purchase lieu lands within 1 year from the date of publication of the notice prescribed in section 3(b)(5) of the Act, shall be deemed to have filed a timely application to purchase notwithstanding the fact that a specific tract of land has not been designated in said election.

(c) Upon the expiration of 1 year from date of publication of the notice prescribed in section 3(b)(5) of the Act, the Superintendent shall prepare a complete list of all lands available from which selections of lieu lands may be made. The Superintendent shall also prepare a list of all former owners who elected to purchase lieu lands, numbering them consecutively without regard as to date of receipt of such election. The numbers shall then be placed on separate uniform slips of paper and placed in a bowl. The numbers will then be withdrawn from the bowl and a record made of the order in which they were withdrawn. The owner of the first number withdrawn shall be afforded the first opportunity to select lieu lands. The owners of lands represented by the following numbers will be afforded an opportunity to select lieu lands in the priority in which their numbers were drawn.

(d) When all selections of lieu lands have been made as provided in paragraph (c) of this section, the Secretary shall determine the comparability of the lands originally owned and the lieu selections. If the lieu selections are not substantially the same value as the lands originally owned, the owners shall be afforded an opportunity to make other selections which are substantially the same value.

(e) To determine whether the former Indian owned land and the selected lieu land in each case are of substantially the same value, the consideration paid by the United States for each tract may be accepted as indicative of the value of each tract at the time it was acquired. If information as to the price paid for any specific tract is not available, or if for any reason it is concluded that the consideration paid by the United States for the land is not acceptable evidence as to value for this purpose, the Secretary shall cause the tracts to be ap

(a) The purposes of these regulations are: (1) To assist in protecting Indian fishing rights on the Klamath River.

(2) To promote the proper management, conservation, and protection of the fishery resources of the Klamath River on the Hoopa Valley Reservation until such time as the Indians of that reservation assume control over those resources.

(3) To insure that the State of California's enforcement of its laws and regulations for the management and conservation of fisheries resources is compatible with the rights of the Indians of the Hoopa Valley Reservation.

(b) The conservation regulations of this part are found to be necessary to assure that the fishing rights secured to the Indians of the Hoopa Valley Reservation are protected and pre

served for the benefit of the present and future Indians of the Reservation in a manner consistent with such rights. The enactment of such regulations is consistent with and required by the trust responsibilities of the Federal Government.

(c) Present information indicates that the current level of unregulated fishing, if continued may have a detrimental effect on the fishery resources of the Reservation. Ideally, the Tribes of the Reservation should determine how these reservation resources should be utilized by the Indians of the reservation including the extent to which commercial fishing is feasible. In the absence of tribal regulation, the regulations of this part are enacted as an emergency measure. They shall be in effect until sufficient information is available to satisfy the Secretary of the Interior that such fishing does not have the potential for harming the Klamath River fishery or until the Tribes of the Reservation assume effective control over the utilization of the fishery resources but absent reenactment no later than July 1, 1978.

(d) Jurisdiction. These regulations apply to all Indians entitled to fish on the Klamath River, within the Hoopa Valley Reservation.

§ 258.5 Prohibited fishing.

The catching for the purposes of sale of more than five (5) anadromous fish per day is prohibited. No limit is established on the catching of fish for purposes other than sale.

[42 FR 47555, Sept. 21, 1977]

§ 258.6 Issuance of identification cards.

(a) The Commissioner of Indian Affairs or his designate shall arrange for the issuance of an appropriate identification card and net tag or tags to any Indian entitled to fish on the Klamath River. That identification card, the accompanying tag, and the evidence submitted in obtaining the card and tags shall be used solely for the purposes of identifying its holder as being entitled to fish on the Klamath River on an interim emergency basis and is not intended as a grant or recognition of permanent rights or privileges.

(b) An identification card shall be issued to any Indian who submits evidence satisfactory to the issuing officers that he or she is of 1⁄4 degree or more Indian blood and in addition either (1) is an allottee of the reservation, (2) is a descendant of an allottee of the reservation, or (3) can demonstrate that in the past, he or she fished on the Klamath River as an Indian.

(c) Each card shall state the name and address of the holder.

(d) No person shall allow any use of his or her identification card by any other person except as contained in subsection (f) below.

(e) The failure of any person who claims to be entitled to the benefits of an Indian fishing rights on the Klamath River to have such a card in his immediate personal possession while fishing or engaging in other activities in the claimed exercise of such rights and to display it upon request to any federal, state or tribal enforcement officer shall be prima facie evidence that the person is not entitled to exercise an Indian fishing right.

(f) The right of an individual Indian to fish and the card evidencing that right may be utilized by a designated agent who shall fish in the place and stead of the permittee. That agency

(c) All others of one-half or more Indian blood of tribes indigenous to the United States;

(d) Eskimos and other aboriginal people of Alaska; and

(e) Until January 17, 1981, a descendant of at least one-quarter degree Indian ancestry of a currently federally-recognized tribe whose rolls have been closed by an act of Congress.

§ 259.2 Appointment actions.

(a) Preference will be afforded a person meeting any one of the standards of $259.1 whether the appointment involves initial hiring, reinstatement, transfer, reassignment or promotion.

(b) Preference eligibles may be given a Schedule A excepted appointment under 5 CFR 213.3112(a)(7). However, if the individuals are within reach on a Civil Service Register, they may be given a competitive appointment.

§ 259.3 Application procedure for preference eligibility.

(a) Proof of eligibility must be submitted with the person's application for a position.

(b) In order for a person to be considered a preference eligible according to the standards of § 259.1, they must submit proof of membership, descendancy or degree of Indian ancestry as indicated on rolls or records acceptable to the Secretary.

§ 261.2 Definitions.

As used in this Part 261:

(a) "Secretary" means the Secretary of the Interior.

(b) "Commissioner" means the Commissioner of Indian Affairs.

(c) "Area Director" means the Officer in charge of one of the Bureau of Indian Affairs' Area Offices or his authorized delegate.

(d) "Superintendent" means the Officer in charge of the Agency or other local office of the Bureau of Indian Affairs.

(e) "Indian" means a person of Indian descent who is either of the following:

(1) An enrolled member; i.e., a person whose name appears on the formally approved membership roll of a tribe. In the case of the Five Civilized Tribes in Eastern Oklahoma and the Osage Tribe where rolls have been closed an applicant may be a descendant of an enrolled member accepted as such by the Superintendent; or

(2) A person who is considered to be a member by or who meets the mem

bership requirements of a federally recognized tribe.

(3) A person of one-half or more degree Indian ancestry who is a descendant of a member of a tribe that has been federally recognized by treaty or otherwise. Proof of ancestry must be by rolls or records acceptable to the Secretary. Such persons are hereinafter referred to as “nontribal Indians."

(f) "Tribe" means:

(1) An Indian tribe, band, group, pueblo or community recognized by the Secretary of the Interior; or

(2) An Alaska Native Village as defined in and eligible for benefits under the Claims Settlement Act (Act of December 18, 1971, 85 Stat. 688).

(g) "Family" means one or more persons maintaining a household.

(h) "Ownership" means having fee title, trust title (including participation in multiple ownership), leasehold interest, use permit, indefinite assignment or other exclusive possessory interest. In the case of Alaska, the term also includes one who the Superintendent determines has a reasonable prospect of becoming an owner in accordance with the provisions of the Alaska Native Claims Settlement Act (85 Stat. 688).

(i) "Standard housing" means a dwelling in a condition which is decent, safe and sanitary so that it meets the following minimums:

(1) General construction conforms to applicable building standards for the region. Structures to be improved are to be in sound condition. Deterioration, if any, will not be at a level creating a health or safety hazard, or a comfort problem.

(2) The heating system has the capacity to maintain a minimum temperature of 70 degrees in the dwelling during the coldest weather in the area. It must be safe to operate and maintain and deliver a uniform distribution of heat. Applicable local heating codes are to be followed. If there are no applicable local codes, county or state codes are to be used as a guide.

(3) The plumbing system includes a properly installed system of piping. Fixtures consist of a kitchen sink and a partitioned bathroom with lavatory, toilet and bath and/or shower. The water supply, plumbing and sewage disposal systems meet minimum standards of the Indian Health Service, tribe, county or state, whichever is applicable.

(4) The electrical system includes wiring and equipment properly installed to safely supply electrical energy for adequate lighting and for the operation of appliances. The tribal, county, or state electrical code, whichever is applicable, must be used as an alternative standard. If no codes exist, a minimum of two circuits per dwelling must be installed with provision for at least one additional circuit for future use.

(5) Family size per dwelling does not exceed these limits:

(i) Two bedroom dwelling: Up to four persons (the first bedroom must have at least 120 sq. ft. of floor space and the second bedroom must have a minimum of 100 sq. ft. of floor space.)

(ii) Three bedroom dwelling: Up to seven persons (the first bedroom must have at least 120 sq. ft. of floor space and the second and the third bedrooms must have a minimum of 100 sq. ft. of floor space each.)

(iii) Four bedroom dwelling: Adequate for all but the very largest families (the first bedroom must have at least 120 sq. ft. of floor space and the remaining bedrooms must have a minimum of 100 sq. ft. of floor space each.)

§ 261.3 Policy.

The Bureau of Indian Affairs' housing policy is consistent with the specific objectives of the National housing policy which declares that every American family should have the opportunity for a decent home and a suitable living environment. To the maximum extent possible, the program will be administered through tribes, tribal housing authorities, or other tribal organizations, or by having tribal officials participate in the applicant selection process. Every effort will be made to use Housing Improvement Program funds in conjunc

tion with other programs so the result will be a greater amount of housing improved than would otherwise be possible with the Housing Improvement Program funds alone. In cases where training programs are used in conjunction with the Housing Improvement Program, funds are to be limited to the purchase of materials and providing inspection and skilled labor otherwise unavailable.

§ 261.4 Program categories.

The Housing Improvement Program will provide assistance in the following categories:

(a) Repairs to housing that will remain non-standard. Under this category:

(1) Financial assistance will be granted to finance repairs and additions to existing substandard housing so that it is safe, more sanitary and livable until such time as standard housing is available.

(2) The standard to be applied in deciding whether to provide assistance is improvement in the condition of the house, i.e., improved livability or reduced health and safety hazards even though it may be obvious that such an undertaking will not improve the house to the extent that it will meet the standard of decent, safe and sanitary. Examples of the improvement that may be assisted are: weathertightening, re-roofing, electrical wiring, chimney repairs, foundations, heating, sanitary facilities, painting, additional living and/or sleeping space, and kitchen or bathroom additions in conjunction with Indian Health Service projects.

(3) The cumulative total expenditure of the Housing Improvement Program funds should not exceed $2,500 for any one dwelling.

(4) The funds shall be granted. No restrictions on the use of the home may be imposed. Repairs to homes being rented regardless of ownership may be made but rent cannot be increased as a result of the repair alone and applicants should have a reasonable certainty that they will remain in the house for a reasonable period following the repairs.