) Instructional programs in day and boarding schools. For each separate small...


a salary supplement for Alaskan educational staff, and add-on weight of .25 will be used as a factor by which all pupil program-generated weighted students shall be...


including any small school and any Alaskan school cost supplements shall be computed for each school under the management of the Director. The total number of...


school attended by an Indian student receive less under these regulations than the average payment from the Federal funds received per Indian student, under other...


the processes by which the final allocation of each school's entitlement is made. When changes occur either in the total amount of funds available for the...


a percentage increase in its total fund entitlement, over the comparable budget amount per school in the FY 79 Bureau Education budget, which is greater than the...


and guidelines. The Director shall develop: (a) Uniform, objective and auditable placement criteria and guidelines for placement of students in...


the final publication of this rule, the Director shall review the following factors in depth, and determine whether to incorporate each into the weighted pupil formula: (1)...


(a) Within one year of the final publication of this rule, the Secretary shall develop uniform procedures and criteria for the authorization of new schools where no Bureau...


formula phase-in, the Director shall consider the impact on equalization of supplemental funds appropriated for aid to schools under the Johnson O'Malley Act and under title IV of...


validity of student counts means that counts of student ADM have been accurately recorded in compliance with specifications of these rules, and that the Agency Superintendent...


funding as established in subpart B of this part, a day school, boarding school, or dormitory must meet minimum standards, or, failing to do so, must include in...


(ADM) as defined in Sec. 39.2(f) shall be determined during the last full school week in September during which all students eligible under the definition shall be counted...


ADM with the exception of speech therapy, no child shall be counted or funded twice for participation in more than one special...


substitute another week in the same month for the specified count week if it can be established that to use the specified count week would result in grossly inaccurate...


Tentative allotments for each future year's funding shall be based on the [[Page 181]] ADM for the September count week of the current year. [49...


membership exceeds ten percent in any given school year, the school may elect to request funding based on the average of the current and previous years' September...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR39.37] [Page 181] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 39_THE INDIAN SCHOOL EQUALIZATION PROGRAM--Table of Contents Subpart C_Formula Funding Administrative Procedures Sec. 39.37 Auditing of student counts. The Secretary shall provide for auditors as required to assure timeliness and validity in reporting student counts for formula funding. ...


school, Agency, Area, and Central Office administrators may be dismissed for cause, or otherwise penalized, for submission of invalid or fraudulent annual student ADM...


school delays submission of an ADM count, by more than (2) weeks beyond the final count week in November, for that school, the Director shall set aside an amount equal to...


Apportionment means that part of a school's allotment received each quarter as an authorization to obligate funds. (b) Approved apportionment schedules means that approval given...


boards of allotments of funds based on the September ADM count established under subpart B of this part according to the following schedule: (a) Tentative allotments...


the Director, shall make initial allotments to Bureau operated schools, Agency Education Offices, and Central and Area Offices. The Assistant Secretary--Indian...


schools shall be governed by provisions of the Bureau Manual (42 BIAM). (b) Authority to obligate funds in tribally operated contract schools shall be governed...


Director shall make quarterly apportionments directly to the local school supervisor or to the school's responsible fiscal agent as specifically delegated in accordance...


(a) Expend funds solely in accordance with the local educational financial plan, as ratified or amended by the local school board, unless in the case of Bureau...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR39.56] [Page 183] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 39_THE INDIAN SCHOOL EQUALIZATION PROGRAM--Table of Contents Subpart D_Direct Allotment of Formula Entitlements Sec. 39.56 Financial records. Each responsible fiscal agent receiving funds under the ISEP shall maintain expenditure records in accordance with financial planning system procedures as required herein. ...


General, the Assistant Secretary, the Director, or any of their duly authorized representatives shall have access for audit and examination purposes to any of the...


allotments shall be made in accordance with applicable federal regulations and local education financial plans, as defined in Sec. 39.60(b) of subpart E. (b) Where there...


soliciting and recording the opinions of school boards regarding each element in the local financial plan, as set forth below, and incorporating those opinions to...


plan shall be developed by the local school supervisor, in active consultation with the local school board, based on the tentative allotment received as provided in...


minimum, each of the following elements: (a) Separate programing of funds for each group of Indian students for whom a discrete program of services is to be provided. This...


receipt of the tentative allotment for the coming school year, the school supervisor shall meet and consult with the local school board on the local financial plan. (2)...


finds an action of the local school board, in rejecting or amending the local financial plan, to be unacceptable in his or her judgment as a professional educator,...


the sum of all funds carried over from the previous fiscal year(s) as unobligated and the amount for the current year. (b) Temporary replacement means the substitution of...


shall identify an amount for a separate budget account entitled the School Disaster Contingency Fund (SDCF). All schools and dormitories receiving support under...


Fund shall be continued over at the end of a fiscal year in the same account for the next year, except when otherwise provided in appropriations acts. New funds...


for the following purposes: (a) Costs of replacement of items in the following categories including shipment and installation, in the event of their destruction...


Fund shall be made to the Director of the Office of Indian Education Programs, through the Agency Superintendent of Education for the school affected. Applications...


authorization of the Director, on the merits of each such application received, on a first come, first served basis and in amounts determined at the Director's discretion...


paid under the SDCF: (1) Capital expenditures for construction of permanent facilities. (2) Capital expenditures for reconstruction or refurbishment...


order to reimburse schools for the costs of unforeseen and extraordinary procurement costs and for major repairs of reconstruction resulting from the disaster, the Director may request...


an amount not to exceed $2 million dollars to be used during fiscal year 1980 by the Director to facilitate the implementation of formula funding under this part. The fund is...


discretionary fund by the Director for any purpose, and it shall be allocated solely through the Indian School Equalization...


annually for the purpose of providing training for school board members as authorized by Pub. L. 95-561, section 1129(d). Each school board shall receive a flat sum,...


of this subpart does not relieve the Director of the responsibility for assuring that adequate technical assistance and training services are provided to school boards to...


in the following subject areas: (a) Educational philosophy; (b) Community school programs; (c) Legal aspects of being a school board member; ...


(a) Contracting with individuals and organizations for training services, (b) Membership fees in school boards' associations and purchase of their materials...


with a decision of record by the school board and each payment shall be made under written authorization of the board chairperson. (b) Expenditures under this...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR39.95] [Page 188] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 39_THE INDIAN SCHOOL EQUALIZATION PROGRAM--Table of Contents Subpart G_School Board Training Sec. 39.95 Reporting of expenditures. An accounting of all expenditures of school board training funds shall be maintained as a supplement to each school's public accounting records. [[Page 189]] ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR39.96] [Page 189] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 39_THE INDIAN SCHOOL EQUALIZATION PROGRAM--Table of Contents Subpart G_School Board Training Sec. 39.96 Provision for annual adjustment. The allocation of $5,000 per school may be annually adjusted by the Director. ...


except as they may also be members of local school boards, are not included in these local school board training funds. If required, such provision shall be...


means the daily average of all bus miles logged for round trip home-to-school transportation of day students. (b) Transported student means the average number...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR39.101] [Page 189] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 39_THE INDIAN SCHOOL EQUALIZATION PROGRAM--Table of Contents Subpart H_Student Transportation Sec. 39.101 Purpose and scope. The purpose of this section is to provide funds to each school for the round trip transportation of students between home and the school site. ...


be allocated to each school as follows: (a) Day students. Funds shall be allocated to each school which provides daily transportation of students between the...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR39.103] [Page 190] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 39_THE INDIAN SCHOOL EQUALIZATION PROGRAM--Table of Contents Subpart H_Student Transportation Sec. 39.103 Annual transportation formula adjustment. The Director will review transportation allotment factors each year and make changes in factors based on changes in transportation costs. ...


There is established in the Division of Facilities Management a separate temporary fund entitled the Interim Maintenance and Minor Repair Fund. The...


Minor Repair Fund shall be distributed to Bureau operated and funded schools and shall be separately earmarked in local school financial plans solely for expenditure at...


allocated to all Bureau operated and contract schools based on the number of square feet of floor space used for that school's educational program, for student residence and...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR39.113] [Page 190] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 39_THE INDIAN SCHOOL EQUALIZATION PROGRAM--Table of Contents Subpart I_Interim Maintenance and Minor Repair Fund Sec. 39.113 Use of funds. Funds allocated under this provision for maintenance and minor repair shall be used for no other purpose. ...


the Bureau branch of Facilities Management or its field offices of any responsibility for continuing to provide maintenance and repair service to schools through...


The purpose of this subpart is to provide funds at the agency and area education offices for FY 1991 and future years for administration of all Bureau of...


of Indian Education Programs providing administrative direction and supervision to one or more Bureau-operated schools as well as being responsible for all other...


agencies/areas shall be allotted to the Director and through him/her to agency and area education offices. This total budget shall be distributed to the various agency and...


amount equal to no more than one half of the funds received in FY 1990 by those offices to be closed in FY 1991 to cover severance pay costs, lump sum leave payments...


funded by the Bureau. Those schools having pre-kindergarten programs funded fully or in part from Bureau education funds in fiscal year 1979 shall be...


in fiscal year 1982. The Director, in consultation with the tribes and school boards, shall determine appropriate weight factors needed to include...


for fiscal year 1979 means the sum of costs for custodial salaries [[Page 192]] and fringe benefits, related supplies and equipment and equipment...


for contract schools. There is established in the Division of Facilities Management a separate fund entitled the Contract School Operation and Maintenance Fund....


fiscal year 1980 a portion of the Contract School Operation and Maintenance Fund determined by the percentage share which that school's fiscal year 1979 operation and...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR39.143] [Page 192] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 39_THE INDIAN SCHOOL EQUALIZATION PROGRAM--Table of Contents Subpart L_Contract School Operation and Maintenance Fund Sec. 39.143 Future consideration of contract school operation and maintenance funding. The Assistant Secretary shall arrange for full funding for operation and maintenance of contract schools by fiscal year 1981. ...


scholarships. 40.3 Applications. 40.4 Security. 40.5 Repayments. Authority: Sec. 11, 48 Stat. 986; 25 U.S.C. 471. Source: 22 FR 10533, Dec....


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR40.2] [Page 192] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 40_ADMINISTRATION OF EDUCATIONAL LOANS, GRANTS AND OTHER ASSISTANCE FOR HIGHER EDUCATION--Table of Contents Sec. 40.2 Working scholarships. Working scholarships may be granted to Indians who wish to earn their board and room by part-time work at Federal boarding schools that are located near a college, trade, or vocational school. [[Page 193]] ...


submitted through the superintendent or officer in charge of the agency at which the applicant is enrolled in the manner prescribed by...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR40.4] [Page 193] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 40_ADMINISTRATION OF EDUCATIONAL LOANS, GRANTS AND OTHER ASSISTANCE FOR HIGHER EDUCATION--Table of Contents Sec. 40.4 Security. If a borrower or cosigner has security to offer for an educational loan it must be given in an amount adequate to protect the loan. ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR40.5] [Page 193] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 40_ADMINISTRATION OF EDUCATIONAL LOANS, GRANTS AND OTHER ASSISTANCE FOR HIGHER EDUCATION--Table of Contents Sec. 40.5 Repayments. Repayment schedules for educational loans may provide not to exceed two years for repayment for each year in school. ...


Subpart A_Tribally Controlled Community Colleges Sec. 41.1 Purpose. 41.2 Scope. 41.3 Definitions. 41.4 Eligible recipients. 41.5 Eligible activities. 41.6...


subpart are applicable to the provision of financial and technical assistance to Community Colleges under title I of the Act. They do not apply to the provision of assistance...


this subpart A: (a) Academic term means a semester, trimester, or other such period (not less than six (6) weeks in duration) into which a community college normally...


under this subpart shall be available only to a Community College which: (a) Is governed by a board of directors, regents, or trustees, a majority of whom...


under this subpart shall be available to defray only the operating expenses of education programs of Community Colleges. Financial assistance under this subpart shall...


for Indian Affairs is authorized to enter into an agreement with the Assistant Secretary for Education, Department of Health and Human Services, and to revise...


(a) Grants under Sec. 41.8 of this subpart may be made to a Community College only after a positive determination of feasibility as provided in this section. (b) Within thirty...


which has received a positive feasibility study determination under Sec. 41.7 of this subpart shall be entitled to apply for financial assistance under this subpart. ...


receiving financial assistance under this subpart shall provide to the Director of Education on or before December 1st of each year a report which shall include an accounting of...


Director of Education shall furnish technical assistance either directly or through contract to any Community College requesting it. Such assistance shall be initiated within...


The general requirements for grant administration in this section are applicable to all grants provided under this subpart to Community Colleges: (a) Services or...


title I of the Tribally Controlled Community College Assistance Act of 1978 shall be separately identified in the Bureau of Indian Affairs Budget Justification....


or causing to be submitted to the Bureau any false information in connection with any application, report, or other document, upon which the provision of Federal...


this Department to support and encourage the establishment, operation, and improvement of tribally controlled community colleges in order to ensure continued and expanded...


are applicable to the provision of financial and technical assistance to Navajo Community College pursuant to the Navajo Community College Act of December 15, 1971 (Pub....


(a) Academic term means a semester, trimester, or other such period (not less than six (6) weeks in duration) into which the college normally subdivides its...


under this subpart shall be available to defray only the operating and maintenance expenses of education programs of the College. Financial assistance under this subpart...


is entitled to annual grants for operation and maintenance of the College in amounts based upon the number of Full-Time Equivalent Indian students in attendance. ...


shall provide the Director of Education on or before September 1st of each year a report which shall include an accounting of the amounts and purposes for which...


Education shall furnish technical assistance, either directly or through contract, to the College when requested in writing. Such assistance shall be initiated within thirty...


for grant administration in this section are applicable to all grants provided under this subpart to the Navajo Community College. (a) Services or...


causing to be submitted to the Bureau any false information in connection with any application, report, or other document, upon which the provision of the Federal...


Application to schools under Bureau contract. Authority: 5 U.S.C. 301. Source: 39 FR 32741, Sept. 11, 1974, unless otherwise noted. Redesignated...


regulations shall be expressly included as a part of the local school regulations of each Bureau of Indian Affairs school. Upon admission, all students of Bureau of...


(a) The right to an education. (b) The right to be free from unreasonable search and seizure of their person and property, to a reasonable degree of privacy, and...


charges shall include reference to the regulation allegedly violated, the facts alleged to constitute the violation, and notice of access to all statements of persons relating to...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR42.5] [Page 204] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 42_STUDENT RIGHTS AND DUE PROCESS PROCEDURES--Table of Contents Sec. 42.5 Application to schools under Bureau contract. Non-Bureau of Indian Affairs schools which are funded under contract with the Bureau of Indian Affairs must also recognize these student rights. ...


notification of rights. 43.5 Access to records. 43.6 Limitations on access. 43.7 Access rights. 43.8 Destruction of records. 43.9 Procedures for...


of the Interior. (b) Educational institution means any institution operated under the jurisdiction of the Bureau of Indian Affairs either directly or by...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR43.3] [Page 205] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 43_MAINTENANCE AND CONTROL OF STUDENT RECORDS IN BUREAU SCHOOLS --Table of Contents Sec. 43.3 Student rights. The regulations in this part do not prevent educational institutions from giving noneligible students rights similar to those given to parents and eligible students. Educational institutions may do so at their discretion. ...


on students shall inform parents or eligible students of the rights given them by this part. (b) In meeting the requirement in paragraph (a) of this section...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR43.5] [Page 206] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 43_MAINTENANCE AND CONTROL OF STUDENT RECORDS IN BUREAU SCHOOLS --Table of Contents Sec. 43.5 Access to records. Educational institutions shall give parents of students or eligible students, who are or have been in attendance at the institutions, access to student records, except as stated in Sec. 43.6. ...


(a) Financial records of the parents of the student or any information contained in those records. (b) Confidential letters and statements of recommendations,...


the types of student records which are maintained by the institution. (b) The right to inspect and review the content of those records. (c) The right to obtain copies of...


otherwise prevented by law. However, access shall be granted under Sec. 43.5 before destroying student records where the parent or eligible student has requested access. Only rec...


request by parents for access to the records of their children, or by eligible students for access to their own records within a reasonable period of time. In no case shall...


or have been in attendance at the institution, an opportunity to challenge the content of the student's records to: (a) Insure that the records are not inaccurate,...


the eligible student regarding the content of the student's records through informal meetings and discussions with the parent or eligible...


be conducted under the procedures adopted and published by the institution. Such procedures shall include at least the following elements: (a) The hearing shall...


that party shall have appeal rights as given in 25 CFR part 2. However, each official decision shall be issued within 30 days from receipt of...


information contained in them, other than directory information of students, without the written consent of the parents or of an eligible student, to any party...


student records shall be in writing, signed and dated by the person giving the consent. The consent shall include: (a) A specification of the records to be released. (b)...


this part for the release of student records, a copy of the records to be released shall be provided on request to: (a) The student's parents or the...


student records to appropriate persons in an emergency if the information is necessary to protect the health or safety of a student or other person. The factors to be used...


each student, which will indicate all parties other than those specified in Sec. 43.14 which have requested or obtained access to those records and which will indicate...


a student except on the condition that the party to which the information is being transferred will not permit any other party to have access to the information without the...


to individually notify the parent or eligible student of the categories of information which it has designated as directory information. The institution shall allow...


individual which is relevant and necessary to accomplish a purpose of the Bureau required to be accomplished by statute or Executive order of the President. (b)...


and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity...


care to protect the integrity, security, and confidentiality of these records. (b) No employee of the educational institution may disclose student records unless disclosure...


and scope. 46.2 Definitions. 46.3 Information collection. 46.10 Eligible activities. 46.20 Program requirements. 46.30 Records and...


sixteen or is beyond the age of compulsory school attendance under State or tribal law and not currently enrolled in a formal secondary or post-secondary educational program. ...


by the Office of Management and Budget under 44 U.S.C. 3501 et seq. and assigned control number 1076-0120. This information is being collected to assess the need for...


Education Program may be used to support local projects or programs designed to: (1) Enable Indian adults to acquire basic educational skills, including literacy; ...


is designed to address the needs of the Indian adults in the service area. To determine the needs of Indian adults in the area, the Adult Education Office must consider: ...


report on the previous project year's activities to the Director, Office of Indian Education Programs. The report must include the following information: (1) The type of...


for filing application forms. 61.5 Notices. 61.6 Application forms. 61.7 Filing of application forms. 61.8 Verification forms. 61.9 Burden...


The regulations are not to apply in the compilation of tribal membership rolls where the responsibility for the preparation and maintenance of such rolls rests with...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR61.3] [Page 215] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 61_PREPARATION OF ROLLS OF INDIANS--Table of Contents Sec. 61.3 Information collection. The Office of Management and Budget has informed the Department of the Interior that the information collection requirements contained in Sec. 61.4 need not be reviewed by them under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). ...


enrollment and the deadline for filing application forms will be included in this part 61 by appropriate amendments to this section; except that, when an Act or Plan...


jurisdiction of the Director, of the preparation of the roll for public display in Bureau field offices. Reasonable efforts shall be made to place notices for public display...


other designated persons, upon written or oral request. Each person furnishing application forms shall keep a record of the names of individuals to whom forms are given,...


no postmark date showing on the envelope or the postmark date is illegible, application forms mailed from within the United States, including Alaska and Hawaii, received...


ineligible persons from a previously approved roll, and individuals whose names appear on the previously approved roll are not required to file applications for enrollment,...


as birth certificates, death certificates, baptismal records, copies of probate findings, or affidavits, may be used to support claim of eligibility for enrollment. Records of...


the Tribal Committee for review and recommendations or determinations; except that, in the cases of adopted persons where the [[Page 223]] Bureau of...


tribal recommendations or determinations. (b) The Director or Superintendent, when tribal recommendations or determinations are applicable, shall accept...


part 62 of this chapter. When the appeal is on behalf of more than one person, the name of each person must be listed in the appeal. A copy of part 62 of this chapter shall...


of the decision shall be given the individual, parent or guardian having legal custody of a minor, or sponsor, as applicable. The name of any person whose appeal has...


to be eligible for enrollment. The roll shall contain for each person a roll number, name, address, sex, date of birth, date of death, when applicable, and when required...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR61.15] [Page 224] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 61_PREPARATION OF ROLLS OF INDIANS--Table of Contents Sec. 61.15 Special instructions. To facilitate the work of the Director or Superintendent, the Assistant Secretary may issue special instructions not inconsistent with the regulations in this part 61. ...


of an appeal. 62.7 Burden of proof. 62.8 Advising the tribal committee. 62.9 Action by the Superintendent. 62.10 Action by the Director. 62.11 Action by the...


(b) The regulations in this part are not applicable and do not provide procedures for the filing of appeals from adverse enrollment actions by tribal...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR62.3] [Page 225] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 62_ENROLLMENT APPEALS--Table of Contents Sec. 62.3 Information collection. In accordance with the Office of Management and Budget regulations contained in 5 CFR 1320.3, approval of the information collection requirements contained in this part is not required. ...


is: (1) The rejection of an application for enrollment by a Bureau official incident to the preparation of a roll for Secretarial approval; (2) The removal of a...


in the absence of a designated official, with the Bureau official who issued the notification of an adverse enrollment action; [[Page 226]] or when the notification...


record or the last available address and will be considered to have been made and computation of the appeal period shall begin on: (1) The date of delivery indicated on...


a copy or reference to any Bureau or tribal records having a direct bearing on the action. (b) Criminal penalties are provided by statute for knowingly filing...


give the tribal committee the opportunity to examine the appeal and to present such evidence as it may consider pertinent to the action being appealed. The tribal committee...


in writing receipt of the appeal and shall forward the appeal to the Director together with any relevant information or records; the recommendations of the...


tribal committee, the Director will consider the record as presented together with such additional information as may be considered pertinent. Any additional...


Any additional information relied upon shall be specifically identified in the decision. The Assistant Secretary shall make a decision on the appeal which shall...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR62.12] [Page 227] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 62_ENROLLMENT APPEALS--Table of Contents Sec. 62.12 Special instructions. To facilitate the work of the Director, the Assistant Secretary may issue special instructions not inconsistent with the regulations in this part 62. ...


and Definitions Sec. 63.1 Purpose. 63.2 Policy. 63.3 Definitions. 63.4 Information collection. 63.5-63.9 [Reserved] Subpart B_Minimum...


Violence Prevention Act, the Congress recognized there is no resource more vital to the continued existence and integrity of Indian tribes than their children and that...


of the Department of the Interior; Child means an individual who is not married, and has not attained 18 years of age. Child abuse includes but is not limited...


contained in Sec. 63.15, Sec. 63.33 and Sec. 63.34 will be approved by the Office of Management and Budget under the Paperwork Reduction Act of 1995, 44 U.S.C....


is to establish: (a) Procedures for determining suitability for employment and efficiency of service as mandated by the Indian Child Protection and Family Violence...


efficiency of service? (a) Determinations of suitability measure the fitness or eligibility of an applicant, volunteer, or employee for a particular...


Minimum standards of character are established by an employer and refer to identifiable character traits and past conduct. An employer may use character traits and past...


Prevention Act require of the Bureau of Indian Affairs and Indian tribes or tribal organizations receiving funds under the Indian Self- ...


determination of suitability for employment or retention? All positions that allow an applicant, employee, or volunteer regular contact with or control over...


Employment applications must: (a) Ask whether the applicant, volunteer, or employee has been arrested or convicted of a crime involving a child, violence, sexual...


the determination of suitability for employment? (a) The Bureau of Indian Affairs must use the United States Office of Personnel Management (OPM) to conduct...


employment and efficiency of service? (a) Adjudication is the process employers use to determine suitability for employment and efficiency of service. The...


different from the requirements for Indian tribes and tribal organizations? Yes. (a) In addition to the minimum requirements for...


employee? (a) An employer must deny employment or dismiss an employee when an individual has been found guilty of or entered a plea of guilty or nolo contendere to...


been charged with an offense but the charge is pending or no disposition has been made by a court? (a) The employer may deny the applicant employment until...


volunteer or employee from placement in a position which involves regular contact with or control over Indian children? Yes. (a) An...


or substantiated misconduct as suitable for employment? (a) The Bureau of Indian Affairs must use Federal adjudicative standards which allow the BIA to...


have during this process? (a) The applicant, volunteer, or employee must be provided an opportunity to explain, deny, or refute unfavorable and...


and employees? (a) Indian tribes and tribal organizations must comply with the privacy requirements of any Federal, state, or other tribal...


family violence prevention program? The purpose of this program is to develop tribally-operated programs to protect Indian children and reduce the incidence...


Indian child protection and family violence prevention programs? Yes. However, tribes are encouraged to develop and operate programs to protect Indian children...


family violence prevention program funds awarded? The Secretary is authorized to enter into contracts with Indian tribes, tribal organizations, or tribal...


family violence prevention program funds include? In addition to the Indian Self-Determination and Education Assistance Act, as amended, 25 U.S.C. 450 et...


prevention program funds distributed? (a) Funds will be distributed, subject to the availability of appropriations, and: (1) In any fiscal year that...


prevention program funds be used? Indian child protection and family violence prevention program funds may be used to: (a) Establish child protective...


and family violence prevention programs? (a) Each tribe must develop appropriate standards of service, including caseload standards and staffing...


for enrollment and the deadline for filing application forms. 67.5 Notices. 67.6 Application forms. 67.7 Filing of application forms. 67.8...


in section 7 of the Act who will be eligible to share in the distribution of a portion of the judgment funds awarded the Seminole Indians in Dockets 73, 151, and 73-A...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR67.3] [Page 237] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 67_PREPARATION OF A ROLL OF INDEPENDENT SEMINOLE INDIANS OF FLORIDA --Table of Contents Sec. 67.3 Information collection. The information collection requirement contained in this part does not require approval by the Office of Management and Budget under 44 U.S.C. 3501 et seq. ...


names of persons of Seminole Indian descent who: (1) Were born on or before, and living on April 30, 1990; (2) Are listed on or who are lineal descendants of persons...


jurisdiction of the Director of the preparation of the roll for public display in BIA field offices. Notices shall be placed for public display in community buildings,...


the Area Director, Superintendent, or other designated persons upon written or oral request. Each person furnishing application forms shall keep a record of the names...


the deadline date specified in Sec. 67.4(b). Where there is no postmark date showing on the envelope or the postmark date is illegible, application forms mailed from within...


evidence such as birth certificates, death certificates, baptismal records, copies of probate findings, or affidavits may be used to support claims of eligibility...


239]] applicable, upon receipt of an application. The Superintendent shall consider each application and all documentation. Upon determining an...


writing and must be filed pursuant to part 62 of this chapter. When the appeal is on behalf of more than one person, the name of [[Page 240]] each person must...


such additional information as may be considered pertinent. Any additional information relied upon shall be specifically identified in the decision. (b) The...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR67.12] [Page 240] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 67_PREPARATION OF A ROLL OF INDEPENDENT SEMINOLE INDIANS OF FLORIDA --Table of Contents Sec. 67.12 Exhaustion of administrative remedies. The decision of the Area Director on appeal, which shall be final for the Department, is subject to judicial review under 5 U.S.C. 704. ...


copies of the roll of those persons determined to be qualified for enrollment as an Independent Seminole Indian of Florida. The roll shall contain for each person a roll...


67.12(c), prepare a per capita payment roll. The payment roll shall be comprised of those persons whose names appear on the approved roll and who have elected to share in...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR67.15] [Page 241] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 67_PREPARATION OF A ROLL OF INDEPENDENT SEMINOLE INDIANS OF FLORIDA --Table of Contents Sec. 67.15 Special instructions. To facilitate the work of the Superintendent and Area Director, the Assistant Secretary may issue special instructions not inconsistent with the regulations in this part. ...


revision of roll. 75.4 Basic membership roll. 75.5 Removal of deceased persons from the roll. 75.6 Additions to the roll. 75.7 Applications for...


the Act approved August 21, 1957 (71 Stat. 374), of the membership roll of the Eastern Band of Cherokee Indians, North Carolina, prepared and approved in accordance with the Act of...


tribal funds to supply sufficient staff to perform the work necessary to revise the membership roll of the Band and such staff has been employed and when the...


Cherokee Indians of North Carolina, prepared and approved pursuant to the act of June 4, 1924 (43 Stat. 376), and the act of March 4, 1931 (46 Stat. 1518), shall be members of...


midnight August 21, 1957, shall be stricken from the basic membership roll by the Tribal Enrollment Office upon receipt of a death certificate or other evidence of...


on August 21, 1957, who meet the following qualifications: (a) Persons born during the period, beginning on or after June 4, 1924, and ending midnight August 21,...


enrollment established herein may submit to the Tribal Enrollment Office an application for enrollment as a member of the Eastern Band of Cherokee Indians. [38 FR...


filed by the parent, next of kin, recognized guardian, or other person responsible for their care. Applications for enrollment of persons known to be in mental or...


Office and, in addition to whatever information the Enrollment Committee may deem necessary, shall contain the following: (a) The name and address of the applicant....


Enrollment Office of the Eastern Band of Cherokee Indians, Council House, Cherokee, N.C. 28719, upon request, either in person or by mail. [38 FR 9998, Apr. 23,...


whom the applicant claims enrollment rights are unknown to the Tribal Enrollment Office, the Tribal Enrollment Office may request the applicant to furnish such...


membership of the Council, but not from without the membership of the Band, a committee of three (3) persons to serve as the Enrollment Committee. The Enrollment Committee...


serve a term of office of 2 years by each newly elected Tribal Council. [38 FR 9999, Apr. 23, 1973. Redesignated at 47 FR 13327, Mar....


shall have the right to appeal to the Tribal Council from the determination made by the Enrollment Committee: Provided, That such appeal shall be made in writing...


be kept current by striking therefrom the names of persons who have relinquished their membership in the Band as provided in Sec. 75.17 and of deceased persons upon receipt...


or more degree Eastern Cherokee Indian blood and born after August 21, 1957, may be enrolled in either of the following manners: (1) An application to have...


his membership in the Band by filing notice in writing that he no longer desires to be enrolled as a member of the Band. On receipt of such notice the name of the...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR75.18] [Page 245] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 75_REVISION OF THE MEMBERSHIP ROLL OF THE EASTERN BAND OF CHEROKEE INDIANS, NORTH CAROLINA--Table of Contents Sec. 75.18 Adoption. The Tribal Council of the Eastern Band of Cherokee Indians shall be empowered to enact ordinances governing the adoption of new members. [39 FR 43391, Dec. 13, 1974. Redesignated at 47 FR 13327, Mar. 30, 1982] ...


of North Carolina will be brought up to date as of October 10, 1974, to serve as the basis for distributing certain judgment funds awarded to the Band in Indian...


Department of the Interior. 81.5 Request to call election. 81.6 Entitlement to vote. 81.7 Adoption, ratification, or revocation by majority vote. 81.8 Election...


on proposed constitutions when tribes wish to reorganize, (2) Adopting constitutional amendments, (3) Ratifying and amending charters, (4) Revoking...


by law, may be reorganized under a Federal Statute. Tribes wishing to reorganize or a reorganized tribe seeking to amend its constitution and bylaws or wishing...


and assistance (including the proposing of amendments), to any tribe in drafting a constitution and bylaws, an amendment, a charter or charter amendment, or in revocation...


revoke a constitution and bylaws, upon a request from the tribal government. (b) The Secretary shall authorize the calling of an election to adopt a constitution and...


Federal Statute for the first time: (1) Any duly registered adult member regardless of residence shall be entitled to vote on the adoption of a constitution and bylaws. ...


thereto, or charter and charter amendments shall be considered adopted, ratified, or revoked if a majority of those actually voting are in favor of adoption,...


the tribal governing body or an authorized representative committee. Where such persons may be unwilling or unable to serve, the chairman shall select at least...


tribal election ordinance or resolution; and (b) in the election board's judgment voting districts are needed, the board shall establish them and designate a polling place for...


by the election board, the election board shall appoint district election boards for each district, which shall have the duties prescribed above for the election board...


cast will be based upon the number of registered voters. The election board, upon receipt of authorization to conduct an election, shall notify by regular mail all...


if any. This list shall designate, where applicable, those who have requested an absentee ballot and the members of the tribe who are or will have attained the age of...


whose name does not appear on the official list of registered voters as well as any written challenge of the right to vote of anyone whose name is on the list. Its decision...


the location of where the results will be posted. The notice shall also advise that persons must register if they intend to vote. The election board shall determine...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR81.15] [Page 251] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 81_TRIBAL REORGANIZATION UNDER A FEDERAL STATUTE--Table of Contents Sec. 81.15 Opening and closing of polls. If polling places are established, the polls shall remain open from 8 a.m. to 7 p.m., local time, unless different hours are set by the election board and the voters are informed of this in the election notice. ...


that all reasonable precautions are taken to ensure that the interpreter does not influence the voter in casting the ballot. The interpreter may accompany the voter...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR81.17] [Page 251] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 81_TRIBAL REORGANIZATION UNDER A FEDERAL STATUTE--Table of Contents Sec. 81.17 Electioneering. There shall be no electioneering during voting hours within 50 feet of any voting place. Sample ballots will be permitted in the voting booth. ...


officials their names and addresses, signing their signature or mark on the voting list, and by marking and placing in the ballot box the ballots which will be handed...


whenever, due to temporary absence from the reservation, illness, or physical disability, a registered and otherwise eligible voter is not able to vote at the polls...


more than two alternatives. For example, if a tribal council or the petitioners propose to reduce the one-half degree blood quantum required to qualify for membership but want...


voter regarding spoiled and mutilated ballots, they are to be counted for purposes of determining whether the required percentage of voters have cast their ballots in the...


the election results by filing with the Secretary through the officer in charge the grounds for the challenge, together with substantiating evidence. If in the opinion...


tribal headquarters, and at other appropriate public places determined by the election board. (b) The election board shall certify the results of the election on...


the authorizing officer following receipt of the original text of the material voted upon and the original of the Certificate of Results of Election from the officer...


to tribal groups. 82.4 Entitlement to petition. 82.5 Sufficiency of a petition. 82.6 Petition format. 82.7 Notarization of petition...


the formulation and submission of petitions requesting the Secretary or the Commissioner to call elections to amend tribal constitutions, to issue charters pursuant to a...


any tribe which provides in its constitution for petitioning the Secretary or the Commissioner to call elections to amend the tribal constitution; (b) To any tribe...


tribe shall be entitled to sign petitions to effect actions by the Secretary or Commissioner within the scope of Sec. 82.2; provided, that where a tribe is reorganized pursuant...


to this part shall be based upon a number determined by the local Bureau official: (1) By consultation with the tribal governing body regarding the current...


signatures of the petitioners. However, each sheet of a petition must set forth at least a summary of the objectives of the petitioners and must show the date upon...


in one of the following ways: (1) Through having each signer subscribe or acknowledge his/her signature before a notary public; (2) Through having...


the local Bureau official having administrative jurisdiction over the tribe. No petitions will be accepted until a spokesman for the petitioners declares that he/she wishes...


immediately have copies made of the petition and its signatures. The local Bureau official shall keep these copies at the Agency or field office for 15 days following the...


Bureau official shall forward to the Area Director, or when the Area Director is the local Bureau official, directly to the Commissioner, the original of the petition and...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR82.11] [Page 256] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 82_PETITIONING PROCEDURES FOR TRIBES REORGANIZED UNDER FEDERAL STATUTE AND OTHER ORGANIZED TRIBES--Table of Contents Sec. 82.11 Duration of petition. Any petition submitted under this part, shall be considered only for the purpose stated therein. Once a petition has been acted upon, it shall not be used again. [[Page 257]] ...


a letter of intent. 83.5 Duties of the Department. 83.6 General provisions for the documented petition. 83.7 Mandatory criteria for Federal...


acknowledging that certain American Indian groups exist as tribes. Acknowledgment of tribal existence by the Department is a prerequisite to the protection, services, and benefits...


continental United States which are not currently acknowledged as Indian tribes by the Department. It is intended to apply to groups that can establish a substantially continuous...


should be acknowledged as an Indian tribe and that it can satisfy the criteria in Sec. 83.7 may submit a letter of intent. (b) Letters of intent requesting...


frequently than every three years, a list of all Indian tribes entitled to receive services from the Bureau by virtue of their status as Indian tribes. The list may be...


form that contains detailed, specific evidence in support of a request to the Secretary to acknowledge tribal existence. (b) The documented petition must include...


petitioner has been identified as an American Indian entity on a substantially continuous basis since 1900. Evidence that the group's character as an Indian entity has from time...


of the tribal character of a petitioner to the date of the last such previous acknowledgment. If a petitioner provides substantial evidence of unambiguous...


a documented petition if a letter of intent has not previously been received and noticed, the Assistant Secretary shall acknowledge such receipt in writing and shall...


Secretary shall cause a review to be conducted to determine whether the petitioner is entitled to be acknowledged as an Indian tribe. The review shall...


Secretary's determination in the Federal Register, the petitioner or any interested party may file a request for reconsideration with the Interior Board of Indian...


an Indian tribe, it shall be considered eligible for the services and benefits from the Federal government that are available to other federally recognized tribes. The...


approved by the Office of Management and Budget under 44 U.S.C. 3501 et seq. and assigned clearance number 1076-0104. The information will be used to establish...


types of contracts and agreements require Secretarial approval under this part? 84.004 Are there types of contracts and agreements that do not require ...


106-179, which amends section 2103 of the Revised Statutes, found at 25 U.S.C. 81. Encumber means to attach a claim, lien, charge, right of entry...


and agreements entered into by an Indian tribe that encumber trial lands for a period of seven or more years require Secretarial approval under...


contracts or agreements do not require Secretarial approval under this part: (a) Contracts or agreements otherwise reviewed and approved by the Secretary under this title...


not approve contracts or agreements that do not encumber tribal lands for a period of seven or more years. Within thirty days after receipt of final, executed documents,...


(a) The Secretary will disapprove a contract or agreement that requires Secretarial approval under this part if the Secretary determines that such contract or agreement: ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR84.007] [Page 272] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 84_ENCUMBRANCES OF TRIBAL LAND_CONTRACT APPROVALS--Table of Contents Sec. 84.007 What is the status of a contract or agreement that requires Secretarial approval under this part but has not yet been approved? A contract or agreement that requires Secretarial approval under this part is not valid until the Secretary approves it. ...


If the Secretary disapproves a contract or agreement that requires Secretarial approval under this part, the contract or agreement is invalid as a matter...


of proposed plan by Secretary. 87.6 Extension of period for submitting plans. 87.7 Submittal of proposed legislation by Secretary. 87.8 Enrollment aspects...


all judgment funds awarded from the date of the Act to Indian tribes and groups by the Indian Claims Commission or the United States Court of Claims, excepting any tribe or...


or present day beneficiaries of judgments. Such research shall be done under the direction of the Commissioner of Indian Affairs. The affected tribes or groups shall...


tribal proposal(s), the Area Director, or such other official of the Department of the Interior as he shall designate to act for him, shall hold a hearing of record to...


the review of the Secretary. Pertinent materials shall include: (a) The tribal use or distribution proposal or any alternate proposals; (b) A copy of...


may be requested by the Secretary or by the governing body of any affected tribe or group submitting such request to both Congressional Committees through the Secretary, and any...


a plan, the Secretary shall simultaneously submit proposed legislation authorizing the use or distribution of the funds, together with a report thereon, to the Chairmen...


regulations shall be implemented through the publication of such rules and regulations in the Federal Register. Persons not members of organized or recognized tribes and...


the following: the percentage of tribal members residing on or near the subject reservation, including former reservation areas in Oklahoma, or Alaska Native villages;...


(a) The per capita shares of living competent adults shall be paid directly to them. The shares of minors, legal incompetents and deceased individual beneficiaries, enhanced...


enactment of legislation authorizing the use or distribution of the funds, the Commissioner shall invest such funds pursuant to 25 U.S.C. 162a. Investments of judgment funds and...


in the plan submitted by the Secretary for the implementation of all programing and enrollment aspects of a plan. At any time within one calendar year after the approval date of...


Authority: 5 U.S.C. 301. Cross References: For law and order regulations on Indian reservations, see part 11 of this chapter. For probate procedure,...


tribes or desiring to represent individual claimants before the Indian Bureau shall be required to comply fully with the regulations of the Department promulgated September...


the Choctaw, Chickasaw, Cherokee, Creek, or Seminole Tribes or Nations, also known as the Five Civilized Tribes, shall be in strict compliance with the requirements of...


Tribes in matters of importance may, when it is found there is a substantial need and demand therefor, negotiate and contract for services of a tribal counsel or...


tribal officer to the Superintendent. Such notice shall be accompanied by a full statement concerning the need for retaining counsel or specialists, as the case may be,...


to the Area Director through the Superintendent having jurisdiction over said tribe. [37 FR 10440, May 23, 1972. Redesignated at 47 FR 13327, Mar. 30,...


desires, obtain a tentative form of contract by written application to the office of the appropriate Agency Superintendent. Requests for forms for an attorney contract...


the Area Director. [37 FR 10440, May 23, 1972. Redesignated at 47 FR 13327, Mar. 30, 1982] Payment of Tribal Attorney Fees With Appropriated Funds ...


private counsel employed by tribes when such tribe is financially able and elects to do so, or (b) By the United States as trustee through the Office of the Solicitor...


by Sec. 89.43 may, in his/her discretion, authorize the direct or indirect expenditure of appropriated funds to pay reasonable attorney's fees in order to permit an...


for a tribe. (a) The merits of the legal position which the tribe asserts. Greater weight will be given to those cases where the tribe's legal argument...


under 44 U.S.C. 3051 et seq., because it is anticipated there will be fewer than 10 respondents annually. (a) A tribe or other organization seeking funds under Sec....


Eligibility 90.21 General. Elections 90.30 Nominating conventions...


a quadrennial election of officers of the Osage Tribe as follows: A principal chief, an assistant principal chief, and eight members of the Osage tribal council, to succeed...


roll at the Osage Agency as of the last quarterly payment immediately preceding the date of election will be entitled to hold office or vote for any tribal...


is held, and there shall be written reports of such conventions, duly certified by the secretary or presiding officer showing total number of qualified voters...


March 2, 1929 (45 Stat. 1478), as amended by the act of August 28, 1957 (71 Stat. 471), is covered in the regulations set forth in this part. The next election will be held on...


sixty-five days preceding the day appointed by law for the holding of an election of officers of the Osage Tribe, issue in the form and manner prescribed in Sec. 90.37,...


by the regulations in this part. Each watcher and challenger shall be appointed in writing by the candidate or political party he or she represents. The watchers...


Such list shall set forth only the name and last known address of each voter. The Superintendent shall furnish copies of the list to the Supervisor of the election board...


complaints will be heard. The election board shall, at least three days before the date of election, determine any claim or challenge as to the right of any person to be...


nominating candidates, and closing date for same, method of locating each name on the ballot and the names of each member of the election board. As soon as possible a copy...


else is in readiness for the opening of the poll the supervisor shall open the ballot box in view of the other election officers, shall turn same top down to show that no...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR90.39] [Page 283] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 90_ELECTION OF OFFICERS OF THE OSAGE TRIBE--Table of Contents Sec. 90.39 Voters to announce name and residence. Each voter shall upon presenting himself to vote announce to the clerk his name, and address. ...


been nominated and also space for showing the value of the respective ballots. The Superintendent shall have recorded on a detachable portion of each ballot the name of...


by absentee ballot. Absentee ballots shall be identical to the ballots described in Sec. 90.40 with the exception that each such ballot shall be stamped ``Absentee Ballot,''...


election at which time the supervisor or assistant supervisor of the election board, accompanied by the Superintendent of the Osage Agency or his designated representatives,...


and not less than two judges shall remain continuously in the room until the ballots are finally counted. One or more judges shall act as official counters and two or...


and certifying to the correct tabulation of the votes for each candidate. The statement shall also set forth the names of the elected candidates...


the duty of the supervisor to request the detail of a police officer to assist him in maintaining order about the building during the progress of...


of their election to the various tribal offices and as soon thereafter as practicable such tribal officers shall appear and subscribe to oath of office before an...


challenge to the correctness of the vote cast for the office for which he was a candidate, which challenge must be accompanied by a deposit of $500. The election board or...


contest, a true copy of said written application, the original of which is required to be filed with the supervisor. Said service shall be made in person, where...


by the Superintendent under Sec. 90.32, stationery supplies, meals, printing and postage shall be borne by the Osage Tribe as set forth in an appropriate Osage...


of village reserves. 91.5 Tracts reserved from selection by individuals. 91.6 Custody of public buildings and tracts reserved from selection by individuals;...


(b) Superintendent means the Superintendent or other officer in charge of Osage Agency. (c) Council means the Osage Tribal Council, that elected...


Stat. 1034), set aside certain tribal lands exclusively as dwelling sites for the use and benefit of the Osage Indians until January 1, 1984, unless otherwise provided by Act...


Village, certified by Ralph M. Tolson, Registered Engineer, on July 5, 1966, are the official plats of dedication of said villages and shall be filed of record with the county...


are reserved from selection by individuals and are set aside for sepultural use or for public use by tribal members: (a) Grayhorse Indian Village: (1)...


(3) villages described herein shall organize a village committee to provide for the health, safety and welfare of its inhabitants, for the maintenance of tribal property, and...


village reserve described in Sec. 91.3 except tracts reserved for specific purposes by Sec. 91.5 will be under the jurisdiction of the Superintendent. Permits may be...


289]] be sold, mortgaged, transferred or assigned without the approval of the Superintendent. (a) Improvements may be mortgaged for home...


in probate matters, be subject to the jurisdiction of the county courts, State of Oklahoma, and shall be subject to inheritance or bequest in accordance with...


year improvements located on land held under valid permit, subject to renewal in the discretion of the Superintendent, upon written application by the owner of such improvements...


that unassigned lots or unplatted areas enclosed by adequate fences may be leased by the village committee with the approval of the Superintendent and the proceeds...


a village reserve and no public buildings shall be erected on lands within the boundaries of a village reserve except on tracts described in Sec. 91.5 maintained for the...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR91.13] [Page 290] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 91_GOVERNMENT OF INDIAN VILLAGES, OSAGE RESERVATION, OKLAHOMA --Table of Contents Sec. 91.13 Health, sanitation, and sewerage disposal. Health, sanitation, and sewerage disposal problems within the village reserves shall be subject to and controlled by applicable County and State laws. ...


description of lots held, which descriptions shall conform to the plats certified July 5, 1966. Said list shall be [[Page 291]] served by certified mail on the...


Secretary of the Interior: Provided, That such amendments or suspension shall not serve to change the terms or conditions of any mortgage approved in accordance with...


loan program. 101.4 Applications. 101.5 Approval of loans. 101.6 Modification of loans. 101.7 Management and technical assistance. 101.8 Environmental and Flood...


development on Indian reservations. (a) Loans may be made by the United States to eligible relending organizations for relending to members for economic enterprises and...


and relending organizations, and corporations, cooperative associations and partnerships having a form of organization satisfactory to the Commissioner. Loans may be...


under this part will submit an application on a form approved by the Commissioner. Applications shall include the name, current address and telephone number of...


executed on a form approved by the Commissioner. On direct United States loans, the Commissioner will approve the loan by issuing a commitment order covering the terms...


agreement must be requested in writing by the borrower and approved by the Commissioner. The borrower will submit the request for modification and will indicate the...


economic enterprise, the Commissioner will assure under title V of the Indian Financing Act of 1974 that competent management and technical assistance is available to the loan...


of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234, 87 Stat. 975), the National Environmental Policy Act of 1969 (Pub. L. 91-190), (42 U.S.C. 4321) and Executive...


to provide additional loan funds which will involve excavations, road or street construction, land development or disturbance of land on known or reported historical...


subject to the provisions of Federal Reserve Regulation Z (Truth In Lending, 12 CFR part 226; Pub. L. 91-508, 84 Stat. 1127). Economic enterprises which extend credit...


the Treasury in accordance with section 104, title I, of the Indian Financing Act of 1974 (Pub. L. 93-262, 88 Stat. 77). The interest rate shall be determined monthly and shall...


individual Indians for financing economic enterprises, and to relending organizations, will require that borrowers establish and maintain accounting and operating...


will not preclude the making of a loan if the proposed use of the funds is sound and the information in the application and supporting papers correctly show that...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR101.14] [Page 299] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 101_LOANS TO INDIANS FROM THE REVOLVING LOAN FUND--Table of Contents Sec. 101.14 Maturity. The maturity of any United States direct loan shall not exceed thiry years. Loans made will be scheduled for repayment at the earliest possible date consistent with the purpose of the loan and the repayment capacity of the borrower. ...


the part of a borrower to conform to the terms of the loan agreement will be deemed grounds for the taking of any one or all of the following steps by the Commissioner: ...


will follow prudent lending practices in making and servicing loans and take appropriate actions to protect their interests in the security given to secure repayment of...


whole or in part or is collectable only at an unreasonable cost, or when such action would be in the best interest of the United States, the Secretary may cancel, adjust,...


funds may, when approved by the Commissioner, chargeoff as uncollectible all or part of the balance of principal and interest owing on [[Page...


it to a third party without the consent of the Commissioner. Relending organizations which are conducting relending programs may not assign the loan agreements of borrowers, or...


Commissioner. The Commissioner may authorize such lenders to approve applications for particular types of loans up to a specified amount. (b) Loans shall be secured by...


of the Bureau of Indian Affairs who shall issue an official receipt for the repayment and deposit the collection into the revolving loan fund. Collections will first...


will be made to the officers of the lending organization or individuals designated and authorized in a declaration of policy and plan of operation. Collections on loans...


require approval of the Commissioner if they make application for a revolving credit loan. [40 FR 3587, Jan. 23, 1975. Redesignated at 47 FR 13327, Mar. 30,...


other identifiable groups of Indians from funds authorized and appropriated under the provisions of section 1 of the Act of November 4, 1963 (Pub. L. 88-168, 77 Stat. 301;...


by the Office of Management and Budget under 44 U.S.C. 3501 et seq. and assigned clearance number 1076-0020. The information will be used to rate applicants in...


Provisions Sec. 103.1 What does this part do? 103.2 Who does the Program help? 103.3 Who administers the Program? 103.4 What kinds of loans will BIA guarantee...


borrowers to develop viable Indian businesses through conventional lender financing. The direct function of the Program is to help lenders reduce excessive risks on...


rests with the Secretary, who may exercise that authority directly at any time. Absent a direct exercise of authority, however, the Secretary delegates Program...


guarantee or insure any loan made by an eligible lender to an eligible borrower to conduct a lawful business organized for profit. There are several important exceptions: ...


loan or combination of loans of up to $500,000 for an individual Indian, or more for an acceptable Indian business entity, Tribe, or tribal enterprise involving two or...


to 90 percent of the unpaid principal and accrued interest due on a loan. (b) BIA can insure up to the lesser of: (1) 90 percent of the unpaid principal and...


be projected to have at least 20 percent equity in the business being financed, immediately after the loan is funded. If a substantial portion of the loan is for...


lender a premium for a guaranty or insurance coverage. (a) The premium is: (1) Two percent of the portion of the original loan principal amount that BIA...


is responsible for determining whether it will require a BIA guaranty or insurance coverage, based upon the loan application it receives from an eligible borrower. If the...


(a) Except as specified in paragraph (b) of this section, a lender is eligible under the Program, and may be considered for BIA approval, if the lender is: (1) Regularly...


(a) BIA approves each lender by entering into a loan guaranty agreement and/or a loan insurance agreement with it. BIA may provide up to three different levels of approval for a...


To apply for a loan guaranty, a BIA-approved lender must submit to BIA a loan guaranty application request form, together with each of the following: (a) A written...


BIA-approved lenders can make loans insured under the Program in two ways, depending on the size of the loan: (a) For loans in an original principal amount of up to $100,000...


the lender to provide additional information, whenever BIA believes it needs the information to properly evaluate a new lender, guaranty application, or insurance...


guaranteed or insured under the Program may not contain: (a) Charges by the lender styled as ``points,'' loan origination fees, or any similar fees (however...


(a) BIA reviews each guaranty or insurance application, and may evaluate each loan application independently from the lender. BIA bases its loan guaranty...


loan? (a) BIA officials or their representatives may attend the closing of any loan or loan modification that BIA agrees to guarantee or insure. For guaranteed loans,...


(a) A loan is guaranteed under the Program when all of the following occur: (1) BIA issues a signed loan guaranty certificate bearing a series number, an...


The premium is due within 30 calendar days of the loan closing. If not paid on time, BIA will send the lender written notice by certified mail (return...


the benefit of the borrower, to reimburse part of the interest payments the borrower has made on a loan guaranteed or insured under the Program. It is available to...


(a) An eligible lender must request interest subsidy payments on behalf of an eligible borrower, after determining that the borrower qualifies. Typically,...


should equal the difference between the lender's rate of interest and the rate determined in accordance with 25 U.S.C. 1464. BIA will fix the amount of interest subsidy as...


reports at least quarterly on the borrower's loan payment history, together with a calculation of the interest subsidy then due. The lender's reports and calculation do not have...


subsidy payments for the term of the loan, up to 3 years. If interest subsidy payments still are justified, the lender may apply for up to two 1-year extensions of this...


A borrower is eligible for a BIA-guaranteed or insured loan if the borrower is: (1) An Indian individual; (2) An Indian-owned business entity organized under Federal,...


The lender may use any form of loan application it chooses. However, the borrower must supply the lender the information listed in this section in order for BIA to process...


loan funds to use? A borrower may seek BIA's assistance when preparing a loan application or when planning business operations, including assistance identifying...


(a) A lender may transfer one or more interests in a guaranteed loan to another person or persons, as long as the parties have in place an agreement that designates one person...


of its rights in a guaranteed loan to any other person. The acquiring person must send BIA written notice of the transfer, describing the borrower, the loan, BIA's loan...


all loans guaranteed or insured under the Program in a commercially reasonable manner, in accordance with standards and procedures adopted by prudent lenders in the BIA...


a loan that is guaranteed or insured under the Program, BIA has no responsibility for decisions concerning it, except for: (a) Any approvals required under this part; ...


For every loan guaranteed or insured under the Program, the lender must maintain: (a) BIA's original loan guaranty certificate or insurance coverage...


the borrower's loan payment history so that BIA can recalculate the government's contingent liability. Loan payment history reports must be quarterly unless BIA...


(a) The lender must obtain written BIA approval before modifying a loan guaranteed or insured under the Program, if the change will: (1) Increase the...


(a) The lender must send written notice of the default to the borrower, and otherwise meet the standard of care established for the lender in this part. The lender's notice to...


the loan? (a) The lender may grant the borrower a temporary forbearance, even beyond any default cure periods specified in the loan documents, if...


or loan insurance coverage? (a) For guaranteed loans, the lender must submit a claim for its loss on a form approved by BIA. (1) If the lender makes...


When BIA pays the lender on its claim for loss, the lender must sign and deliver to BIA an assignment of rights to its loan agreement with the borrower, in a...


may deny all or part of a lender's claim for loss when: (a) The loan is not guaranteed or insured as indicated in Sec. 103.18; (b) The guarantee or insurance coverage...


(a) BIA will not reduce or deny payment solely on the basis of Sec. Sec. 103.39(c) or (e) when the lender making the claim for loss: (1) Is a person to whom a previous...


to reducing or eliminating payment on a specific claim for loss, BIA may either temporarily suspend, or permanently bar, a lender from making or acquiring loans under the...


A lender must comply in general with Program requirements during: (1) The effective period of its loan guaranty agreement or loan insurance agreement; and (2)...


and promptly release of record all remaining collateral for a guaranteed or insured loan after the loan has been paid in full. The release must be at the lender's sole...


of Indian Affairs within the United States Department of the Interior. Default means: (1) The borrower's failure to make a scheduled loan payment when it...


of Sec. Sec. 103.11, 103.12, 103.13, 103.14, 103.17, 103.21, 103.23, 103.26, 103.32, 103.33, 103.34, 103.35, 103.36, 103.37, and 103.38 have been approved by the...


check. 111.4 Election of shareholders. 111.5 Future payments. Authority: 5 U.S.C. 301. Source: 22 FR 10549, Dec. 24, 1957, unless otherwise...


a recognized member of the tribe even though she left it after marriage and lived away from the reservation, the children of such a marriage should be enrolled--and, also...


order of the enrollee and given or sent directly to him. Powers of attorney and orders given by an Indian to another person for his share in [[Page 321]] a...


to elect with which tribe he wishes to be enrolled and to relinquish in writing his claims to payments to the other. In the case of a minor the election will be made by...


2, 1907 (34 Stat. 1221; 25 U.S.C. 119, 121), as amended by the act of May 18, 1916 (39 Stat. 128), will not be permitted to participate in future payments made from...


Subpart A_Purpose, Definitions, and Public Information Sec. 115.001 What is the purpose of this part? 115.002 What definitions do I need to know? ...


part: Account holder means a tribe or a person who owns the funds in a tribal or Individual Indian Money (IIM) account that is maintained by the Secretary. ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR115.100] [Page 326] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 115_TRUST FUNDS FOR TRIBES AND INDIVIDUAL INDIANS--Table of Contents Subpart B_IIM Accounts Sec. 115.100 Osage Agency. The provisions of this part do not apply to funds the deposit or expenditure of which is subject to the provisions of part 117 of this subchapter. ...


have the right to withdraw funds from their accounts. Upon their application, or an application made in their behalf by the Secretary or his authorized representative,...


or under other legal disability may be disbursed for his benefit for such purposes deemed to be for his best interest and welfare, or the funds may be disbursed to a...


or other Government agency pursuant to the Act of February 25, 1933 (47 Stat. 907; 25 U.S.C. 14), may be accepted and administered for the benefit of adult...


his authorized representative against delinquent claims of indebtedness to the United States or any of its agencies or to the tribe of which the individual is a member, unless...


Indian of the Five Civilized Tribes may be disbursed to pay ad valorem and personal property taxes, Federal and State estate and income taxes, obligations approved by the...


(a) The provisions of this section apply to money or other property, except real property, held by the United States in trust for such Indians, which may be used, advanced,...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR115.107] [Page 327] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 115_TRUST FUNDS FOR TRIBES AND INDIVIDUAL INDIANS--Table of Contents Subpart B_IIM Accounts Sec. 115.107 Appeals. Appeals from an action taken by an official of the Bureau of Indian Affairs may be taken pursuant to 25 CFR part 2, subject to the terms of subpart E. ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR115.400] [Page 327] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 115_TRUST FUNDS FOR TRIBES AND INDIVIDUAL INDIANS--Table of Contents Subpart C_IIM Accounts: Minors Sec. 115.400 Will a minor's IIM account always be supervised? Yes, all IIM accounts established by BIA for minors will be a supervised by the BIA. ...


a restricted IIM account from which all disbursements must be made pursuant to a distribution plan approved by the BIA that is established for: (a) A minor, or (b)...


A minor will not have access to information about his or her IIM account without approval of the custodial parent(s) or legal guardian. However, an emancipated minor will...


(a) The parent(s) with legal custody of the minor or the minor's legal guardian will receive a minor's statement of performance at the address of record for the...


A minor's statement of performance will identify the source, type, and status of the funds deposited and held in the account; the beginning balance; the gains and...


We will mail a minor's statement of performance to the address of record quarterly, within and no later than 20 business days after the close of the quarterly...


(a) The custodial parent or the legal guardian must provide an address to the BIA and this address will be the address of record for the minor's supervised account....


(a) To change an address of record for a minor's supervised IIM account, a custodial parent(s), legal guardian, or emancipated minor must provide BIA with the...


BIA? Yes, a minor's supervised account may have more than one address on file with the BIA. We request that the parent, legal guardian, or the person who has...


address for a minor's residence, the custodial parent, legal guardian, or the person who has been recognized by the BIA as having control and custody of the minor must provide BIA...


identification''? BIA or OTFM will accept the following forms of identification as ``verifiable photo identification'': (a) A valid driver's license; (b)...


does not have any verifiable photo identification? If the individual making a request regarding a minor's supervised account does not have any verifiable...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR115.412] [Page 329] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 115_TRUST FUNDS FOR TRIBES AND INDIVIDUAL INDIANS--Table of Contents Subpart C_IIM Accounts: Minors Sec. 115.412 Will child support payments be accepted for deposit into a minor's supervised account? The Secretary will not accept child support payments for deposit into a minor's supervised account. ...


a legal guardian, a person who has been recognized by the BIA as having control and custody of the minor, or an emancipated minor may be eligible to withdraw funds from...


is the form or letter that must be approved by the BIA that specifies the funds to be disbursed from an IIM account. The authorized disbursement request may not be issued...


OTFM will make an authorized disbursement based on the approved distribution plan from a minor's supervised account by: (a) Making a direct deposit to a...


account to a forwarding address left with the United States post office? (a) Federal law does not allow the United States post office to forward checks that...


a distribution plan? Trust money in a minor's supervised account will not be distributed without a review of other resources that may be available to meet the needs...


or more of the following types of trust funds: (a) Judgment per capita funds: Withdrawals may only be made upon BIA [[Page 330]] approval of an application made...


develop a minor's distribution plan for approval by the BIA after evaluating the needs of the minor in consultation with a custodial parent, a legal guardian, the person...


included in the evaluation? When developing a minor's distribution plan, the following information must be considered and included in the evaluation: ...


that will be provided to OTFM? A minor's distribution plan must contain the following: (a) A copy of any custodial order or guardianship order from a court...


as having control and custody of the minor, or an emancipated minor, what are your responsibilities if you receive trust funds from a minor's supervised account? ...


may BIA authorize the disbursement of funds from a minor's supervised account without your knowledge? At the Secretary's discretion, the BIA may authorize...


the plan? The BIA-approved distribution plan will be provided to: (a) The custodial parent; or (b) A legal guardian; or (c) At the...


or an individual has acted improperly in regard to his or her duties involving a minor's trust funds? If we find that a distribution plan has not been followed or that...


account? The BIA's responsibility in regard to the management of a minor's supervised account is to: (a) Review and approve the evaluation and the...


A BIA social worker with an MSW will conduct an annual review of minors' supervised accounts by: (a) Verifying that all receipts for disbursements made under...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR115.428] [Page 332] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 115_TRUST FUNDS FOR TRIBES AND INDIVIDUAL INDIANS--Table of Contents Subpart C_IIM Accounts: Minors Sec. 115.428 Will you automatically receive all of your trust funds when you reach the age of 18? No, we will not automatically send your trust funds to you when you reach the age of 18. ...


You must contact OTFM to request withdrawal of any or all of your trust funds that may be available to you. OTFM may require certain information from you to...


Your account will no longer be supervised when you reach the age of 18 unless statutory language or a tribal resolution specifies an age other than 18 years of age...


If you are an emancipated minor, you may have access to some or all of your trust funds as follows: (a) For judgment per capita funds: you may not...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR115.500] [Page 333] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 115_TRUST FUNDS FOR TRIBES AND INDIVIDUAL INDIANS--Table of Contents Subpart D_IIM Accounts: Estate Accounts Sec. 115.500 When is an estate account established? An estate account is established when we receive notice of an account holder's death. ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR115.501] [Page 333] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 115_TRUST FUNDS FOR TRIBES AND INDIVIDUAL INDIANS--Table of Contents Subpart D_IIM Accounts: Estate Accounts Sec. 115.501 How long will an estate account remain open? An estate account will remain open until the funds have been distributed in accordance with the distribution and/or probate order. ...


At the end of all probate procedures, funds remaining in a decedent's estate account will be distributed from the decedent's estate account and paid directly to...


but prior to the end of the probate proceedings? (a) If you are responsible for making the funeral arrangements of a decedent who had an IIM account and you have...


will you receive the income? If you have a life estate interest in income-producing trust assets, which is earning income, OTFM will open an IIM-life estate account...


or Sec. 115.104, what procedures must the BIA follow? If under Sec. 115.102 or Sec. 115.104, the BIA has decided to limit your access to your IIM account...


through supervision or an encumbrance? (a) The BIA may restrict your IIM account through supervision if the BIA: (1) Receives an order from a court...


its decision to restrict your IIM account? The BIA will notify you or your guardian, as applicable, of its decision to restrict your IIM account by: (a)...


on your IIM account that is sent by United States certified mail is returned to the BIA as undeliverable for any reason? If BIA's notice of its decision...


account? BIA will authorize OTFM to place a restriction on your IIM account after providing OTFM with supporting documentation (i.e., receipts, notice...


to restrict your IIM account? (a) When the BIA provides notice of its decision to restrict your IIM account by certified mail or personal delivery to you or...


decision to restrict your IIM account during the allotted time period? If you or your guardian, as applicable, do not request a hearing to challenge BIA's decision...


restrict your IIM account? You or your guardian, as applicable, must request a hearing to challenge the BIA's decision to restrict your IIM account from the...


your IIM account, when will BIA conduct the hearing? BIA will conduct a hearing within ten (10) working days from its receipt of a written request from you or...


the hearing? Yes, you or your guardian, as applicable, will be provided the opportunity [[Page 336]] to present testimony and/or evidence as to...


Yes, you or your guardian, as applicable, may present witnesses during a hearing. You are responsible for any and all expenses which may be associated with...


hearing? Yes, you or your guardian, as applicable, may question all opposing witnesses testifying during your hearing. You may also present witnesses to...


Yes, you may have an attorney or other person represent you during your hearing. However, you are responsible for any and all expenses associated with having an attorney...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR115.613] [Page 336] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 115_TRUST FUNDS FOR TRIBES AND INDIVIDUAL INDIANS--Table of Contents Subpart E_IIM Accounts: Hearing Process for Restricting an IIM Account Sec. 115.613 Will the BIA record the hearing? Yes, the BIA will record the hearing. ...


be recorded so that it will be available for review if the hearing process is appealed under Sec. 115.107. The BIA hearing record must be preserved as a...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR115.615] [Page 336] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 115_TRUST FUNDS FOR TRIBES AND INDIVIDUAL INDIANS--Table of Contents Subpart E_IIM Accounts: Hearing Process for Restricting an IIM Account Sec. 115.615 How long after the hearing will BIA make its final decision? BIA will make its final decision within 10 business days of the end of the hearing. ...


BIA's final written decision to the parties involved in the proceeding will include: (a) BIA's decision to remove or retain the restriction on the IIM account; ...


IIM account after your hearing? BIA will provide OTFM with a copy of the distribution plan, after the BIA decides to: (a) Supervise your IIM account. BIA...


decide to encumber your IIM account because of an administrative error which resulted in funds that you do not own being deposited in your account...


continued after your hearing, do you have the right to appeal that decision? Yes, if the BIA decides after your hearing to continue the restriction on...


Sec. 115.107, will the BIA restrict your IIM account during the appeal? Yes, if under Sec. 115.107 you or your guardian, as applicable, decide to appeal the BIA's...


Congress has passed a number of laws that require the Secretary to establish and administer trust fund accounts for Indian tribes and certain individual Indians who have...


Indian trust funds are deposited in tribal accounts, Individual Indian Money (IIM) accounts, and special deposit accounts. The illustration below provides information on...


trust account? We must accept proceed on behalf of tribes or individuals from the following sources: [[Page 339]] [GRAPHIC] [TIFF...


Sec. 115.702? No, we will not accept funds from sources that are not identified in the table in Sec. 115.702 for deposit into a...


pension fund checks/payments even though those funds are not specified in Sec. 115.702? No, we will not accept retirement checks/payments or pension...


assessed by a court of competent jurisdiction? We will accept money awarded or assessed by a court of competent jurisdiction for a cause of action directly related to...


a cause of action involving trust assets, what documentation is required to deposit the trust funds into a trust account? When funds are awarded or assessed by...


trust account? No. The Secretary will not accept administrative fees for deposit into a trust account because administrative fees are not trust funds....


tribes or individual Indians be deposited into a trust account? Trust funds received by the Secretary on behalf of a tribe or individual Indians will be deposited into...


Yes, in accordance with the Trust Reform Act an annual audit will be conducted on trust funds. Each tribe and IIM account holder will be notified when the Secretary has conducted an...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR115.710] [Page 342] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 115_TRUST FUNDS FOR TRIBES AND INDIVIDUAL INDIANS--Table of Contents Subpart F_Trust Fund Accounts: General Information Sec. 115.710 Does money in a trust account earn interest? Yes, all money deposited in a trust account is invested and earns interest or yield returns, or both. ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR115.711] [Page 342] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 115_TRUST FUNDS FOR TRIBES AND INDIVIDUAL INDIANS--Table of Contents Subpart F_Trust Fund Accounts: General Information Sec. 115.711 How is money in a trust account invested? OTFM manages trust fund investments and its investment decisions are governed by federal statute. See 25 U.S.C. Sec. Sec. 161(a) and 162a. ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR115.712] [Page 342] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 115_TRUST FUNDS FOR TRIBES AND INDIVIDUAL INDIANS--Table of Contents Subpart F_Trust Fund Accounts: General Information Sec. 115.712 What is the interest rate earned on money in a trust account? The rate of interest on a trust account changes based on how the money is invested and how those investments perform. ...


Funds must remain on deposit at least one business day before interest is earned. Interest earnings of less than one cent are not credited to...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR115.800] [Page 342] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 115_TRUST FUNDS FOR TRIBES AND INDIVIDUAL INDIANS--Table of Contents Subpart G_Tribal Accounts Sec. 115.800 When does OTFM open a tribal account? A tribal account is opened when OTFM receives income from the sources described in Sec. 115.702. ...


The OTFM is required to provide each tribe with a statement of performance quarterly, within or no later than 20 business days after the close of every quarterly...


more frequently? Yes, a tribe may contact OTFM at any time to: (a) Request information about account transactions and balances; (b) Make arrangements to...


The statement of performance will identify the source, type, and status of the trust funds deposited and held in a trust account; the beginning balance; the gains and losses;...


pay? No, under the Trust Reform Act we are only responsible for accounting for those trust funds received into, and maintained by, the Department's trust...


assets, will we accept those trust funds for deposit into a tribal trust account? If a contract for the sale or use of trust assets specifies that payments are to be...


(a) If the tribe requests assistance or if Congress directs the Secretary to provide assistance, BIA will provide technical assistance on developing a judgment...


Upon the request of a tribe, OTFM will consult with the tribe annually to develop investment strategies to accommodate the cash flow needs of...


fund investments made by OTFM will vary depending on the type of investment and, including but not limited to, the following: (a) Current interest rates; (b)...


Tribes may recommend certain investments to OTFM, but the recommendations must be in accordance with the statutory requirements set forth in 25 U.S.C. Sec. Sec. 161a and 162a....


to withdraw its trust funds from OTFM for investment and management by the tribe. The tribe's request to withdraw funds must be in accordance with the requirements of the...


under the Trust Reform Act? Tribal trust funds withdrawn under the Trust Reform Act may be returned to OTFM under the following conditions: (a) A...


in compliance with statutory language or other federal law? If a tribe's use of trust funds is limited by statutory language or other federal law(s) and a tribe...


tribal trust account? OTFM will only disburse the available balance of the trust funds in a tribal trust account in accordance with a use and distribution plan,...


project, may the tribe redeposit any money that was not used for its intended purpose? A tribe may redeposit funds not used for a particular purpose or...


To request trust funds from a tribal trust account, a tribe may: (a) Make a written request to the BIA or the OTFM that is signed by the proper authorizing official(s), list...


delayed or denied? (a) Action on a tribe's request for a withdrawal of trust funds may be delayed or denied if: (1) The tribe did not submit all the...


OTFM will process the request for disbursement and send the tribe the requested amount of trust funds within one business day. Whenever possible, trust funds...


(a) If an Indian adult does not cash his or her per capita check within twelve (12) months of the date the check was issued, the check will be canceled and the trust...


returned as undeliverable or not cashed within twelve (12) months of issuance? The OTFM will notify a tribe of the names of the individuals whose per capita checks...


Funds in a returned per capita account will not automatically be returned to a tribe. However, a tribe may apply under 25 U.S.C. 164 and Public Law 87-283, 75 Stat....


Generally, any interest earned on trust funds in a special deposit account will follow the principal (i.e., the tribe or individual who owns the trust funds...


out to the owner of the funds? OTFM will disburse the trust funds from a special deposit account and deposit the trust funds in the owner's trust account following...


deposited in a special deposit account? No, administrative or land conveyance fees paid as federal reimbursements may not be deposited with OTFM, which includes...


a special deposit account? No, cash bonds may not be deposited with OTFM, which includes the special deposit accounts at OTFM. Cash bonds held by the Secretary are...


contract instrument involving trust assets, may the BIA deposit that earnest money into a special deposit account? No, any money received prior to Secretarial...


property of the United States if they: (1) Are made or received by a tribe or tribal organization in the conduct of a federal trust function under this part, including...


including tribes and tribal organizations, that have [[Page 346]] records identified in Sec. 115.1000(a) must preserve the records in accordance...


Payment of taxes of adult Indians. 117.3 Payment of taxes of Indians under 21 years of age. 117.4 Disbursement of allowance funds. 117.5 Procedure...


the credit of any adult Indian all taxes of every kind and character for which such Indian is or may be liable before paying to or for such person any funds as required by...


age shall be paid by the superintendent direct to the collector from the rents and income derived from such lands, and the balance, if any, of such rents and income shall be paid...


Indian owner directs otherwise in writing. At the request of the Indian owner, such funds may be retained by the superintendent as voluntary deposits subject to withdrawal...


an adult Indian is wasting or squandering his allowance funds the superintendent may cause an investigation and written report of the facts to be made. If the...


for the support and maintenance of the minor. Disbursement may be made to the parent, guardian, or other person, school or institution having actual custody of the...


surplus funds of Indians shall be made without the consent of [[Page 349]] the Indian owner and until authorization has been obtained from the...


of such Indian for the purchase of land, the title to which has been examined and accepted by the special attorney for the Osage Indians or other legal officer...


one fiscal year from the surplus funds of such Indian to make repairs and improvements to restricted real property and in addition not to exceed $300 for new construction....


the purchase of automotive equipment when the Indian agrees in writing to carry property and liability insurance on the automotive equipment and to reimburse his surplus...


pay the premiums thereon from the funds of the minors. Upon application by an adult Indian the superintendent may procure insurance on any restricted property, real...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR117.12] [Page 349] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 117_DEPOSIT AND EXPENDITURE OF INDIVIDUAL FUNDS OF MEMBERS OF THE Sec. 117.12 Costs of recording and conveyancing. The superintendent may expend the surplus funds of an Indian to make direct payment of recording fees and costs, of conveyancing, including abstracting costs, which are properly payable by the Indian. ...


telegraph messages sent by the agency or received at the agency at the instance of the Indian or his guardian or...


such Indian for the following purposes: (a) Medical, dental, and hospital expenses for the applicant or a member of his family, not to exceed one thousand dollars ($1,000)...


shall be deposited to the credit of the Indian owner as surplus funds. Moneys so deposited to the credit of an adult Indian may, upon the written application of the Indian,...


of the Indian, that reimbursement or repayment shall be made from future allowance funds, the superintendent is authorized to withhold from succeeding quarterly payments...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR117.17] [Page 350] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 117_DEPOSIT AND EXPENDITURE OF INDIVIDUAL FUNDS OF MEMBERS OF THE Sec. 117.17 Inactive surplus funds accounts. When the balance of surplus funds to the credit of an adult Indian is less than $300 and when there is no likelihood of its increase within 90 days, the superintendent may disburse the entire balance to the Indian owner for his unrestricted use. ...


and satisfactory evidence that the withdrawal and payment of such funds would be to the best interest of the Indian in view of all the circumstances shown to exist....


authorized in writing and obligated against their accounts by the superintendent or some other designated employee except in cases of emergency involving the protection...


351]] or for expenditures specifically authorized by the Commissioner. When necessary to prevent hardship or suffering, purchase orders may be issued by...


employment of the attorney by the Indian must be approved in advance. All fees will be determined on a quantum merit basis and paid upon completion of the services....


Indian is under guardianship, be made by the superintendent to the guardian. All expenditures by a guardian of the funds of his ward must be approved in writing by the court...


property, real or personal, by the guardian to or from the ward, or to or from any store, company or organization in which the guardian has a direct interest or concern or contrary...


of an Indian on an annual basis, the amount of the compensation to be determined by application of the following schedule to the moneys collected by the...


all interest and non-liquidating dividends received from all types of securities, including stocks, bonds, and mortgages held in trust for individual Indians and interest on...


the estate of a deceased Indian of one-half or more Indian blood who did not have a certificate of competency at the time of his death, the superintendent may authorize...


who had certificates of competency. Upon the death of an Indian of less than one-half Indian blood or an Indian who had a certificate of competency, the superintendent shall pay...


of one-half or more Indian blood who did not have a certificate of competency at the time of his death sufficient funds out of the estate to pay the following classes...


appraised at not more than $500 and when the owner has submitted a written request that the sale be made and a statement that the improvements can no longer be used by him....


may also approve the sale of livestock when authorized so to do by special or general instructions from the Commissioner. The proceeds from the sale of personal...


by the United States in trust for the Indian when to do so will enable the Indian to use the property as part payment in the purchase of other personal property and when...


the Osage Agency, derived from sources within the Osage Nation and collected through the Osage Agency, may be disbursed by the superintendent, subject to the condition...


other documents by making an imprint of the ball of the right thumb (or the left, if he has lost his right) after his name. This imprint shall be clear and distinct,...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR117.34] [Page 354] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 117_DEPOSIT AND EXPENDITURE OF INDIVIDUAL FUNDS OF MEMBERS OF THE Sec. 117.34 Financial status of Indians confidential. The financial status of Indians shall be regarded as confidential and shall not be disclosed except to the owner of the account or his authorized agent, unless authorized in advance by the Commissioner. ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR117.35] [Page 354] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 117_DEPOSIT AND EXPENDITURE OF INDIVIDUAL FUNDS OF MEMBERS OF THE Sec. 117.35 Appeals. Any decision by the superintendent may be appealed to the area director, any decision by the area director may be appealed to the Commissioner, and any decision by the Commissioner may be appealed to the Secretary. ...


of the Osage Tribal Education Committee. 122.5 Selection/nomination process for committee members. 122.6 Duties of the Osage Tribal Education...


L. 98-605. Allottee means a person whose name appears on the roll of Osage Tribe of Indians approved by the Secretary of the Interior on April 11, 1908, pursuant to the...


approved by the Office of Management and Budget under U.S.C. 3501 et seq. and assigned clearance numbers 1076- 0098 and 1076-0106, respectively. The information collected in...


the direction of the Bureau of Indian Affairs, establish the Osage Tribal Education Committee (OTEC) to fulfill the responsibilities and provisions of this part as set out...


in accordance with the following: (1) Any adult person of Osage Indian blood who is an allottee or a descendant of an allottee is eligible to serve on the...


for educational assistance, the Osage Tribal Education Committee shall maintain an office and retain all official records at the Bureau of Indian Affairs offices...


or to his/her designated representative for formal approval. Unless the Assistant Secretary or his/her designated representative informs the committee in writing...


in the performance of its duties and responsibilities. Recordkeeping is required and proposed expenditures are to be attached with the August 1 proposed annual budget...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR122.9] [Page 356] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 122_MANAGEMENT OF OSAGE JUDGMENT FUNDS FOR EDUCATION --Table of Contents Sec. 122.9 Annual report. The Osage Tribal Education Committee shall submit an annual report on OMB approved Form 1076-0106, Higher Education Annual Report, to the Assistant Secretary or his/her designated representative on or before November 1, for the preceding 12 month period. ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR122.10] [Page 356] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 122_MANAGEMENT OF OSAGE JUDGMENT FUNDS FOR EDUCATION --Table of Contents Sec. 122.10 Appeal. The procedure for appealing any decision regarding the awarding of funds under this part shall be made in accordance with 25 CFR part 2, Appeals from Administrative Action. ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR122.11] [Page 356] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 122_MANAGEMENT OF OSAGE JUDGMENT FUNDS FOR EDUCATION --Table of Contents Sec. 122.11 Applicability. These regulations shall cease upon determination of the legal and appropriate body to administer the fund and upon the establishment of succeeding regulations. ...


received by Federal agencies. 124.3 Proceeds received by the State of Alaska. Authority: 89 Stat. 1145. [[Page 357]] Source: 42...


(1) Agency will prepare Deposit Ticket (SF 215), using Agency Accounting Station Code 14-20-0650. (2) In Block (6) Fund Symbol 14X6140 will be inserted as well as...


responsible for making collections will deposit the proceeds to the credit of the State of Alaska. A check will then be issued, payable to the Treasurer of the United...


reimbursement of irrigation charges; 5 percent per annum of cost of system, June 30, 1920. 134.2 Landowners financially unable...


the regulations in this part owing to the fact that Indians have been financially unable to pay the charges, the result being that the construction charges have accrued...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR134.3] [Page 358] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 134_PARTIAL PAYMENT CONSTRUCTION CHARGES ON INDIAN IRRIGATION PROJECTS--Table of Contents Sec. 134.3 Period for payments extended. Furthermore, in recent legislation dealing with specific projects in the Bureau and also all reclamation projects the policy has been to extend the payment of such charges over a longer period of years. ...


modified so as to distribute the unaccrued installments over a period of time so that 2\1/2\ percent of the total amount yet due shall be due and payable on November 15 of each...


an Indian irrigation proj ect, or unit thereof, subsequent to the determination of the partial per acre construction assessment rate which was fixed prior to July 1,...


engineer of the Indian Irrigation Service having jurisdiction over the irrigation system under which the land for which payment is made may lie. The sum so collected...


or white, or any firm, partnership, corporation, association, or other organization to whom title to the land capable of irrigation, as provided in the act of February 14,...


construction costs against lands in Indian ownership which were unpaid at that date and deferred all future assessments for construction costs until the Indian title to...


Assessed Against Irrigation District Lands Sec. 135.1 Contracts. 135.2 Annual rate of assessments. 135.3 Annual assessments. 135.4 Time of...


Little Horn and Lodge Grass Irrigation District there are 3,196.8 acres for which the District is obligated by contract to pay its proper share of the total construction...


of an annual assessment of $2,108.05 to be repaid by the Lower Little Horn and Lodge Grass Irrigation District for the 3,196.8 acres of irrigable land of the District, and an...


be paid by the Districts to the United States, one-half thereof on or before February 1 and one-half thereof on or before July 1 following, of each year commencing with the...


the due date, there shall be added a penalty of one-half of one percent per month or fraction thereof, from the due date so long as the...


reserved to the United States to refuse the delivery of water [[Page 361]] to each of the said Irrigation Districts in the event of default in the payment...


Private contract lands; assessments. In addition to 4,751.5 acres of non-Indian land included within the two irrigation Districts dealt with in subpart A, there...


Time of payment. The amount of each annual installment, payable under the private landowner contracts, determined as provided in this part shall be paid by...


Penalty. To all assessments not paid on the due date there shall be added a penalty of one-half of one percent per month or fraction thereof, from the due date...


Refusal of water delivery. The right is reserved to refuse the delivery of water to any landowner in the event of default in the payment of assessments,...


Authority: Sec. 9, 46 Stat. 1063. Source: 22 FR 10645, Dec. 24, 1957, unless otherwise noted. Redesignated at 47 FR 13327, Mar. 30, 1982. ...


per acre basis against 60,000 acres, amounts to a rate of $6.986 per acre, which rate is hereby determined to be the per acre cost to be repaid to the United States under...


equal annual installments. Therefore, the annual per acre installment is hereby fixed at seventeen and one- half cents (17\1/2\ cents) per acre, due and payable on December 1st...


charges. 137.4 Future charges. 137.5 Construction costs limited. 137.6 Power development. 137.7 Private ownership defined. 137.8 Indian...


the Secretary of the Interior by public notice to announce when water is actually available for lands in private ownership under the project and the amount of...


with $95.25 of construction cost assessable thereto at the date hereof (Dec. 1, 1932), which sum is based upon 50,000 acres of such privately owned lands, making a total...


of said project as provided for in said section 3 of the act of June 7, 1924 (43 Stat. 476), as supplemented or amended and such contingent project liabilities which...


district, page 13 thereof, contains the following: --------------------------------------------------------------------------- \1\ Contract available at the...


$735,000. The net revenues derived from the operation of this power development shall be disposed of as required by the terms and conditions of the act of March 7, 1928 (45...


lands of the San Carlos irrigation project that have or may be designated by the Secretary of the Interior that are situated outside of the boundaries of the Gila...


payment in advance each year of operation and maintenance charges against lands in Indian ownership operated under lease, does not apply in so far as payments are concerned...


and assessable acreage. 138.2 Repayment of construction costs. 138.3 Payments. 138.4 Deferment of assessments on lands remaining in Indian ownership. 138.5...


at $16.7535. Under the provisions of the acts of February 14, 1920 (41 Stat. 409) and March 7, 1928 (45 Stat. 210) is based on forty equal annual payments,...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR138.3] [Page 364] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 138_REIMBURSEMENT OF CONSTRUCTION COSTS, AHTANUM UNIT, WAPATO INDIAN IRRIGATION PROJECT, WASHINGTON--Table of Contents Sec. 138.3 Payments. Payments are due on December 31 of each year and shall be made to the official in charge of collections for the project. ...


the act of July 1, 1932 (47 Stat. 564); 25 U.S.C. 386(a) no assessment shall be made on behalf of construction costs against Indian-owned land within the project until the...


to non-Indian ownership shall be assessed for construction costs and the first assessment shall be due on December 31 of the year that Indian title is extinguished....


costs and assessable acreage. 139.2 Repayment of construction costs. 139.3 Payments. 139.4 Deferment of assessments on lands remaining in Indian...


Sec. 139.1 is, therefore, calculated at $57.8782 for ``A'' lands and $83.9337 for ``B'' lands in non-Indian ownership as established by Designation Report dated August...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR139.3] [Page 365] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 139_REIMBURSEMENT OF CONSTRUCTION COSTS, WAPATO-SATUS UNIT, WAPATO INDIAN IRRIGATION PROJECT, WASHINGTON--Table of Contents Sec. 139.3 Payments. Payments are due on December 31 of each year and shall be made to the official in charge of collections for the project. ...


In conformity with the act of July 1, 1932 (47 Stat. 564; U.S.C. 386(a)), no assessment shall be made on behalf of construction costs against Indian-owned land within the project until...


passing to non-Indian ownership shall be assessed for construction costs and the first assessment shall be due on December 31 of the year that the Indian title is extinguished....


of Indian Affairs employees not to contract or trade with Indians except in certain cases. 140.9 Application for license. 140.11 License period. 140.12...


of any particular articles, into the country belonging to any Indian tribe, and to direct that all licenses to trade with such tribe be revoked, and all applications...


a trader, or to introduce goods, or to trade therein, without a license, shall forfeit all merchandise offered for sale to the Indians or found in his possession, and...


(1) Indian means any member of an Indian tribe recognized as eligible for the services provided by the Bureau of Indian Affairs who is residing on a Federal Indian...


a firm, the firm name and the name of each member thereof; the place where it is proposed to carry on the trade; the capital to be invested; the names of the clerks to...


conducted. The license period shall correspond to the period of the lease or permit held by the licensee on restricted Indian land, except that where the proposed licensee is...


least 30 days prior to the expiration of the existing license, and the superintendent must report as to the record the applicant has made as a trader and his fitness to...


of the license without applying for renewal, the superintendent will immediately report the facts in the case to the Commissioner of Indian Affairs, who may, if...


stores. A separate license and bond must be furnished for each such store. The business of a licensed trader must be managed by the bonded principal, who must...


for any purpose to any other person or concern, without the approval of the Commissioner of Indian Affairs. A license to trade with Indians does not confer upon the trader...


description which have been purchased or furnished by the Government for the use or welfare of the Indians. Livestock or their increase purchased by the Government and...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR140.17] [Page 369] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 140_LICENSED INDIAN TRADERS--Table of Contents Sec. 140.17 Tobacco sales to minors. No trader shall sell tobacco, cigars, or cigarettes to any Indian under 18 years of age. [[Page 370]] ...


permit to be used any part of his premises for the manufacture, sale, gift, transportation, drinking or storage of intoxicating liquors or beverages in violation of existing...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR140.19] [Page 370] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 140_LICENSED INDIAN TRADERS--Table of Contents Sec. 140.19 Drugs. Traders shall not keep for sale, or sell, give away, or use any opium, chloral, cocaine, peyote or mescal bean, hashish or Indian hemp or marihuana, or any compound containing either ingredient, and for violation hereof the trader's license shall be revoked. ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR140.21] [Page 370] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 140_LICENSED INDIAN TRADERS--Table of Contents Sec. 140.21 Gambling. Gambling, by dice, cards, or in any way whatever, is strictly prohibited in any licensed trader's store or on the premises. ...


this end the traders shall on request submit to the superintendent or inspecting officials the original invoice, showing cost, together with a statement of transportation...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR140.23] [Page 370] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 140_LICENSED INDIAN TRADERS--Table of Contents Sec. 140.23 Credit at trader's risk. Credit given Indians will be at the trader's own risk, as no assistance will be given by Government officials in the collection of debts against Indians. Traders shall not accept pawns or pledges of personal property by Indians to obtain credit or loans. ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR140.24] [Page 370] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 140_LICENSED INDIAN TRADERS--Table of Contents Sec. 140.24 Cash payments only to Indians. Traders must not pay Indians in tokens, tickets, store orders, or anything else of that character. Payment must be made in money, or in credit if the Indian is indebted to the trader. ...


or controlled by the United States. Cross Reference: For regulations pertaining to archaeological resources, see part 262 of this chapter. For regulations of the...


is infested, or infected or which might act as a carrier of any pests of infectious, transmissible, or contagious diseases, as determined by the laws and...


and Construction Guides Sec. 141.1 Purpose. 141.2 Scope. 141.3 Definitions. 141.4 Interpretation and construction. ...


all non-members of the Navajo, Hopi and Zuni Tribes, who engage in retail businesses on the above respective reservations. These regulations do not apply to businesses that...


(a) Annual percentage rate means the annual percentage rate of finance charge determined in accordance with 12 CFR 226.5, which defines annual percentage rates. ...


refers to the Area Director of the Bureau of Indian Affairs or the Administrator of the Joint Use Area of the Bureau of Indian Affairs who has jurisdiction over the land...


(a) No person may own or lease a reservation business without a license issued under the provisions of this subpart. (b) The applicant shall apply in writing on a form provided...


(a) The Commissioner shall approve or deny each license application and notify the applicant no later than thirty (30) days after receipt of a completed application. (b)...


(a) An applicant for a license or renewal of a license to operate a reservation business shall at the time the application is submitted furnish a bond on a form provided by...


A license to operate a reservation business may not be issued unless the applicant has a right to use the land on which the business is to be conducted. The license period...


for renewal of the license to trade shall file an application on a form provided by the Commissioner with the Area Director not less than three (3) months prior to...


(a) Prior to the issuance of an initial license, each licensee who is not a member of the Navajo tribe shall pay the following amount: (1) If the license is issued before July...


(a) The regulations in this part do not preclude the Hopi, Navajo, or Zuni [[Page 375]] tribal councils from assessing and collecting such fees or taxes as they...


paragraph (b) of this section, no peddler may offer goods for sale within the exterior boundaries of the Hopi, Navajo, or Zuni reservations without a peddler's permit. The...


operate a portable dance pavilion, mechanical amusement device such as a ferris wheel or carousel, or commercial games of skill within the exterior boundaries of the Navajo,...


person other than an enrolled member of the tribe or any association, partnership, corporation or business entity wholly owned by enrolled members of the tribe may purchase...


As a condition to doing business on the Hopi or the Zuni Reservation each applicant for license under this part shall, in accordance with the constitutions of...


for sale shall be marked on the article, its containers or in any other manner that is plain and visible to the customer and that affords the customer a reasonable...


shall keep both the premises and the place of business in a clean and sanitary condition at all times and shall avoid exposure of foodstuffs to contamination. No licensee...


Each licensee shall provide during normal business hours an employee authorized in writing to engage in all business transactions that the licensee normally offers...


give a fully negotiable check in addition to U.S. currency when cashing a draft, check or money order. A reservation business may not give scrip, credit or other substitute...


(a) A reservation business shall pay for the purchase of Indian goods or services with cash or a fully negotiable check. A reservation business may not pay for Indian goods...


all trade on the reservation to the premises specified in the license, except, where permitted under Sec. 141.14, the buying and selling of livestock and...


rent, or sell any building that the licensee occupies for any purpose to any person without the approval of the Commissioner and the consent of...


a reservation business shall display in a prominent place a notice that is legible to customers stating the form of the business entity, the names and addresses of all...


of a tribal official designated by the governing body, each licensee shall attend a semi-annual public meeting of a tribal governing body to respond to...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR141.25] [Page 377] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 141_BUSINESS PRACTICES ON THE NAVAJO, HOPI AND ZUNI RESERVATIONS --Table of Contents Subpart C_General Business Practices Sec. 141.25 Withholding of mail prohibited. No owner or employee of a reservation business may open, withhold, or otherwise delay the delivery of mail. ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR141.26] [Page 377] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 141_BUSINESS PRACTICES ON THE NAVAJO, HOPI AND ZUNI RESERVATIONS --Table of Contents Subpart C_General Business Practices Sec. 141.26 Trade in antiquities prohibited. No licensee may knowingly buy, sell, rent or lease any artifact created before 1930 that was removed from an historic ruin or monument. ...


No person may introduce or possess for disposition or sale within the exterior boundaries of the Hopi, Navajo or Zuni Reservations any object that is represented to be an...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR141.28] [Page 377] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 141_BUSINESS PRACTICES ON THE NAVAJO, HOPI AND ZUNI RESERVATIONS --Table of Contents Subpart C_General Business Practices Sec. 141.28 Gambling prohibited. No licensee may permit any person to gamble by dice, cards, or in any way whatever, including the use of any mechanical device, on the premises of any licensed business. ...


owner who is ineligible to vote in a Navajo tribal election may grant or donate any money or goods to any candidate for election to Navajo...


service to any customer for the purpose of retaliating against that customer for enforcing or [[Page 378]] attempting to enforce the regulations of...


(a) Except as authorized in this section, no person employed by the U.S. Government in Indian Affairs may have any interest in any trade with an Indian or an Indian...


(a) No person may accept pawns or pledges of personal property as security for monies or accounts due by an Indian within the exterior boundaries of the Navajo, Hopi or...


of an initial pawnbroker license, each licensee who is not a member of the Navajo Tribe shall pay the following amount: (1) If the license is issued before July 1,...


written record of the following information: (a) Transaction number. (b) Name of pledgor. (c) Address of pledgor. (d) Census number or social security...


which pawn is taken the lender shall give the borrower a written ticket or receipt disclosing the following information to the extent applicable: (a)...


No pawnbroker may impose an annual finance charge greater than twenty-four percent (24 percent) of the unpaid balance for the period of the loan nor assess late charges or...


(b) of this section, the pledgor may prepay in full or in any part the unpaid balance of a loan at any time without penalty. (b) When a loan is prepaid the lender...


of all loans secured by pawn and for which a finance charge is imposed shall be paid only in cash or with a fully negotiable check. (b) The period of all such loans...


has expired and notice as required under Sec. 141.38 of this part has been sent and received, the pledgee may proceed with the sale of the pawn. (b) The pawn shall...


be deducted from the proceeds of the sale of pawned items in the following order of priority: (1) The expense of advertising and conducting the sale, not to exceed...


be refinanced, either with or without an increase in the principal amount of the loan, prior to or following the date of expiration of the original period of the loan upon...


not be denied on the sole ground that the pledgor is unable to produce a receipt or pawn ticket, provided the pledgor gives a reasonable description of the pawned item or makes...


tenders payment to be applied toward redemption of a pawned item, it shall be so applied by the pledgee, irrespective of other outstanding obligations owed by the pledgor to...


who lends money or extends credit with personal property as security and holds such property as a pledge shall maintain invault all risk insurance coverage running in favor...


Any reservation business offering credit which is not secured by pawn shall provide an application for credit to any customer requesting credit. Within thirty (30) days of the date...


of a credit application the lender shall give the applicant the following information where applicable in a written disclosure statement: (a) The maximum credit limit...


accounts on which a finance charge may be imposed and for all other credit accounts when requested by the customer, a licensee shall issue a monthly billing statement to...


Disclosure required by Sec. Sec. 141.46 and 141.47 shall be made in writing regardless of the customer's ability to speak, read, or write the English language. Disclosure...


may take or receive money, goods, or other things of value for a loan or forbearance on a debt that exceeds in value the principal plus twenty-four percent (24 percent) per...


Any person other than an enrolled member of the tribe who either resides as a reservation business owner within the exterior boundaries of the Navajo, Hopi, or Zuni...


The Commissioner shall close any reservation business subject to the provisions of this part that does not hold a valid license or...


The reservation business owner is subject to revocation of license and lease and recovery on the bond in whole or in part in the event of any violation of...


believes that violation of the regulations in this part is occurring, the Commissioner may order the person believed to be in violation to show cause according to...


Commissioner shall review licenses at ten (10) year intervals to determine whether or not the business is operating in accordance with these regulations and all other applicable...


reservation business may not charge its customers unfair or unreasonable prices. To insure compliance with this section, the Commissioner shall perform audits as provided in Sec....


Commissioner believes there has been a violation of this part [[Page 384]] the Commissioner shall serve the licensee with written notice setting forth in detail...


(a) Any surety who wishes to be relieved from liability arising on a bond issued under this part shall file with the Commissioner a statement in writing setting forth the desire...


owners. (a) The Commissioner may, in consultation with interested persons and agencies, promulgate a model bookkeeping system for use in reservation...


(a) Any customer of a licensee may file a complaint with the Commissioner alleging that the licensee has committed a violation of this part. [[Page 385]] (b)...


Alaska Resupply Operation? 142.4 For whom is the Alaska Resupply Operation operated? 142.5 Who determines the rates and conditions of service of the Alaska ...


necessary transportation services from Seattle, Washington to and from other points in Alaska or en route in support of the Bureau's mission...


the operation of the Alaska Resupply Operation, including the management of all facilities and equipment, personnel, and procurement of goods and services. (a) The...


materials, and to order, receive, stage, package, store and transport these goods and materials for: (a) Alaska Native Tribes, Alaska Natives, Indian or...


establish rates and conditions for users of the Alaska Resupply Operation is delegated to the Area Director. (a) The Manager must develop a tariff that establishes...


to ensure the most economical service to the Alaska Natives, Indian or Native owned businesses, profit or nonprofit Alaska Native corporations, Native...


consideration lifestyle, timing and other needs of the user. Where practical, shipping must be by consolidated shipment that takes advantage of economies of scale...


utilize the most economical delivery. This may be accomplished by memoranda of agreement, formal contracts, or cooperative arrangements. Whenever possible...


a permit or similar instrument. (b) The Seattle Support Center must prepare proper manifests of the freight accepted at the facility or other designated location....


any pickup, delivery, staging, sorting, consolidating, packaging, crating, boxing, containerizing, and marking that may be deemed necessary by...


Payments Act, Debt Collection Act of 1982, 4 CFR Ch. II--Federal Claims Collection Standards, and other like acts apply to the Alaska Resupply Operation. (b)...


freight is limited by 46 U.S.C. 746 and the Carriage of Goods by Sea Act (46 U.S.C. 1300 et seq.). The terms of such limitation of liability must be contained in any document of...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR142.13] [Page 387] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 142_ALASKA RESUPPLY OPERATION--Table of Contents Sec. 142.13 Information collection. In accordance with Office of Management and Budget regulations in 5 CFR 1320.4, approval of information collections contained in this regulation is not required. ...


Charges. 143.5 Payment. Authority: 31 U.S.C. 9701; 25 U.S.C. 2, 13, 413. Source: 55 FR 19621, May 10, 1990, unless...


and collection of charges for goods/services provided to non-Federal users. (b) The Assistant Secretary may sell or contract to sell to non- Federal users within, or in...


by the Assistant Secretary for the goods/services. This agreement shall contain the following statement: ``Application for ----------...


(including both direct and indirect) of goods/services to the Government at that locale. A schedule of charges will be made available to the public upon request. (b)...


the goods/services being provided. (b) Payment is due within 30 days after the billing date. (c) Upon non-payment by the non-Federal user, the Assistant Secretary...


and service areas for land titles and records offices. 150.5 Other Bureau offices with title service responsibility. 150.6 Recordation of title...


is the Commissioner of Indian Affairs or his authorized representative. (c) Agency is an Indian Agency or other field unit of the Bureau of Indian Affairs...


record for land records and title documents and are hereby charged with the Federal responsibility to record, provide custody, and maintain records that affect titles to Indian...


served by each office. (a) Aberdeen, S. Dakota Office provides title service for Indian land located under the jurisdiction of the Aberdeen and Minneapolis...


all Indian land of the Five Civilized Tribes. The regulations in this part apply to the Muskogee Area Office to the extent that they relate to the title services performed by...


after final approval, issuance, or acceptance. Bureau officials delegated authority by the Secretary to approve title documents or accept title are responsible for...


record discovered during the recording of title documents or examination of titles. (a) If an error is traced to a defective title document other than probate rec ords,...


request to those persons authorized by law to receive such information. Requests for title status reports shall be submitted by or through the Bureau office that...


to assist Bureau personnel in the execution of their title service responsibilities. Base maps shall be prepared from plats of official survey made by the General...


seal was created for the use of the Commissioner of Indian Affairs in authenticating and certifying copies of Bureau records. Managers of Land [[Page...


on the ability of the public to consult the records contained therein. It is therefore, the policy of the Bureau of Indian Affairs to allow access to land records and...


lands owned in fee by an Indian. 151.5 Trust acquisitions in Oklahoma under section 5 of the I.R.A. 151.6 Exchanges. 151.7 Acquisition of fractional interests. 151.8...


rancheria, colony, or other group of Indians, including the Metlakatla Indian Community of the Annette Island Reserve, which is recognized by the Secretary as...


is authorized by an act of Congress. No acquisition of land in trust status, including a transfer of land already held in trust or restricted status, shall be...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR151.4] [Page 395] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 151_LAND ACQUISITIONS--Table of Contents Sec. 151.4 Acquisitions in trust of lands owned in fee by an Indian. Unrestricted land owned by an individual Indian or a tribe may be conveyed into trust status, including a conveyance to trust for the owner, subject to the provisions of this part. ...


and their members, land may be acquired in trust status for an individual Indian or a tribe in the State of Oklahoma under section 5 of the Act of June 18, 1934 (48...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR151.6] [Page 395] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 151_LAND ACQUISITIONS--Table of Contents Sec. 151.6 Exchanges. An individual Indian or tribe may acquire land in trust status by exchange if the acquisition comes within the terms of this part. The disposal aspects of an exchange are governed by part 152 of this title. ...


only if: (a) The buyer already owns a fractional interest in the same parcel of land; or (b) The interest being acquired by the buyer is in fee status; or ...


governing body of the tribe having jurisdiction over such reservation consents in writing to the acquisition; provided, that such consent shall not be required if the...


such acquisition with the Secretary. The request need not be in any special form but shall set out the identity of the parties, a description of the land to be acquired, and...


regulatory jurisdiction over the land to be acquired, unless the acquisition is mandated by legislation. The notice will inform the state or local government that each...


when the land is located outside of and noncontiguous to the tribe's reservation, and the acquisition is not mandated: (a) The criteria listed in Sec. 151.10 (a)...


request any additional information or justification he considers necessary to enable him to reach a decision. If the Secretary determines that the request should be denied,...


shall acquire, or require the applicant to furnish, title evidence meeting the Standards For The Preparation of Title Evidence In Land Acquisitions by the United States, issued...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR151.14] [Page 397] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 151_LAND ACQUISITIONS--Table of Contents Sec. 151.14 Formalization of acceptance. Formal acceptance of land in trust status shall be accomplished by the issuance or approval of an instrument of conveyance by the Secretary as is appropriate in the circumstances. [45 FR 62036, Sept. 18, 1980. Redesignated at 60 FR 32879, June 23, 1995] ...


Office of Management and Budget under 44 U.S.C. 3501 et seq. and assigned clearance number 1076-0100. This information is being collected to acquire land into trust on behalf...


action on application. Issuing Patents In Fee, Certificates Of Competency Or Orders Removing Restrictions 152.3...


if approved would remove Indian land from restricted or trust status, may be withheld, if the Secretary determines that such removal would adversely affect the best interest...


supervision over Indian lands. The status of applications by Indians for patents in fee, certificates of competency, or orders removing restrictions shall be...


over may apply for a patent in fee for his trust land. A written application shall be made in the form approved by the Secretary and shall be completed and filed with the agency...


fee patent issued if the Secretary, in his discretion, determines that the applicant is competent. When the patent in fee is delivered, an inventory of the estate...


special relationship does not exist. Whenever the Secretary determines that trust land, or any interest therein, has been acquired through inheritance or devise by...


years old or over, except certain adult members of the Osage Tribe as provided in Sec. 152.9, who [[Page 400]] holds land or an interest therein under a restricted...


be approved and a certificate of competency issued if the Secretary, in his discretion, determines that the applicant is competent. The delivery of the certificate shall have...


certificates of competency by adult members of the Osage Tribe of one-half or more Indian blood shall be in the form approved by the Secretary. Upon the finding by...


Any Indian not under legal disability under the laws of the State where he resides or where the land is located, or the court-appointed guardian or conservator...


(a) An application for an order removing restrictions may be approved and such order issued by the Secretary, in his discretion, if he determines that the...


authority other than section 2(a) of the Act of August 11, 1955. When an Indian of the Five Civilized Tribes makes application for removal of restrictions...


section 2(a) of the Act of August 11, 1955. When an Indian of the Five Civilized Tribes makes application for removal of restrictions under authority of section 2(a)...


Section 2(b) of the Act of August 11, 1955 (69 Stat. 666), authorizes the Secretary to issue an order removing restrictions to an Indian of the Five Civilized...


application. When an order removing restrictions is issued, pursuant to Sec. 152.14, a copy of such order will be delivered to the Indian, to any person acting...


An order removing restrictions issued pursuant to the Act of August 11, 1955 (69 Stat. 666), on its effective date shall serve to remove all jurisdiction and supervision of...


Indian owner. Pursuant to the Acts of May 27, 1902 (32 Stat. 275; 25 U.S.C. 379); May 17, 1906 (34 Stat. 197), as amended August 2, 1956 (70 Stat. 954; 48...


Secretary. Pursuant to the Act of May 29, 1908 (35 Stat. 444; 25 U.S.C. 404), the Secretary may, with the consent of the natural guardian of a minor, sell trust...


appointed by State courts, or by tribal courts operating under approved constitutions or law and order codes, may, upon order of the court, convey with the approval of...


Pursuant to the Act of June 25, 1910 (36 Stat. 855), as amended (25 U.S.C. 372), if the Secretary decides that one or more of the heirs who have inherited trust land are incapable...


sold or exchanged pursuant to the Acts of February 14, 1920 (41 Stat. 415; 25 U.S.C. 294); June 18, 1934 (48 Stat. 984; 25 U.S.C. 464); August 10, 1939 (53 Stat. 1351; 25...


restricted lands or land owned by a tribe. (a) Individual lands. Trust or restricted lands, except inherited lands of the Five Civilized Tribes, or any interest...


the sale, exchange or gift of trust or restricted land shall be filed in the form approved by the Secretary with the agency having immediate jurisdiction over the land. Applications...


appraisal shall be made indicating the fair market value prior to making or approving a sale, exchange, or other transfer of title of trust or...


Those sales, exchanges, and gifts of trust or restricted lands specifically described in the following paragraphs (a), (b), (c), and (d) of this section may be negotiated;...


advertised sale, notice of the sale will be published not less than 30 days prior to the date fixed for the sale unless for good cause a shorter period is authorized by...


except as otherwise provided herein. (a)(1) Bids, conforming to the requirements set out in the advertisement of sale, along with a certified check, cashier's...


the sale shall publicly announce the apparent highest acceptable bid. The deposits submitted by the unsuccessful bidders shall be returned immediately. The deposit submitted by...


the right to reject any and all bids before the award, after the award, or at any time prior to the issuance of a patent or delivery of a deed, when he shall have determined...


part 140 of this chapter, no person employed in Indian Affairs shall directly or indirectly bid, make, or prepare any bid, or assist any bidder in preparing his bid....


1920 (41 Stat. 415), as amended by the Act of March 1, 1933 (47 Stat. 1417; 25 U.S.C. 413), the Secretary may in his discretion collect from a purchaser reasonable fees...


against any Indian-owned lands within Indian irrigation projects is deferred as long as Indian title has not been extinguished. (Act of July 1, 1932 (47 Stat. 564; 25...


of the Interior shall find that any inherited trust allotment or allotments (as distinguished from lands held in a restricted fee status or authorized to be sold under...


owner of trust or restricted lands, may with the approval of the Secretary execute a mortgage or deed of trust to his land. Prior to approval of such mortgage or deed of...


a sale may be made or approved on the deferred payment plan. The terms of the sale will be incorporated in a memorandum of sale which shall constitute a contract...


Factors determining competency. 153.5 Children of competent Indians. 153.6 Appeals. Authority: Sec. 12, 41 Stat. 755, 46 Stat. 1495, as amended. ...


adult member of the Crow Tribe, shall classify him by placing his name to the competent or incompetent rolls established pursuant to the act of June 4, 1920 (41...


residence, degree of Indian blood, and education; (c) His experience in farming, cattle raising, business, or other occupation (including home-making); (d) His...


the amount of the applicant's indebtedness to the tribe, to the United States Government, and to others; whether he is a public charge or a charge on friends and relatives,...


competent except any such Indian who is declared incompetent by a court of competent jurisdiction or who is incompetent under the laws of the State within which...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR153.6] [Page 407] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 153_DETERMINATION OF COMPETENCY: CROW INDIANS--Table of Contents Sec. 153.6 Appeals. An appeal to the Secretary of the Interior may be made within 30 days from the date of notice to the applicant of the decision of the Commissioner of Indian Affairs. ...


of restrictive lands. 158.55 Institution of partition proceedings. 158.56 Partition records. 158.57 Approval of deeds or other instruments vesting title...


of his surplus land. The application shall give in detail the reasons why such change is desired and shall be submitted to the Osage Indian Agency on the form ``Application...


authorized representative, and an order issued to change designation of homestead, if it is found that the applicant owns an equal area of surplus land. The expense of...


and non-Indians, may be approved by the Secretary of the Interior, or his authorized representative. Title to all lands acquired under this part by an Indian who does not...


proceedings to partition the lands of deceased Osage allottees in which any interest is held by an Osage Indian not having a certificate of competency. Requests for authority...


several parties, together with deeds, or other instruments vesting title on partition, in triplicate, shall be furnished to the Osage Agency. The original allotment...


and in conformity with the regulations in this part, the Secretary, or his authorized representative, may approve the deeds, or other instruments vesting title on partition,...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR158.58] [Page 408] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 158_OSAGE LANDS--Table of Contents Sec. 158.58 Disposition of proceeds of partition sales. Owelty moneys due members of the Osage Tribe who do not have certificates of competency shall be paid into the Treasury of the United States and placed to the credit of the Indians upon the same conditions as attach to segregated shares of the Osage national fund. ...


fees and charges in connection with the sale of irrigable lands, see part 160 and Sec. Sec. 134.4 and 152.21 [[Page 409]] of this chapter. For general...


payment of irrigation charges by lessees. Authority: Secs. 1, 3, 36 Stat. 270, 272, as amended; 25 U.S.C. 385. Source: 22 FR 10566, Dec. 24, 1957,...


of law, and in [[Page 410]] all cases involving the issuance of patents or deeds direct to the Indian or purchaser of Indian allotments embracing irrigable...


present to the project engineer lists containing descriptions of the lands involved for his approval of the irrigable acreage and for checking as to whether or not such lands are...


by lessees, and where such charges are not so paid take appropriate and prompt action for their collection. Such unpaid charges are a lien against the land, and...


What are the purposes of this part? 162.101 What key terms do I need to know? 162.102 What land, or interests in land, are subject to these ...


is 18 years of age or older. Agricultural land means Indian land or Government land suited or used for the production of crops, livestock or other agricultural...


to Indian land and Government land, including any tract in which an interest is owned by an individual Indian or tribe in trust or restricted status. (b) Where a...


leases that authorize the possession of Indian land. These regulations do not apply to: (1) Mineral leases, prospecting permits, or mineral development agreements,...


owns 100% of the trust or restricted interests in a tract may take possession without a lease or any other prior authorization from us. (b) An Indian landowner of a...


by Indian landowners may cover more than one tract of Indian land, but the minimum consent requirements for leases granted by Indian landowners under subparts B through D...


(a) If a lease is required, and possession is taken without a lease by a party other than an Indian landowner of the tract, we will treat the unauthorized use as a...


leasing their land, either through negotiations or advertisement. In reviewing a negotiated lease for approval, we will defer to the landowners' determination that the lease...


tenants meet their payment obligations to Indian landowners, through the collection of rent on behalf of the landowners and the prompt initiation of appropriate collection...


(a) Leases granted or approved under this part will be subject to federal laws of general applicability and any specific federal statutory requirements that are...


Except insofar as these regulations provide for the granting, approval, or enforcement of leases and permits, the provisions in these regulations that authorize or require us to...


if they: (1) Are made or received by a tribe or tribal organization in the conduct of a federal trust function under 25 U.S.C. Sec. 450f et seq., including the operation of...


tribal organizations, that have records identified in Sec. 162.111(a) must preserve the records in accordance with approved Departmental records retention procedures under...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR162.113] [Page 417] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 162_LEASES AND PERMITS--Table of Contents Subpart A_General Provisions Sec. 162.113 May decisions under this part be appealed? Yes. Except where otherwise provided in this part, appeals from decisions by the BIA under this part may be taken pursuant to 25 CFR part 2. ...


The regulations in this subpart apply to agricultural leases, as defined in this part. The regulations in this subpart may also apply to business leases on...


(a) Agricultural land under the jurisdiction of a tribe must be managed in accordance with the goals and objectives in any agricultural resource management...


will recognize and comply with tribal laws regulating activities on agricultural land, including tribal laws relating to land use, environmental protection, and historic...


(a) The regulations in this subpart may be superseded or modified by tribal laws, under the circumstances described in Sec. 162.109(b) of this part. (b)...


us with an official copy of any tribal law or leasing policy that supersedes or modifies these regulations under Sec. Sec. 162.109 or 162.203 of this part. If the tribe has...


(a) Individual Indian landowners may exempt their agricultural land from the application of a tribal leasing policy of a type described in Sec. 162.203(b) through (c)...


may be obtained through negotiation. We will assist prospective tenants in contacting the Indian landowners or their representatives for the purpose of negotiating...


agricultural land, including any tribally-owned undivided interest(s) in a fractionated tract, subject to our approval. Where tribal land is subject to a...


The following individuals or entities may represent an individual Indian landowner: (a) An adult with custody acting on behalf of his or her minor children; (b)...


an agricultural lease on behalf of: (1) Individuals who are found to be non compos mentis by a court of competent jurisdiction; (2) Orphaned minors; (3)...


land in the same manner as we would grant an agricultural lease under Sec. 162.209 of this part. We may also grant a permit on behalf of individual Indian...


Indian land? (a) To support the Indian landowners in their negotiations, and to assist in our consideration of whether an agricultural lease is in the Indian...


Indian land for agricultural leasing: (1) At the request of the Indian landowners; or (2) Before we grant a lease under Sec. 162.209(b) of this subpart. ...


(a) If the tenant is a corporation, partnership or other legal entity, it must provide organizational and financial documents, as needed to show that the lease will...


a lease, we must determine in writing that the lease is in the best interest of the Indian landowners. In making that determination, we will: (1) Review the lease...


will be effective on the date on which the lease is approved by us. An agricultural lease may be made effective on some past or future date, by agreement, but such...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR162.216] [Page 422] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 162_LEASES AND PERMITS--Table of Contents Subpart B_Agricultural Leases Sec. 162.216 When will a BIA decision to approve an agricultural lease be effective? Our decision to approve an agricultural lease will be effective immediately, notwithstanding any appeal that may be filed under part 2 of this chapter. ...


recorded in our Land Titles and Records Office with jurisdiction over the land. We will record the lease or permit immediately following our approval under this subpart. ...


and drafting of appropriate lease terms and conditions, there is no standard agricultural lease form that must be used. We will assist the Indian landowners...


the other requirements of this part, all agricultural leases must provide that: (a) The obligations of the tenant and its sureties to the Indian landowners will also...


(a) An agricultural lease must identify the Indian landowners and their respective interests in the leased premises, and the lease must be granted by or on behalf of each...


the leased premises by reference to a public or private survey, if possible. If the land cannot be so described, the lease must include a legal description or...


the payment of a fair annual rental at the beginning of the lease term, unless a lesser amount is permitted under paragraphs (b) through (d) of this section. The tenant's...


of this section, an agricultural lease must provide for one or more rental adjustments if the lease term runs more than five years, unless the lease provides for the...


dates on which all rent payments are due. Unless otherwise provided in the lease, rent payments may not be made or accepted more than one year in advance of the due date....


penalties? An agricultural lease must specify the rate at which interest will accrue on any rent payment not made by the due date or any other date specified in...


must specify whether rent payments will be made directly to the Indian landowners or to [[Page 424]] us on behalf of the Indian landowners. If the lease provides...


are made directly to the Indian landowners, the form of payment must be acceptable to the Indian landowners. (b) Payments made to us may be delivered in person or by mail....


be required to pay additional fees, taxes, and/or assessments associated with the use of the land, as determined by the tribe having jurisdiction over the land. The tenant must...


a definite lease term, specifying the commencement date. The commencement date of the lease may not be more than one year after the date on which the lease is approved. (b)...


may authorize amendments, assignments, subleases, or mortgages of the leasehold [[Page 425]] interest, but only with the written consent of the parties to...


authorized uses of the leased premises. Any use of the leased premises for an unauthorized purpose, or a failure by the tenant to maintain continuous operations throughout...


the type and location of any improvements to be constructed by the lessee. Unless otherwise provided in the lease, any specific plans for the construction of...


specify who will own any improvements constructed by the tenant, during the lease term. The lease must indicate whether any improvements constructed by the tenant will...


tribe under Sec. 162.203 of this subpart, or waived by us at the request of the owners of a majority interest in an agricultural lease tract, the tenant must provide a bond...


paragraph (b) of this section, a bond must be deposited with us and made payable only to us, and such a bond may not be modified or withdrawn without our approval. We will only accept...


in an account established in the name of the tenant. (b) We will not pay interest on a cash performance bond. (c) If the bond is not forfeited under Sec. 162.252(a) of...


the Indian landowners, an agricultural lease must require that a tenant provide insurance. Such insurance may include property, crop, liability and/or casualty insurance....


that the tenant indemnify and hold the United States and the Indian landowners harmless from any loss, liability, or damages resulting from the tenant's use or occupation...


landowners and the tenant? (a) Unless otherwise provided in an agricultural lease, the Indian landowners will be entitled to receive any settlement funds or...


(a) A lease of tribal agricultural land may provide the tribe with certain negotiated remedies in the event of a lease violation, including the power to terminate the lease....


will charge an administrative fee each time we approve an agricultural lease, amendment, assignment, sublease, mortgage, or related document. These fees will be paid by the...


an agricultural lease amendment if: (a) The required consents have been obtained from the parties to the lease under Sec. 162.230 and any sureties; and (b) We find...


(a) We will approve an assignment or sublease under an agricultural lease if: (1) The required consents have been obtained from the parties to the lease under...


(a) We will approve a leasehold mortgage under an agricultural lease if: (1) The required consents have been obtained from the parties to the lease under Sec. 162.230 and...


lease be effective? Our decision to approve an amendment, assignment, sublease, or mortgage under an agricultural lease will be effective...


An amendment, assignment, sublease, or mortgage approved under an agricultural lease must be recorded in our Land Titles and Records Office that has jurisdiction over...


bills or invoices to a tenant in advance of the dates on which rent payments are due under an agricultural lease, but the tenant's obligation to make such payments in a...


(a) A tenant's failure to pay rent in the time and manner required by an [[Page 429]] agricultural lease will be a violation of the lease, and a...


The following special fees will be assessed if rent is not paid in the time and manner required, in addition to any interest or late payment penalties that must be paid to...


the terms of the lease? (a) Unless an agricultural lease provides otherwise, we may enter the leased premises at any reasonable time, without prior notice,...


determine that an agricultural lease has been violated, we will send the tenant and its sureties a notice of violation within five business days of that determination. The notice...


(a) If the tenant does not cure a violation of an agricultural lease within the requisite time period, we will consult with the Indian landowners, as appropriate,...


(a) The appeal bond provisions in Sec. 2.5 of part 2 of this chapter will not apply to appeals from lease cancellation decisions made under Sec. 162.252 of...


agricultural lease will not be effective until 30 days after the tenant receives a cancellation letter from us. The cancellation decision will remain ineffective if the...


If a tenant or any other party causes or threatens to cause immediate and significant harm to the leased premises during the term of an...


If a tenant remains in possession after the expiration or cancellation of an agricultural lease, we will treat the unauthorized use as a trespass. Unless we have reason...


this part 162, Crow Indians classified as competent under the Act of June 4, 1920 (41 Stat. 751), as amended, may lease their trust lands and the trust lands of their...


as well as irrigable) on the Fort Belknap Reservation in Montana may be leased for the culture of sugar beets and other crops in rotation for terms not...


determination by the Secretary that the owner or owners are not making beneficial use thereof, restricted lands on the Cabazon, Augustine, and Torres-Martinez Indian Reservations...


Act of November 2, 1966 (80 Stat. 1112), provides statutory authority for long-term leasing on the San Xavier and Salt River Pima-Maricopa Reservations, Arizona, in addition to...


any leases other than agricultural leases, as defined in this part. To the extent that any of the regulations in this subpart conflict with the provisions of the Indian...


on behalf of: (1) Persons who are non compos mentis; (2) Orphaned minors; (3) The undetermined heirs of a decedent's estate; (4) The heirs or devisees...


(a) Adults, other than those non compos mentis, (b) Adults, other than those non compos mentis, on behalf of their minor children, and on behalf of minor children to whom they...


minor children who have the care and custody of such children may use the individually owned land of such children during the period of minority without charge for the...


this part shall be in the form approved by the Secretary and subject to his written approval. (b) Except as otherwise provided in this part no lease shall be approved...


those owners or their representatives who may execute leases pursuant to Sec. 162.602 of this subpart. (b) Where the owners of a majority interest, or...


as authorized under Sec. 162.601 of this subpart the Secretary shall advertise the land for lease. Advertisements will call for sealed bids and will not offer...


duration, commensurate with the purpose of the lease, that will allow the highest economic return to the owner consistent with prudent management and conservation...


the lessor unless specifically excepted therefrom under the terms of the lease. The lease shall specify the maximum time allowed for removal of any improvements...


operation of the land a single lease contract may include more than one parcel of land in separate ownerships, tribal or individual, provided the statutory authorities and...


a sublease, assignment, amendment or encumbrance of any lease or permit issued under this part may be made only with the approval of the Secretary and the written consent...


irrigation project or drainage district shall require the lessee to pay annually on or before the due date, during the term of the lease and in the amounts determined,...


tribal land may provide the tribe with certain negotiated remedies in the event of a lease violation, including the power to terminate the lease. A lease of individually-owned land...


invoices to a tenant in advance of the dates on which rent payments are due under a lease, but the tenant's obligation to make such payments in a timely manner will not be...


A lease must specify the rate at which interest will accrue on any rent payment not made by the due date or any other date specified in the lease. A lease may...


(a) A tenant's failure to pay rent in the time and manner required by a lease will be a violation of the lease, and a notice of violation will be issued under Sec. 162.618...


special fees will be assessed if rent is not paid in the time and manner required, in addition to any interest or late payment penalties that must be paid to the...


of the lease? (a) Unless a lease provides otherwise, we may enter the leased premises at any reasonable time, without prior notice, to protect the interests of...


been violated, we will send the tenant and its sureties a notice of violation within five business days of that determination. The notice of violation must be provided...


(a) If the tenant does not cure a violation of a lease within the requisite time period, we will consult with the Indian landowners, as appropriate, and determine whether: ...


(a) The appeal bond provisions in Sec. 2.5 of part 2 of this chapter will not apply to appeals from lease cancellation decisions made under Sec. 162.619 of this...


will not be effective until 30 days after the tenant receives a cancellation letter from us. The cancellation decision will remain ineffective if the tenant files...


Information collection. 163.3 Scope and objectives. 163.4 Secretarial recognition of tribal laws. Subpart B_Forest Management...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR163.2] [Page 443] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 163_GENERAL FORESTRY REGULATIONS--Table of Contents Subpart A_General Provisions Sec. 163.2 Information collection. The information collection requirements contained in 25 CFR part 163 do not require the approval of the Office of Management and Budget under 44 U.S.C. 3504(h) et seq. ...


land except as this part may be superseded by legislation. (b) Indian forest land management activities undertaken by the Secretary shall be designed to achieve...


unless otherwise prohibited by Federal statutory law, the Secretary shall comply with tribal laws pertaining to Indian forest land, including laws regulating the...


management activities on Indian forest land, either directly or through contracts, cooperative agreements, or grants under the Indian Self-Determination and...


identified in Sec. 163.3 of this part, an appropriate forest management plan shall be prepared and revised as needed for all Indian forest lands. Such documents...


not be permitted unless provisions for natural and/or artificial [[Page 445]] reforestation of acceptable tree species is included in harvest plans. (b)...


be initiated and organized with consent of the authorized tribal representatives. Such enterprises may contract for the purchase of non-Indian owned forest products. Subject...


and with the consent of the Secretary and authorized by tribal resolution or resolution of recognized tribal government, open market sales of Indian forest products may...


and 163.26 of this part, sales of forest products shall be made only after advertising. (a) The advertisement shall be approved by the officer who will approve...


made without advertisement to Indians or non-Indians with the consent of the authorized tribal representatives for tribal forest products or with the consent of the...


of Indian forest products. Such deposits shall be at least: (1) Ten (10) percent if the appraised stumpage value is less than $100,000 and in any event not less...


advertisement issued under authority of this part shall be accepted, except that the approving officer, having set forth the reason(s) in writing, shall have the right to...


appraised stumpage value exceeding $15,000, the contract forms approved by the Secretary must be used unless a special form for a particular sale or class of sales is...


products shall be executed by the authorized tribal representative(s). There shall be included with the contract an affidavit executed by the authorized...


of forest products, except they may or may not be required, as determined by the approving officer, in connection with the use of forest products by Indian tribal...


sold shall be the Scribner Decimal C log rules, cubic volume, lineal measurement, piece count, weight, or such other form of measurement as the Secretary may...


and except in the case of lump sum (predetermined volume) sales, contracts for the sale of timber from allotted, trust or restricted Indian forest land shall provide for...


otherwise authorized by the Secretary, the maximum period which shall be allowed for harvesting the estimated volume of timber purchased, shall be...


and 25 U.S.C. 3105, a forest management deduction shall be withheld from the gross proceeds of sales of forest products harvested from Indian forest land as described in...


163.27 of this part, removal of forest products that are not under formal contract, pursuant to Sec. 163.19, shall be under forest product harvesting permit forms approved...


and the Secretary, Indians may harvest designated types of forest products from Indian forest land without a permit or contract, and without charge. Forest products...


staff, hire temporary labor, rent fire fighting equipment, purchase tools and supplies, and pay for their transportation as needed, to maintain an adequate level of...


the enforcement agency and the beneficial Indian owners, and will be subject to prosecution for acts of trespass. (1) Cases in Tribal Court. For trespass actions brought...


(a) In accordance with 25 U.S.C. 415 as amended, the Secretary may request tribes and/or other beneficial owners to sign revocable permits designating the Secretary...


forest land from disease or insects (Sept. 20, 1922, Ch. 349, 42 Stat. 857). The Secretary shall consult with the authorized tribal representatives and beneficial...


to improve the sustainable productivity of commercial Indian forest land. The program shall consist of reforestation, timber stand improvement projects, and...


an approving officer or subordinate official exercising delegated authority from the Secretary shall be exclusively through administrative appeal or as provided in the...


this part must comply with the National Environmental Policy Act of 1969, applicable Council on Environmental Quality Regulations, and tribal laws...


the Secretary may establish tribal-specific forest land assistance accounts within the trust fund system. (b) Deposits shall be credited either to...


program to provide financial support to qualifying tribal forestry programs. A qualifying tribal forestry program is an organization or entity established by a tribe for...


representatives' is authorized to perform forestry research activities to improve the basis for determining appropriate land management activities to apply to Indian...


assistance. (a) Establishment and evaluation of the forestry education assistance programs. (1) The Secretary shall establish within the Bureau of...


education and training programs. (a) Postgraduation recruitment program. (1) The purpose of the postgraduation recruitment program is to recruit Indian and...


contract. (a) Obligated service. (1) Individuals completing forestry education programs with an obligated service requirement may be offered full time permanent...


to ANCSA corporations to promote sustained yield management of their forest resources and, where practical and consistent with the economic objectives of the...


assess and rate technical assistance project proposals. This committee will include, at a minimum, local Bureau of Indian Affairs and Alaska Native representatives...


request a technical assistance project needs assessment from ANCSA corporations. The needs assessments will provide information on proposed [[Page...


that the budget for ANCSA corporation technical assistance projects is known, the Secretary shall advise the ANCSA corporations on which projects were selected for funding and on...


of the Department of the Interior, the Secretary is authorized to negotiate and enter into cooperative agreements between Indian tribes and any agency or entity within...


reimburse funds to contractors from any appropriated funds available for similar kinds of work or by furnishing or sharing materials, supplies, facilities, or equipment...


their employees may perform cooperative work under the supervision of the Department of the Interior in emergencies or otherwise, as mutually agreed to, but shall not...


independent assessment of Indian forest land and Indian forest land management practices under the guidelines established in Sec. 163.81 of this part. (a) Assessments shall...


(a) An in-depth analysis of management practices on, and the level of funding by management activity for, specific Indian forest land compared with similar Federal and private...


submit to the Committee on Interior and Insular Affairs of the United States House of Representatives, the Select Committee on Indian Affairs of the United States Senate,...


Secretary of Agriculture, through the Forest Service, on a nonreimbursable basis, for technical assistance in the conduct of such research and evaluation activities as may...


and Definitions Sec. 166.1 What is the purpose and scope of this part? 166.2 Can the BIA waive the application of these regulations? [[Page...


with the objectives of the agricultural resource management plan provided for in Sec. 166.311 of this part, or with a tribal law, the BIA may waive the application...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR166.3] [Page 469] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 166_GRAZING PERMITS--Table of Contents Subpart A_Purpose, Scope, and Definitions Sec. 166.3 May decisions under this part be appealed? Yes. Except where otherwise provided in this part, appeals from decisions by the BIA under this part may be taken pursuant to 25 CFR part 2. ...


Agency means the agency or field office or any other designated office in the Bureau of Indian Affairs (BIA) having jurisdiction over trust or restricted property...


(a) When specifically authorized by an appropriate tribal resolution establishing a general policy for permitting of Indian agricultural lands, the BIA will: ...


Indian agricultural lands? (a) The individual Indian landowners of Indian land may exempt their land from our application of a tribal policy referred to under...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR166.102] [Page 472] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 166_GRAZING PERMITS--Table of Contents Subpart B_Tribal Policies and Laws Pertaining to Permits Sec. 166.102 Do tribal laws apply to permits? Tribal laws will apply to permits of Indian land under the jurisdiction of the tribe enacting such laws, unless those tribal laws are inconsistent with applicable federal law. [[Page 473]] ...


federal law, we will recognize and comply with tribal laws regulating activities on Indian agricultural land, including tribal laws relating to land use, environmental...


(a) Tribes must notify us of the content and effective dates of new tribal laws. (b) We will then notify affected Indian landowners and any persons or...


General Requirements (a) Unless otherwise provided for in this part, any person or legal entity, including an independent legal entity owned and operated...


purposes? Parents or guardians need not obtain a permit for Indian lands owned by their minor Indian children if: (a) Those minor children own 100 percent (%) of...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR166.202] [Page 473] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 166_GRAZING PERMITS--Table of Contents Subpart C_Permit Requirements Sec. 166.202 May an emancipated minor grant a permit? Yes. An emancipated minor may grant a permit. ...


tribally- owned undivided interest(s) in a fractionated tract. A permit granted by the tribe [[Page 474]] must be approved by us, unless the permit...


entities may represent an individual Indian landowner in granting a permit: (a) An adult with custody acting on behalf of their minor children; (b) A...


of: (1) An individual who is adjudicated to be non compos mentis by a court of competent jurisdiction; (2) An orphaned minor; (3) An Indian landowner who...


all Indian landowners of a fractionated tract as long as the owners receive fair annual rental. Before granting such a permit, we may offer a preference right to any...


(a) Authorized user(s); (b) Conservation plan requirements; (c) Prohibition against creating a nuisance, any illegal activity, and negligent use or waste or resources; ...


the level of investment required by the permittee to place the property into productive use. (b) On behalf of the undetermined heirs of an individual Indian...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR166.209] [Page 475] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 166_GRAZING PERMITS--Table of Contents Subpart C_Permit Requirements Sec. 166.209 Must a permit be recorded? A permit must be recorded in our Land Titles and Records Office which has jurisdiction over the land. We will record the permit immediately following our approval under this subpart. ...


be effective immediately, notwithstanding any appeal which may be filed under Part 2 of this title. Copies of the approved permit will be provided to the permitee and...


the date on which the permit is approved by us. A permit may be made effective on some past or future date, by agreement, but such a permit may not be granted or approved...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR166.212] [Page 475] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 166_GRAZING PERMITS--Table of Contents Subpart C_Permit Requirements Sec. 166.212 When may a permittee take possession of permitted Indian land? The permittee may take possession of permitted Indian land on the date specified in the permit as the beginning date of the term, but not before we approve the permit. ...


expected to: (a) Conduct grazing operations in accordance with the principles of sustained yield management, agricultural resource management planning,...


permittee if a fee patent is issued or if restrictions are removed. After we notify the permittee our obligation under Sec. 166.228 of this part ceases. ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR166.215] [Page 476] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 166_GRAZING PERMITS--Table of Contents Subpart C_Permit Requirements Sec. 166.215 How can I find Indian land available for grazing? You may contact a local BIA office or tribal office to determine what Indian land may be available for grazing permits. ...


granting permits on their Indian land, with the assistance and approval of the BIA, except where otherwise provided by law. You may contact the local BIA or tribal office...


through tribal allocation, negotiation, or advertisement in accordance with Sec. 166.203 of this part. We must approve all permits of tribal land in order for the permit to...


range units containing trust or restricted land which is entirely tribally-owned or which contains only tribal and government land under the control of the tribe. (b)...


the Indian landowners with the permittee of their choice. The BIA may negotiate and grant permits on behalf of Indian landowners pursuant to Sec. 166.205 of...


a permit by negotiation are as follows: (a) The BIA or the Indian landowner will: (1) Receive a request to permit from an Indian landowner or the...


a permit, Indian landowners may advertise their Indian land to identify potential permittees with whom to negotiate. (b) When the BIA grants and approves a permit...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR166.222] [Page 478] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 166_GRAZING PERMITS--Table of Contents Subpart C_Permit Requirements Sec. 166.222 Are there standard permit forms? Yes. Standard permit forms, including bid forms, permit forms, and permit modification forms are available at our agency offices. Permit (Leasehold) Mortgage ...


the permittee to encumber the permit interest, known as a leasehold mortgage, for the development and improvement of the permitted Indian land. We must approve...


leasehold mortgage if: (1) All consents required in the permit have been obtained from the Indian landowners and any surety or guarantor; (2) The mortgage covers only...


approval, under an approved encumbrance, a permittee voluntarily may assign the leasehold interest to someone other than the holder of a leasehold mortgage if the assignee agrees...


encumbrance? Yes. The holder of a leasehold mortgage may assign a leasehold interest obtained by a sale or foreclosure of an approved encumbrance without...


permit if: (1)The trust status of the Indian land terminates; (2) The Indian landowners request removal of their interest, with the written approval of the...


for removal is: (a) Termination of trust status. We will notify the parties to the permit in writing within 30 days. The removal will be effective on the next...


(a) We must approve an amendment, assignment, subpermit, or mortgage with the written consent of the parties to the permit in the same manner that the permit was approved, and...


Our decision to approve an amendment, assignment, subpermit, or mortgage under a permit will be effective immediately, notwithstanding any appeal which may...


An amendment, assignment, subpermit, or mortgage approved under a permit must be recorded in our Land Titles and Records Office which has jurisdiction over the Indian land. We...


BIA will manage Indian agricultural land either directly or through contracts, compacts, cooperative agreements, or grants under the Indian Self-Determination and...


described by legal description (e.g., aliquot parts, metes and bounds) or other acceptable description. Where there are undivided interests owned in fee status, the...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR166.302] [Page 480] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 166_GRAZING PERMITS--Table of Contents Subpart D_Land and Operations Management Sec. 166.302 How is a range unit created? We create a range unit after we consult with the Indian landowners of rangeland, by designating units of compatible size, availability, and location. ...


include more than one parcel of Indian land. Permits may include tribal land, individually-owned Indian land, or government land, or any...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR166.304] [Page 480] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 166_GRAZING PERMITS--Table of Contents Subpart D_Land and Operations Management Sec. 166.304 Can there be more than one permit for each range unit? Yes. There can be more than one permit for each range unit. ...


the Indian landowners, we will establish the total grazing capacity for each range unit based on the summation of each parcel's productivity. We will also establish...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR166.306] [Page 480] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 166_GRAZING PERMITS--Table of Contents Subpart D_Land and Operations Management Sec. 166.306 Can the BIA adjust the grazing capacity? Yes. In consultation with the Indian landowners or in the BIA's discretion based on good cause, we may adjust the grazing capacity using the best evaluation method(s) relevant to the ecological region. ...


the permit? No. You will not receive an increase in grazing capacity in the permit if you graze trust or non-trust rangeland in common with the permitted land....


trust or non-trust rangelands under an on- and-off grazing permit? Yes. The number of animals and/or season of use may be modified on permitted Indian land with...


(a) Tribes determine the class of livestock and livestock ownership requirements for livestock that may be grazed on range units composed entirely of tribal land or which...


applicable law, permittees must: (a) Vaccinate livestock; [[Page 481]] (b) Treat all livestock exposed to or infected with contagious or...


the jurisdiction of a tribe must be managed in accordance with the goals and objectives in any agricultural resource management plan developed by the tribe, or by us in...


permittee and approved by us prior to the issuance of the permit. The conservation plan must be consistent with the tribe's agricultural resource management plan and...


part must comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), applicable regulations of the Council on Environmental Quality (40 CFR part...


apply a conservation practice on permitted Indian land as long as the permittee has approval from the BIA and majority interest and the conservation practice is consistent...


or is canceled before the completion of the conservation practice? Prior to undertaking a conservation practice, the BIA, landowner, and permittee will...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR166.316] [Page 481] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 166_GRAZING PERMITS--Table of Contents Subpart D_Land and Operations Management Sec. 166.316 Can a permittee construct improvements on permitted Indian land? Improvements may be constructed on permitted Indian land if the permit contains a provision allowing improvements. [[Page 482]] ...


(a) If improvements are to be constructed on Indian land, the permit must contain a provision that improvements will either: (1) Remain on the land upon termination of...


Adjustment (a) For tribal lands, a tribe may establish a grazing rental rate that is less or more than the grazing rental rate established by us. We will assist...


determine the rental value of real property. The development and reporting of the valuation will be completed in accordance with the Uniform Standards of Professional...


determine the fair annual rental of Indian land to: (a) Assist the Indian landowner in negotiating a permit with potential permittees; and (b) Enable us to...


(a) We will grant a permit for grazing on individually-owned Indian land at less than fair annual rental if, after competitive bidding of the permit, we determine that...


The following grazing rental rate schedule will apply for tribal land: ------------------------------------------------------------------------ ...


The following grazing rental rate schedule will apply for individually-owned...


The following grazing rental rate schedule will apply for government land: ------------------------------------------------------------------------ ...


rental rate? The grazing rental rate for tribal land will be the rate set by the tribe. The grazing rental rate for individually-owned Indian land will be...


Yes. To ensure that Indian landowners are receiving the fair annual return, we may adjust the grazing rental rate established by the BIA, based upon an appropriate...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR166.409] [Page 484] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 166_GRAZING PERMITS--Table of Contents Subpart E_Grazing Rental Rates, Payments, and Late Payment Collections Sec. 166.409 How is my grazing rental payment determined? The grazing rental payment is the total of the grazing rental rate multiplied by the number of AUMs or acres covered by the permit. ...


due and payable as specified in the permit or 15 days after the BIA approves the permit, whichever is later. Subsequent payments are due as specified in...


states the schedule of rental payments agreed to by the parties. We will issue an invoice to the permittee 30 to 60 days prior to the rental payment...


If we fail to send an invoice or if we send an invoice and the permittee does not receive it, the permittee is still responsible for making timely payment of all...


rental payments will be made directly to the Indian landowners or to us on behalf of the Indian landowners. If the permit provides for payment to be made directly to...


are made directly to the Indian landowners, the form of payment must be acceptable to the Indian landowners. (b) Payments made to us may be delivered in person or...


Within five business days of the Indian landowner's notification to us that a payment has not been received, we will contact the permittee either in writing or...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR166.416] [Page 485] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 166_GRAZING PERMITS--Table of Contents Subpart E_Grazing Rental Rates, Payments, and Late Payment Collections Sec. 166.416 May a permittee make a grazing rental payment in advance of the due date? Rent may be paid no more than 30 days in advance, unless otherwise specified in the permit. ...


for advance grazing rental payment? No. An individual Indian landowner of a fractionated tract may not modify a permit to allow a grazing rental payment in advance of...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR166.418] [Page 485] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 166_GRAZING PERMITS--Table of Contents Subpart E_Grazing Rental Rates, Payments, and Late Payment Collections Sec. 166.418 When is a grazing rental payment late? A grazing rental payment is late if it is not received on or before the due date. Late Rental Payment Collections ...


by the permit? (a) A permitee's failure to pay grazing rental payments in the time and manner required by a permit will be a violation of the permit, and a...


permit? The following special fees will be assessed if a grazing rental payment is not paid in the time and manner required, in addition to any...


No. The permittee remains liable for any delinquent payment. No future permits will be issued until all outstanding debts related to Indian agricultural lands...


Unless arrangements for direct payment to the Indian landowners has been provided, the rent will be deposited to the appropriate account maintained by the Office of Trust...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR166.423] [Page 486] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 166_GRAZING PERMITS--Table of Contents Subpart E_Grazing Rental Rates, Payments, and Late Payment Collections Sec. 166.423 How do Indian landowners receive grazing rental payments that the BIA has received from permittees? Funds will be paid to the Indian landowners by the Office of Trust Funds Management in accordance with 25 CFR part 115. ...


Indian landowner? Unless otherwise specified in the permit, the grazing rental payment will be distributed to each Indian landowner according to the forage...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR166.500] [Page 486] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 166_GRAZING PERMITS--Table of Contents Subpart F_Administrative and Tribal Fees Sec. 166.500 Are there administrative fees for a permit? Yes. We will charge an administrative fee before approving any permit, subpermit, assignment, encumbrance, modification, or other related document. ...


will charge a three percent (%) administrative fee based on the annual grazing rent. (b) The minimum administrative fee is $10.00 and the maximum administrative fee...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR166.502] [Page 486] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 166_GRAZING PERMITS--Table of Contents Subpart F_Administrative and Tribal Fees Sec. 166.502 Are administrative fees refundable? No. We will not refund administrative fees. ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR166.503] [Page 486] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 166_GRAZING PERMITS--Table of Contents Subpart F_Administrative and Tribal Fees Sec. 166.503 May the BIA waive administrative fees? Yes. We may waive the administrative fee for a justifiable reason. ...


Yes. The permittee may be required to pay additional fees, taxes, and/or assessments associated with the use of the land as determined by us or by the tribe. Failure to make...


provide a bond for each permit interest acquired. Upon request by an Indian landowner, we may waive the bond...


on the: (1) Value of one year's grazing rental payment; (2) Value of any improvements to be constructed; (3) Cost of performance of any additional...


(1) Cash; (2) Negotiable Treasury securities that: (i) Have a market value equal to the bond amount; and (ii) Are accompanied by a statement granting...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR166.603] [Page 487] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 166_GRAZING PERMITS--Table of Contents Subpart G_Bonding and Insurance Requirements Sec. 166.603 If cash is submitted as a bond, how is it administered? If cash is submitted as a bond, we will establish an account in the name of the permittee and retain it. ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR166.604] [Page 487] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 166_GRAZING PERMITS--Table of Contents Subpart G_Bonding and Insurance Requirements Sec. 166.604 Is interest paid on a cash performance bond? No. Interest will not be paid on a cash performance bond. ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR166.605] [Page 487] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 166_GRAZING PERMITS--Table of Contents Subpart G_Bonding and Insurance Requirements Sec. 166.605 Are cash performance bonds refunded? If the cash performance bond has not been forfeited for cause, the amount deposited will be refunded to the depositor at the end of the permit period. ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR166.606] [Page 487] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 166_GRAZING PERMITS--Table of Contents Subpart G_Bonding and Insurance Requirements Sec. 166.606 What happens to a bond if a violation occurs? We may apply the bond to remedy the violation, in which case we will require the permittee to submit a replacement bond of an appropriate amount. ...


Indian landowners, we will require a permittee to provide insurance. If insurance is required, it must: (a) Be provided in an amount sufficient to: (1) Protect...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR166.608] [Page 488] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 166_GRAZING PERMITS--Table of Contents Subpart G_Bonding and Insurance Requirements Sec. 166.608 What types of insurance may be required? We may require liability or casualty insurance (such as for fire, hazard, or flood), depending upon the activity conducted under the permit. ...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR166.700] [Page 488] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 166_GRAZING PERMITS--Table of Contents Subpart H_Permit Violations Sec. 166.700 What permit violations are addressed by this subpart? This subpart addresses violations of permit provisions other than trespass. Trespass is addressed under subpart I of this part. ...


terms of the permit? Unless the permit provides otherwise, we may enter the range unit at any reasonable time, without prior notice, to protect the interests of the...


tribal land may provide the tribe with certain negotiated remedies in the event of a permit violation, including the power to terminate the permit. A permit of...


violation has occurred, we will initiate an appropriate investigation within five business days of that notification. (b) If we determine that a permit violation...


provide the permittee with ten days from the receipt of the written notice to: (a) Cure the permit violation and notify us that the violation is cured. (b)...


(a) If the permittee does not cure a violation within the required time period, we will consult with the Indian landowners, as appropriate, and determine whether: (1) The...


(a) The appeal bond provisions in Sec. 2.5 of part 2 of this chapter will not apply to appeals from permit cancellation decisions made under Sec. 166.705 of this...


not be effective for 30 days after the permittee receives a written notice of cancellation from us. The cancellation decision will remain ineffective if the permittee files...


Yes. If a permittee or any other party causes or threatens to cause immediate, significant and irreparable harm to the Indian land during the term of a permit,...


If a permittee remains in possession of Indian land after the expiration or cancellation of a permit, we will treat the unauthorized use as a trespass. Unless we have reason...


Indian agricultural lands. These provisions also apply to Indian agricultural land managed under an agricultural lease or permit under part 162 of...


on Indian agricultural land; (b) Respond to alleged trespass in a prompt, efficient manner; (c) Assess trespass penalties for the value of products used...


provisions of this subpart, the tribe will have concurrent jurisdiction to enforce this subpart. Additionally, if the tribe so requests, we will defer to tribal prosecution...


when we have reason to believe that a trespass on Indian agricultural land has occurred, within five business days, we or the authorized tribal representative will...


frame specified in the notice: (a) Comply with the ordered corrective actions; or (b) Contact us in writing to explain why the trespass notice is in error. You...


effect for the same conduct identified in that written notice for a period of one year from the date of receipt of the written notice by the trespasser. [[Page 491]] ...


specified by us, we may take one or more of the following actions, as appropriate: (a) Seize, impound, sell or dispose of unauthorized livestock or other property involved...


other property under the following conditions: (a) Where there is imminent danger of severe injury to growing or harvestable crop or destruction of the range...


(a) If the trespass is not corrected in the time specified in the initial trespass notice, we will send written notice of our intent to impound unauthorized livestock or...


unauthorized livestock or other property, we will provide notice that we will sell the impounded property as follows: (a) We will provide written notice of the sale...


by submitting proof of ownership and paying all penalties, damages, and costs under Sec. 166.812 of this subpart and completing all corrective actions identified by...


known lien holder of the impounded livestock or other property redeems the property prior to the time set by the sale, by submitting proof of ownership and settling all...


Trespassers on Indian agricultural land must pay the following penalties and costs: (a) Collection of the value of the products illegally used or removed plus a penalty of...


value of forage or crops consumed or destroyed based upon the average rate received per month for comparable property or grazing privileges, or the estimated commercial value...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR166.814] [Page 492] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 166_GRAZING PERMITS--Table of Contents Subpart I_Trespass Sec. 166.814 How will the BIA determine the value of the products or property illegally used or removed? We will determine the value of the products or property illegally used or removed based upon a valuation of similar products or property. ...


damages by considering the costs of rehabilitation and revegetation, loss of future revenue, loss of profits, loss of productivity, loss of market value, damage to...


include detection and all actions taken by us through prosecution and collection of damages. This includes field examination and survey, damage appraisal,...


applicable tribal law: (a) We will refuse to issue you a permit for use, development, or occupancy of Indian agricultural lands; and (b) We will forward your case...


will treat any amounts recovered under Sec. 166.812 of this subpart as proceeds from the sale of agricultural property from the Indian agricultural land upon which the...


to the trespasser demanding immediate settlement and advising the trespasser that unless settlement is received within five business days from the date of receipt, we...


operated? (a) The purpose of the Indian agriculture education programs is to recruit and develop promising Indian and Alaska Natives who are enrolled...


(a) The purpose of the agriculture intern program is to ensure the future participation of trained, professional Indians and Alaska Natives in the management...


student? (a) To be considered for selection, applicants for the student educational employment program must: (1) Meet the eligibility requirements in...


(a) We may grant agriculture scholarships to Indians and Alaska Natives enrolled as full-time students in accredited post-secondary and graduate programs of study...


(a) We will establish and maintain an agriculture education outreach program for Indian and Alaska Native youth that will: (1) Encourage students to acquire academic...


(a) The purpose of the postgraduate studies program is to enhance the professional and technical knowledge of Indian and Alaska Native natural resource...


(a) The purpose of the post graduation recruitment program is to recruit Indian and Alaska Native natural resource and trained agriculture technicians into...


or agriculture personnel working for an approved organization may apply for an internship within agriculture- related programs of agencies of the Department of the...


training? (a) The purpose of continuing education and training is to establish a program to provide for the ongoing [[Page 497]] education and...


participate in an agriculture education program? (a) Individuals completing agriculture education programs with an obligated service requirement may be offered full...


to the BIA? (a) Any individual who accepts financial support under agriculture education programs with an obligated service requirement, and who does not...


they: (1) Are made or received by a tribe or tribal organization in the conduct of a federal trust function under 25 U.S.C. Sec. 450f et seq., including the operation of...


tribal organizations, that have records identified in Sec. 166.1000(a) of this part must preserve the records in accordance with approved Departmental records retention...


management districts. 167.6 Carrying capacities. 167.7 Records. 167.8 Grazing rights. 167.9 Grazing permits. 167.10 Special grazing permits. 167.11 Tenure...


conditions set forth therein. In accordance with this authority and that of the Navajo Tribal Council, the Central Grazing Committee and the District Grazing Committees,...


preservation of the forage, the land, and the water resources on the Navajo Reservation, and the building up of those resources where they have deteriorated. (b) The...


by the United States for the Navajo Tribe and all the trust lands hereafter added to the Navajo Reservation. The regulations in this part do not apply to any of the...


Indian Reservation, based on the social and economic requirements of the Navajo Indians and the necessity of rehabilitating the grazing lands. District boundary changes may...


of the Navajo Reservation. (b) Recommended adjustments in carrying capacities shall be referred by the Superintendent to District Grazing Committee,...


ownership of all livestock. Master files shall be maintained by the Superintendent or his authorized representatives. (a) The District Grazing Committee shall...


Grazing rights shall be recognized for those permittees having ownership records as established in accordance with Sec. 167.7 or who have acquired grazing rights...


upon the recommendations of the District Grazing Committee. All such grazing permits will be automatically renewed annually until terminated. District Grazing...


Tribal Council, or any Committee designated by it, with a view to terminating these permits at a suitable date and with the least hardship to the...


Navajo eligible to hold a grazing permit as defined in Sec. 167.8 may become a livestock operator by obtaining an active grazing permit through negotiability...


\1\ Grazing Committees were organized in May 1953. These committees have not had ample time to fully acquaint themselves or the stockmen in their respective districts with all...


provided in part 11 of this chapter, however, upon recommendations of the District Grazing Committee, first offenses may be referred to the Central Grazing Committee and...


shall issue regulations covering the buying period and the procedures and methods to be used in moving livestock to market. All movements of livestock other than...


livestock to be dipped, vaccinated, inspected and be restricted in movement when necessary to prevent the introduction and spread of contagious or infectious disease in...


be secured before any fences may be constructed in non-agricultural areas. The District Grazing Committee shall recommend to the Superintendent the removal...


and other structures within one-half mile of Government or Navajo Tribal developed permanent livestock waters such as springs, wells, and charcos or deep reservoirs. (b)...


range units. 168.5 Grazing capacity. 168.6 Grazing on range units authorized by permit. 168.7 Kind of livestock. 168.8 Grazing fees. 168.9 Assignment, modification...


prescribe rules and regulations under which these lands may be leased or permitted for grazing. Also, under the Navajo-Hopi Settlement Act as amended, 25 U.S.C. 640d-8 and 18,...


and subsequent U.S. District Court [[Page 505]] Judgement filed May 4, 1982, in the case, Hopi Tribe v. Watt, Civ. No. 81-272 PCT-EHC. This portion of...


the Hopi Partitioned Area to provide for a surface land management program to restore the land to its full grazing potential and maintain that potential to the maximum...


grazed on land under his jurisdiction without inducing damage to vegetation or related resources on each range unit and the season or seasons of use to achieve the objectives of...


(a) or (b) of this section. (a) Grazing permits to Hopi tribal members on their partitioned lands. The Area Director shall assign grazing privileges to the...


determine, subject to the authorized carrying capacity, the kind of livestock that may be grazed by their tribal members on the range units within the Hopi Partitioned...


Tribe, including eligible holders of interim permits, will be determined, and assessed by the Area Director and paid in accordance with 25 U.S.C. 640d-15. (b) The Hopi...


or transferred without the approval of the permit issuer(s). (b) The Area Director may revoke or withdraw all or any part of any grazing permit in...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR168.10] [Page 506] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 168_GRAZING REGULATIONS FOR THE HOPI PARTITIONED LANDS AREA --Table of Contents Sec. 168.10 Conservation and land use provisions. Grazing operations shall be conducted in accordance with recognized principles of good range management. Conservation management plans necessary to accomplish this will be made a part of the grazing permit by stipulation. ...


the permitted land shall be considered affixed to the land unless specifically excepted therefrom under the permit terms. Written permission to construct or remove...


Because the lands covered by the permit are in trust status, all of the permittees' obligations on the permit and the obligations of his sureties are to the United States as well as...


Land Management District 6, and on the boundary of the former Joint Use Area partitioned to each tribe by the Judgment of Partition of April 18, 1979. Fencing of other...


a civil penalty of $1 per head per day for each animal in trespass, together with the replacement value of the forage consumed and a reasonable value for damages to...


contagious or infectious diseases or parasites or have been exposed thereto, such livestock must be treated and the movement thereof restricted in accordance with...


Lands which are not removed therefrom within the periods prescribed by the regulation will be impounded and disposed of by the Superintendent as provided herein. ...


follows: (1) Concurrence means agreement by the Area Director and the Hopi Tribe, speaking through the Chairman of the Tribe (or his designee). (2) Non-concurrence...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR168.18] [Page 509] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 168_GRAZING REGULATIONS FOR THE HOPI PARTITIONED LANDS AREA --Table of Contents Sec. 168.18 Appeals. Appeals from decisions issued under this part will be in accordance with procedures in 25 CFR part 2. ...


the Office of Management and Budget under 44 U.S.C. 3501 et seq. and assigned clearance number 1076-0027. The information is being collected in order to ascertain eligibility...


Permission to survey. 169.5 Application for right-of-way. 169.6 Maps. 169.7 Field notes. 169.8 Public survey. 169.9 Connection with...


procedures, terms and conditions under which rights-of-way over and across tribal land, individually owned land and Government owned land may be granted. (b) Appeals...


survey be issued with respect to any such lands, without the prior written consent of the tribe. (b) Except as provided in paragraph (c) of this section,...


must file a written application therefor with the Secretary. The application shall adequately describe the proposed project, including the purpose and general location, and...


application shall cite the statute or statutes under which it is filed and the width and length of the desired right-of-way, and shall be accompanied by satisfactory evidence...


other permanent and reproducible material and two reproductions thereof. The field notes shall accompany the application, as provided in Sec. 169.7. The width of...


to be easily legible, in which event the field notes may be filed separately on tracing linen in such form that they may be folded readily for filing. Where field...


public survey. The maps, as well as the engineer's affidavit and the certificate, shall show these connections. (b) When either terminal of the line of route is upon...


made with a natural object or a permanent monument which can be readily found and recognized, and which will fix and perpetuate the position of the terminal point. The maps...


corner shall be noted. The maps shall show these distances and the station numbers at the points of intersections. The field notes shall show these distances and...


survey and a certificate executed by the applicant, both certifying to the accuracy of the survey and maps and both designating by termini and length in miles and decimals,...


approved by the Secretary, the consideration for any right-of-way granted or renewed under this part 169 shall be not less than but not limited to the fair market value of...


a right-of-way will be required to pay all damages incident to the survey of the right-of-way or incident to the construction or maintenance of the facility for which...


the Secretary the total estimated consideration and damages, which shall include consideration for the right-of-way, severance damages, damages caused during the survey, and...


issuance of a conveyance instrument in the form approved by the Secretary. Such instrument shall incorporate all conditions or restrictions set out in the consents...


affidavit of completion, in duplicate, executed by the engineer and certified by the applicant. The Secretary shall transmit one copy of the affidavit to the office of...


or otherwise, amended maps and field notes of the new location shall be filed, and a right-of-way for such new route or location shall be subject to...


the periods stated in the conveyance instrument. Except as otherwise determined by the Secretary and stated in the conveyance instrument, rights-of-way granted under the...


years, an application may be submitted for a renewal of the grant. If the renewal involves no change in the location or status of the original right-of-way grant, the applicant...


days written notice from the Secretary mailed to the grantee at its latest address furnished in accordance with Sec. 169.5(j) for any of the following causes: (a) Failure...


lands shall be reported immediately by officials of the Bureau of Indian Affairs having knowledge of such facts to appropriate officials of the Interior Department so...


land and the applicant before any work by the applicant [[Page 516]] may be undertaken to construct a service line across such land. Such a service line shall...


330), and June 25, 1910 (36 Stat. 859; 25 U.S.C. 312--318); the Act of March 3, 1875 (18 Stat. 482; 43 U.S.C. 934); and the Act of March 3, 1909 (35 Stat. 781), as amended...


in Oklahoma. Rights-of-way granted under that act shall be subject to the provisions of this section as well as other pertinent sections of this part 169. Except when...


authorizes right-of-way grants for oil and gas pipelines across tribal, individually owned and Government-owned land. Rights-of-way granted under that act shall be subject to...


amended by the Act of March 4, 1940 (54 Stat. 41; 43 U.S.C. 959); the Act of March 4, 1911 (36 Stat. 1253), as amended by the Act of May 27, 1952 (66 Stat. 95; 43 U.S.C....


grants across tribal, individually owned and Government-owned land for electrical poles and lines for the transmission and distribution of electrical...


across tribal and individually owned lands in accordance with State laws, as authorized by the Act of March 3, 1901 (31 Stat. 1084; 25 U.S.C. 311). (b) In...


and improvement. 170.4 Approval of road construction activities. 170.4a Selection of road construction projects. 170.4b What formula will BIA use to distribute...


Superintendent at all locations, with the exception that at the Navajo Reservation this term shall mean the Area Director or his designated representative for public...


523]] of State or Indian tribal lands, the Commissioner shall plan, survey, design and construct roads on the Federal-Aid Indian Road System...


and design of all projects on the Federal-Aid Indian Road System before any construction expenditures are made. All such construction shall be under the general supervision...


local tribal officials informed of all technical information relating to the project alternatives of proposed road developments. The Commissioner shall recommend to...


will distribute $25 million of fiscal year 2004 IRR Program funds authorized under the Surface Transportation Extension Act of 2003, Pub. L. 108-88. We will distribute the funds...


of this chapter. Tribal consent as required under Sec. 169.3(a) may be made by public dedication where proper tribal authority exists. Before any work is undertaken for...


Indians. The Commissioner may contract with tribes and Indian-owned construction companies, or the Commissioner may purchase materials, obtain equipment and employ...


Government. Subject to the availability of funds, the Commissioner shall maintain, or cause to be maintained, those approved roads on the Federal-Aid Indian Road System....


the construction or maintenance of roads governed by regulations of this part. However, the tribe must be able to make such contributions without undue impairment of...


certain Indian reservation roads and bridges, especially at those locations where road projects serve non-Indian land as well as Indian land. (23 U.S.C. 208(d);...


required for public safety, fire prevention or suppression, or fish or game protection, or to prevent damage to unstable roadbed, the Commissioner may restrict the use of them...


of the roadless and wild areas established in part 265 of this chapter. Public Hearings on Road Projects Authority: 45 Stat. 750;...


projects beginning with road projects scheduled to begin construction in Fiscal Year 1975, and thereafter. In order to promote coordination and comprehensive planning...


(b) Would significantly change the layout or function of connecting or related roads or streets, (c) Would have an adverse effect upon adjacent real property, or ...


and other appropriate agencies to determine for each road project if a public hearing is needed. The determination will be based on the criteria given in Sec. 170.11....


must be given at least 90 days before the date construction is scheduled to begin. Such notice should give the project name and location, the type of improvement...


and place of the scheduled hearing; the project location; the proposed work to be done; the place where the preliminary plans may be reviewed; and the place where...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR170.15] [Page 525] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 170_ROADS OF THE BUREAU OF INDIAN AFFAIRS--Table of Contents Sec. 170.15 Record of hearing proceedings. A record of the hearing shall be made. The record shall include written statements submitted at the hearing or within 5 days following the hearing. ...


hearing and to maintain a medium for free and open discussion designed to reach early and amicable resolution of issues. (b) The Superintendent shall be responsible...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR170.17] [Page 525] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 170_ROADS OF THE BUREAU OF INDIAN AFFAIRS--Table of Contents Sec. 170.17 Written statements. Written statements may be submitted as well as oral statements made at the public hearing. Written statements may also be submitted during the 5 days following the hearing. ...


summarizing the results of the public hearing and his determination as to the further action to be taken in connection with the proposed project. The hearing...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR170.19] [Page 526] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 170_ROADS OF THE BUREAU OF INDIAN AFFAIRS--Table of Contents Sec. 170.19 Appeals. Any determination concerning the proposed road project may be appealed in accordance with the procedures set forth in part 2 of this title. ...


points. 171.6 Distribution and apportionment of water. 171.7 Application for and record of deliveries of irrigation water. 171.8 Surface...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR171.2] [Page 527] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 171_OPERATION AND MAINTENANCE--Table of Contents Sec. 171.2 Irrigation season. The irrigation season, when water shall be available for irrigation, will be established by the Officer-in-Charge. ...


practice will: (a) Interfere with the operation and maintenance of the system. (b) Be detrimental to or endanger the canal, lateral system...


the Blackfeet, Crow, Fort Belknap, and Fort Peck Irrigation Projects, Montana, and the Colville Irrigation Project, Washington. (1) Forty (40) or more contiguous acres of land...


Officer-in-Charge may establish additional delivery points when in his judgment it is impractical for the landowner to irrigate his farm unit from the one delivery point...


the available irrigation water supply. He [[Page 529]] will endeavor to apportion the water at all times on a fair and equitable basis between all project...


in requesting the delivery of water will so notify the Officer-in-Charge or his designated representative by such means and with such advance notice as may be required by...


canals, drains, wasteways or natural drainage channels. Any expenses involved in doing this will be borne by the water user. Waste water may be emptied into proj...


will be installed and maintained by the project. (b) During the construction of a new irrigation project or the extension of an existing project, bridges, crossings or...


be dependent upon proper installation so as not interfere with the flow of water or the passage of project operators and equipment. In case an unauthorized fence...


to an operator or landowner to remove any obstructions. If not removed within a reasonable period of time after notice is given, an obstruction will be removed by project...


construction and proper operation and maintenance of the project's canals, laterals, and other irrigation works. (b) In the construction of new irrigation projects...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR171.13] [Page 531] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 171_OPERATION AND MAINTENANCE--Table of Contents Sec. 171.13 Crops and statistical reports. An annual project crops and statistical report shall be prepared by the Officer-in-Charge. The landowner or farm unit operator shall cooperate in furnishing such information as requested. ...


is sufficient capacity in the project's carriage and/or distribution system in excess of that required by the project he is authorized to enter into carriage agreements...


charges to any Indian trust land, or patent in fee land covered by a repayment contract, as an aid to improve land within the project that is impregnated by alkali or...


his quota of water, as covered by the basic assessment and as announced in the public notice, has been delivered. In such cases, additional irrigation water, if available,...


the established annual rate schedule as set forth in the public notice issued by the Area Director. Under the following special circumstances, this rule may be waived and...


maintained by the water user in proper condition to receive water and convey it to the place of use with a minimum of loss. Water delivery will be refused to such ditches...


unit or tribal unit that is designated as assessable and to which irrigation water can be delivered by the project operators from the constructed works whether water is...


are levied and collected. Separate entries shall be made in the ledger for each farm tract, and bills issued to the owner or owners of record. When payment is...


any circumstances. If such conditions occur, and project forces are unable to correct them, the Officer-in-Charge shall request the Area Director to arrange for the...


[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR171.22] [Page 535] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 171_OPERATION AND MAINTENANCE--Table of Contents Sec. 171.22 Complaints. All complaints must be made in writing to the Project Engineer or the Officer-in-Charge of the project. ...


regulations of this part or a decision rendered by such official, the water user within 30 days may appeal to the Area Director. Further appeals may be made to the Commissioner...


312. Pursuant to the provisions of the act of March 13, 1928 (45 Stat. 312) the contract executed between the Middle Rio Grande Conservancy District...


engineer's authority. 173.3 Enforcement. 173.4 Permits subject to existing and future rights-of-way. 173.5 Plans, approval thereof. 173.6 Stock...


of the Interior; ``project'' to the Federal Indian irrigation project on which concession, lease or permit is granted, and ``project engineer'' to the engineer in charge...


with the responsibility for the enforcement of this part. He is vested with the authority to issue temporary concession permits to applicants for periods not to exceed...


project regulations now or hereafter promulgated by the Secretary. Willful violation or failure to comply with the provisions of this part and all proper orders of the...


permittee of any land authorized under this part shall be subject to the right of the Secretary to establish trails, roads and other rights-of-way including improvements thereupon...


erected by permittee except in accordance with plans, specifications and locations approved by the project engineer. All premises and appurtenances shall be kept in a...


such stock as may be required in connection with the purposes for which the permit is issued subject to such restrictions and limitations as may be prescribed by the...


[Code of Federal Regulations]