(b) Application for partition. Heirs of a deceased allottee may make written application, in the form approved by the Secretary, for partition of their trust or restricted land. If the Secretary finds the trust lands susceptible of partition, he may issue new patents or deeds to the heirs for the portions set aside to them. If the allotment is held under a restricted fee title (as distinguished from a trust title), partition may be accomplished by the heirs executing deeds approved by the Secretary, to the other heirs for their respective portions.

MORTGAGES and Deeds of Trust TO SECURE LOANS TO INDIANS

§ 121.34 Approval of mortgages and deeds of trust.

Any individual Indian 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 trust, the Secretary shall secure appraisal information as he deems advisable. Such lands shall be subject to foreclosure or sale pursuant to the terms of the mortgage or deed of trust in accordance with the laws of the State in which the lands are located. For the purpose of foreclosure or sale proceedings under this section, the Indian owners shall be regarded as vested with unrestricted fee simple title to the lands (Act of March 29, 1956.

(70 Stat 62; 25 U.S.C. 483a)).

§ 121.35 Deferred payment sales.

When the Indian owner and purchaser desire, 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 for delivery of title upon payment in full of the amount of the agreed consideration. The deed executed by the grantor or grantors will be held by the Superintendent and will be delivered only upon full compliance with the terms of sale. If conveyance of title is to be made by fee patent, request therefor will be made only upon full compliance with the terms of the sale.

The terms of the sale shall require that the purchaser pay not less than 10 percent of the purchase price in advance as required by the Act of June 25, 1910 (36 Stat. 855), as amended (25 U.S.C. 372); terms for the payment of the remaining installments plus interest shall be those acceptable to the Secretary and the Indian owner. If the purchaser on any deferred payment plan makes default in the first or subsequent payments, all payments, including interest, previously made will be forfeited to the Indian owner.

Sec.

PART 122-DETERMINATION OF COMPETENCY: CROW INDIANS

122.1 Purpose of regulations.

122.2 Application and examination. 122.3 Application form.

122.4 Factors determining competency. 122.5 Children of competent Indians. 122.6 Appeals.

AUTHORITY: Sec. 12, 41 Stat. 755, 46 Stat. 1495, as amended.

SOURCE: 22 FR 10563, Dec. 24, 1957, unless otherwise noted.

§ 122.1 Purpose of regulations.

The regulations in this part govern the procedures in determining the competency of Crow Indians under Public Law 303, 81st Congress, approved September 8, 1949.

§ 122.2 Application and examination.

The Commissioner of Indian Affairs or his duly authorized representative, upon the application of any unenrolled 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 Stat. 751), and upon application shall determine whether those persons whose names now or hereafter appear on the incompetent roll shall be reclassified as competent and their names placed on the competent roll.

§ 122.3 Application form.

The application form shall include, among other things: (a) The name of the applicant; (b) his age, residence, degree of Indian blood, and education:

(c) his experience in farming, cattle raising, business, or other occupation (including home-making); (d) his present occupation, if any; (e) a statement concerning the applicant's financial status, including his average earned and unearned income for the last two years from restricted leases and from other sources, and his outstanding indebtedness to the United States, to the tribe, or to others; (f) a description of his property and its value, including his allotted and inherited lands; and (g) the name of the applicant's spouse, if any, and the names of his minor children, if any, and their ages, together with a statement regarding the land, allotted and inherited, held by each.

§ 122.4 Factors determining competency.

Among the matters to be considered by the Commissioner of Indian Affairs in determining competency are 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, or will become such a charge, by reason of being classed as competent; and whether the applicant has demonstrated that he possesses the ability to take care of himself and his property, to protect the interests of himself and his family, to lease his land and collect the rentals therefrom, to lease the land of his minor children, to prescribe in lease agreements those provisions which will protect the land from deterioration through over-grazing and other improper practices, and to assume full responsibility for obtaining compliance with the terms of any lease.

§ 122.5 Children of competent Indians.

Children of competent Indians who have attained or upon attaining their majority shall automatically become 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 he resides.

§ 122.6 Appeals.

An appeal to the Secretary of the Interior may be made within 30 days

§ 123.2 Preparation of competency roll.

The superintendent shall cause a roll to be compiled of all persons who have attained the age of 21 years, and shall add thereto the names of minors as they attain the age of 21 years. The roll shall include the names, last known address, date of birth, and the total quantum of Osage blood and non-Osage Indian blood of each person listed thereon.

§ 123.3 Determination of age and quantum of Indian blood.

(a) The date of birth as shown by the census records of the Osage Agency shall be accepted as prima facie evidence in determining the age of a person.

(b) The total quantum of Indian blood of a person shall be computed and determined as follows:

(1) When the parents of a person are enrolled members, or when one parent is an enrolled member and the other parent is a descendant of an enrolled member, or when both parents are descendants of enrolled members, or when one parent is an enrolled member of descendant of an enrolled member of the Osage Tribe, and the other parent is of non-Indian blood, the Osage Agency register of Indian families for the year ending December 31, 1901, shall be accepted as prima facie evidence of the quantum of Indian blood.

(2) When one parent of a person is an enrolled member, or the descendant of an enrolled member of the Osage Tribe, and the other parent is of non-Osage blood, the Osage Agency register of Indian families for the year ending December 31, 1901 shall be accepted as prima facie evidence in determining the quantum of Osage Indian blood.

(3) When one parent of a person is of non-Osage Indian blood, the certification of the superintendent or other officer in charge of the Indian Agency having jurisdiction over the affairs of the tribe of which the non-Osage Indian parent is a member or descendant of a member, as to such parent's quantum of Indian blood, shall be accepted as prima facie evidence in determining the quantum of non-Osage Indian blood.

(4) When the non-Osage parent of a person is alleged to be of Indian blood, and the superintendent or other officer in charge of the Indian agency having jurisdiction over the affairs of the tribe of which such parent is an alleged member or descendant of a member thereof, is unable to certify as to the quantum of Indian blood of such parent, affidavits as to such parent's quantum of Indian blood, when properly executed by two qualified individuals, may be accepted.

§ 123.4 Notification; disagreement and decision.

When the superintendent shall have determined that a person, 21 years or

over, is of less than one-half Indian blood, he shall notify such person of his finding and inform him that if objection is not received within 20 days from the date of notification, a certificate of competency will be issued. If the person claims to be of one-half or more Indian blood and that a certificate of competency should not be issued, he should submit to the superintendent two affidavits or other evidence in support of his claim. The claim, affidavits or other evidence of the person as to his quantum of blood shall be submitted to the Commissioner of Indian Affairs for a ruling before the certificate of competency is issued. § 123.5 Issuance of certificate of competency.

A certificate of competency shall be issued by the superintendent on Form 5-182 to each person heretofore or hereafter attaining the age of 21 years and who has been determined to be of less than one-half Indian blood. Such certificate shall be recorded with the county clerk of Osage County, Oklahoma, before delivering the same to the person entitled thereto.

§ 123.6 Costs of recording certificates of competency.

The superintendent may expend the surplus funds of a person to make direct payments of the cost of recording a certificate of competency. If the person to whom a certificate of competency is issued has no surplus funds, the cost of recording the same shall be paid from Osage tribal funds.

§ 123.7 Delivery of cash and securities.

After issuance and recordation of a certificate of competency as authorized by the regulations in this part, the superintendent shall deliver to the individual named therein, or the legal guardian thereof, the original copy of the certificate of competency, together with all cash, stocks and bonds credited to the account of such individual upon the books of the Osage Agency, and obtain a receipt therefor.

Filed with the original document. Copies may be obtained upon request at the Bureau of Indian Affairs, Department of the Interior, Washington, D.C.

(c) "Allottee" means a member of the Band living on September 21, 1959, who has received an allotment on the Agua Caliente (Palm Springs) Reservation, California, or receives an allotment under section 2 of the Act of September 21, 1959 (73 Stat. 602).

(d) "Participating allottee" means an allottee as defined herein who has received an allotment with a value that is less than the equalization figure deemed feasible by the Secretary in accordance with this regulation.

§ 124.2 Purpose and scope.

(a) The purpose of this regulation is to establish the procedure to be followed to equalize as nearly as possible the values of allotments of land on the Agua Caliente (Palm Springs) Reservation in California, in accordance with the provisions of the Act of September 21, 1959 (73 Stat. 602). Compliance with these procedures shall be deemed complete and full equalization of allotments on the Agua Caliente Reservation. This regulation super

sedes all prior instructions regarding the equalization of allotments.

(b) Individuals who received allotments but who were not living on September 21, 1959, shall be excluded from equalization.

(c) The values to be used as a basis for equalization shall be the values of the allotments as set out in contract appraisals made for the Bureau of Indian Affairs in 1957 and 1958, excluding the value of any improvements thereon; but if lands have been sold under supervision of the Bureau of Indian Affairs by an allottee, the value used as a basis for equalization will be the amount received in such sale, excluding the value assigned to any improvements thereon, and where lands have been fee patented and sold by an allottee, the value used as a basis for equalization will be the appraised value of the land, excluding improvements, at the time it was sold, regardless of the amount received in the sale.

(d) The value of tribal lands available for equalization will also be determined on the basis of the appraisals made by independent contract appraisers. On the basis of such values, the Secretary shall calculate the highest possible level of equalization that is feasible for the allottees by allotting all of the tribal land, except the tribal reserves described herein, without regard to the acreage limitation imposed by statute prior to September 21, 1959.

§ 124.3 Tribal reserves.

The following tribal lands shall not be subject to allotment but shall be designated as tribal reserves for the benefit and use of the Band:

Cemetery No.1-W2, NE, NW, SE1⁄4 (Block 235), sec. 14, T. 4 S., R. 4 E., San Bernardino meridian, California.

Cemetery No. 2-A two-acre tract, that inIcludes the area designated in Secretarial Order of November 5, 1958, the description of which will be determined after consultation with the Band.

Roman Catholic Church-Lot 29, sec. 14. T. 4 S.. R. 4 E., San Bernardino meridian California, containing 2 acres, more or less.

Mineral Springs-Lots 3a, 4a. 13 and 14. sec. 14, T. 4 S., R. 4 E., San Bernardino meridian, California.

San Andreas Canyon-W1⁄2, SE, SE, SE4, sec. 3, T. 5 S., R. 4 E., San Bernardino meridian, California.

Palm Canyon-S1⁄2 and S2, N2, sec. 14, T. 5 S., R. 4 E.; all of sec. 24, T. 5 S., R. 4 E., San Bernardino meridian, California.

Tahquitz Canyon-SW1⁄44, sec. 22 T. 4 S., R. 4 E.; N2, sec. 28, T. 4 S., R. 4 E., San Bernardino meridian, California.

Murray Canyon-E1⁄2, sec. 10, T. 5 S., R. 4 E., San Bernardino meridian, California.

§ 124.4 Airport lands.

The unallotted portions of sec. 18, T. 4 S., R. 5 E., San Bernardino meridian, and sec. 12, T. 4 S., R. 4 E., San Bernardino meridian, which are in the municipal airport of the City of Palm Springs shall be subject to selection for equalization purposes with the following qualifications: If a sale of such lands to the City of Palm Springs is consummated pursuant to section 3(d) of the Act of September 21, 1959 (73 Stat. 602), any participating allottee who makes an equalization selection from the lands sold to the City shall receive in lieu thereof such share of the proceeds of the sale as his equalization units in the airport lands bear to the total equalization units of the airport lands, as established in accordance with § 124.6.

§ 124.5 Protection of incompetents and

minors.

The Secretary shall cause the appointment of a guardian or conservator of the estate of all minor allottees and for those adult allottees who, in his judgment, are in need of assistance in handling their affairs, in accordance with applicable State laws before making any equalization allotments to them.

§ 124.6 Designation of lands for selection

purposes.

The Secretary shall prepare maps of all tribal lands, except those reserved areas enumerated above, showing thereon a division of such lands into parcels of sizes consistent with the requirements of the participating allottees, giving all possible regard to maintaining such plottage factors as will preserve to the highest degree the values inherent in the lands thus being designated. All parcels shall con

form, as nearly as possible, to aliquot parts of legal subdivisions of the public land surveys. The maps will show unit values for each designated parcel, one unit for each $5,000 of value. Values may be rounded off to the nearest one-half unit.

§ 124.7 Order and method of selection.

(a) The Secretary shall prepare a list of allottees entitled to participate in equalization. Number 1 on the list shall be the participating allottee having the lowest valued allotment. Number 2 shall be the participating allottee having next to the lowest valued allotment, and so forth, in ascending order of values. Participating allottees shall make their selections in the order in which they appear on the list. Participating allottees (or the guardians of such minor allottees and adults for whom guardians or conservators have been appointed under appropriate State law) shall be informed in writing by certified mail of the time set for making the selections and the number of equalization units to which they are entitled. The notice shall be received at least ten (10) days in advance of the time set for the participating allottee's appearance at the Bureau of Indian Affairs Office in Palm Springs, California. Each participating allottee shall be allowed from 12 o'clock noon of the day of his scheduled appearance to 12 o'clock noon the following day within which to make his equalization selection.

(b) A participating allottee shall select such parcel or parcels as will satisfy his equalization entitlement. A participating allottee may, in the discretion of the Secretary, select a portion of a designated parcel if it is necessary in order for him to obtain his full entitlement. A selection must be made by the individual participating allottee or by a representative authorized by appropriate power of attorney in writing to act for him, except that in the case of minors and adults for whom guardians or conservators have been appointed under appropriate State laws, the selection must be made by such guardian or conservator who will be required to exhibit their au