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Chapter -Office of Indian Affairs, Department of the Interior.......
CHAPTER 1-OFFICE OF INDIAN AFFAIRS
DEPARTMENT OF THE INTERIOR
N. B.: Dates appearing in the citations of source of documents codified in this chapter, such as dates of issuance, approval, or effectiveness, are obtained from the original document. For general statutory provisions governing effective dates, validity, and constructive notice see section 7 of the Federal Register Act (49 Stat. 502; 44 U.S.C. 307) and sections 3 and 4 of the Administrative Procedure Act (60 Stat. 238; 5 U.S.C. 1002, 1003).
NOTE: Other regulations issued by the Department of the Interior appear in Title 18, Chapters III and IV, Title 30, Title 32, Chapter XXV, Title 36, Chapter I, Title 43, Title 48, and Title 50, Chapter I.
Determination of heirs and approval of wills, except as to members of the Five
Civilized Tribes and Osage Indians. [Revised]
Subchapter L-Irrigation Projects; Operation and Maintenance 124 Wapato Indian Irrigation Project, Washington. (Amended) 130 Operation and maintenance charges. (Amended)
Subchapter Q-Leases and Permits on Restricted Indian Lands 171 Leasing of Indian allotted and tribal lands for farming, grazing, and business.
Subchapter R-Leases and Sale of Minerals, Restricted Indian Lands 186 Leasing of tribal lands for mining. (Amended] 189 Leasing of certain restricted allotted Indian lands for mining. (Amended] Subchapter T-Patents in Fee, Competency Certificates, Sales and Reinvestment of
241 Issuance of patents in fee, certificates of competency, sale of certain Indian
lands, and reinvestment of proceeds. (Amended]
ABBREVIATIONS: The following abbreviations are used in this chapter:
PÁRT 01-ORGANIZATION AND
PART 02-DELEGATION OF
Sec. LIST OF DELEGATIONS OF AUTHORITY
02.7 Functions relating to Indian lands and CROSS REFERENCES: For delegation of au
minerals. (Amended) thority by the Secretary of the Interior to:
1. The District Counsels of the Bureau of , $ 02.7 Functions relating to Indian Indian Affairs to perform certain functions lands and minerals. * * relating to the administrative adjustment of tort claims, see § 4.21 of Title 43, infra. 2. The Commissioner of Indian Affairs to
(7) The approval of rights of way for perform certain functions relating to tribal ordinances and resolutions, see $ 4.716 of 4
oil and gas pipe lines, telephone and teleTitle 43, infra.
graph lines, and public highways pur3. The Commissioner of Indian Affairs to suant to the provisions of 25 CFR, Part perform various functions, see $ $ 4.710 (f), 256, provided that the appraised value of 4.711 (1), 4.713 (a), (e), (1) and (r), 4.714 (d).
the land taken and the damage done do 4.715 (a) and 4.716 (a) of Title 43, infra. 4. The Commissioner of Indian Affairs to
not exceed $1,000. This authority exenter into contracts, see $ 4.100 of Title 43,
tends to and includes the issuance of adinfra.
vance authority for preliminary surveys 5. The Superintendent for the Five Civi. and permission to begin construction lized Tribes relating to litigation affecting prior to the official approval of the right Indians, see $ 4.718 of Title 43, infra.
of way where the estimated value of the 6. The Commissioner of Indian Affairs to lease space in real estate outside the District
lands to be taken and the damage done of Columbia, see $ 4.102 of Title 43, infra.
will not exceed $1,000. (Subparagraph 7. The Commissioner of Indian Affairs re- (7) added by Order No. 544, Sept. 24, lating to loans, see § 4.711 of Title 43, infra. 1947, 12 F.R. 6970]
Subchapter E-Credit to Indians
and bylaws of credit and cooperative associations originally approved by the Secretary.
PART 21–GENERAL CREDIT TO
INDIANS Sec. 21.16 Educational loans. (Added) 21.17 Amendments to articles of association
and bylaws. (Added] AUTHORITY: $ $ 21.16 and 21.17 issued under secs. 10, 11, 48 Stat. 986, secs. 1, 6, 49 Stat. 1250, 1967, 57 Stat. 459, 58 Stat. 472; 25 U.S.C. 303, 470, 471, 473a, 501-509.
SOURCE: $ $ 21.16 and 21.17 contained in Regulations, Secretary of the Interior, Aug. 21, 1947, 12 F.R. 5778.
$ 21.16 Educational loans. Loans for educational purposes may be made under the regulations in this part. Notwithstanding the provisions of $ 21.6, the interest rate on such loans shall be one per cent per annum.
8 21.17 Amendments to articles of association and bylaws. The Commissioner of Indian Affairs may approve amendments to articles of association
PART 23—REVOLVING CATTLE POOL
Sec. 23.19 Transfer of cattle. 23.20 Relending by corporations and tribes.
AUTHORITY: $$ 23.1 to 23.20, inclusive, issued under R.S. 161; 5 U.S.C. 22.
SOURCE: $ $ 23.1 to 23.20, inclusive, contained in Regulations, Assistant Secretary of the Interior, June 18, 1947, 12 F.R. 3954.
$ 23.1 Definitions. Wherever used in the regulations in this part, the terms defined in this section shall have the meaning herein stated.
(a) "Secretary” means Secretary of the Interior.
(b) “Commissioner" means Commissioner of Indian Affairs.
(c) “Corporation” means an Indian corporation chartered under section 17 of the act of June 18, 1934 (48 Stat. 988; 25 U.S.C. 477).
(d) “Tribe" means an unincorporated Indian tribe or band. A tribe shall be deemed to include any band, pueblo, or group of Indians residing on one reservation having a form of organization recognized by the Commissioner.
(e) "Loans" mean both loans of cattle repayable in kind and assignments of cattle under agreements requiring maintenance of the number and other op- erating conditions.
(f) "Corporate enterprise" means a business operated by a corporation.
(g) "Tribal enterprise" means a business operated by a tribe.
$ 23.2 Purpose of regulations. The purpose of this part is to prescribe the terms and conditions of loans of cattle owned by the United States, in order to promote the economic development of the borrower. Sections 23.2 to 23.19, inclusive, shall govern loans by the United States. Relending by corporations and tribes shall be governed by the provisions of $ 23.20.
$ 23.3 Eligible borrowers. Loans of cattle may be made to:
(a) Corporations and tribes;
(b) Cooperative associations whose members are not members of a corporation or tribe making loans of cattle, and whose articles of association and bylaws have been approved by the Commissioner;
(c) Members of Indian tribes or their descendants of at least one-fourth degree of Indian blood, who are not members of a corporation or tribe making loans of cattle.
§ 23.4 Application. The application shall be submitted on a form approved by the Secretary and shall indicate the period of the loan, the interest, if any, to be paid, the security offered, and the procedures to be followed in handling and repaying the loan.
$ 23.5 Purpose of loans. Cattle loaned to corporations and tribes may be used in the operation of corporate or tribal enterprises, and to make loans to individual members, cooperative associations, and subordinate bands, in order to promote the economic development of groups or individuals.
$ 23.6 Type of credit system. Before any loans are approved, the Commissioner shall determine whether a corporate, tribal, cooperative, or individual system for making loans of cattle is to be established at a particular jurisdiction.
$ 23.7 Approval of loans. Loans of cattle to corporations and tribes shall require the approval of the Commissioner. Loans to cooperative associations and individuals shall require the approval of the Commissioner or his authorized representative, Loan agreements must be executed on forms approved by the Secretary. Applications shall be approved either as submitted, or by issuance of commitment orders covering the terms and conditions of making loans. Commitment orders shall be unconditionally accepted by borrowers.
$ 23.8 Modifications. Modifications of loan agreements shall be handled through the same channels as the original agreement, except that an authorized representative of the Commissioner may approve inodifications of loan agreements approved by the Commissioner in cases in which the number of cattle covered by the original agreement is not increased.
$ 23.9 Interest. Interest may be charged on loans of cattle by the United States at rates as nearly equivalent as possible to those set forth in this section. Payments may be made either in cattle or in cash. Cash payments shall be based on market prices of cattle as approved by the Commissioner or his authorized representative. Cattle received in payment may be reloaned under the provisions of the regulations in this part. Cash received in payment shall be deposited in the Treasury to the credit of the United States.
(a) Corporations and tribes may be $23.15 Penalties on default. Unless charged one head for each ten head otherwise provided in the loan agreeloaned for a period not exceeding twenty- ment, failure on the part of a borrower five years.
to conform to the terms of the loan (b) Cooperatives and individuals may
agreement will be deemed grounds for be charged one head for each ten head any one or all of the following steps to be loaned for a period not exceeding eight taken by the Commissioner or, in the years.
case of cooperative associations and in
dividual borrowers, by an authorized $ 23.10 Records and reports. Bor
representative of the Commissioner: rowers, other than individuals, shall keep
(a) Take possession of any or all colseparate records and accounts of their cattle loans and make signed reports as
lateral given as security, and in the
?! case of individuals and cooperative asdirected by the Commissioner. The Commissioner shall make an annual report
sociations, the cattle loaned. to the Secretary on loans of cattle.
(b) Prosecute legal action against the
borrower, or against officers of corpora$ 23.11 Maturity. The period of ma
tions, tribes, and cooperative associa. turity of loans of cattle shall be determined according to the circumstances,
(c) Declare the loan immediately due except that thirty years shall be the
and payable. maximum on loans to corporations and tribes, and ten years shall be the maxi
(d) In the case of corporations and mum on loans to cooperative associations
tribes, prevent further loans of cattle and individuals.
under the control of the borrower, and
repossess any cattle which have not been $ 23.12 Security. Borrowers shall
reloaned, and require that all repayfurnish security, if available, up to an
ments on loans made by the corporation amount adequate to protect the loan. or tribe be applied to liquidate its inTrust or restricted land may not be debtedness to the United States. taken as security for loans of cattle by
(e) In the case of cooperative assothe United States. Assignments of in
, ciations, take possession of the assets come from trust or restricted land may
of the borrower, and exercise or arrange be required as security. Loans of cattle
for the exercise of its powers until the to corporations and tribes may be se
indebtedness to the United States is liqcured through the assignment of notes,
uidated, or until the Commissioner or his chattel mortgages, income, liens (except
authorized representative has received on trust or restricted land), and such
acceptable assurance of its repayment other securities as the Commissioner may
and of compliance with the loan agreerequire, Provided, That where the con
ment. stitution, bylaws or charter require ap
(f) In the case of corporate and tribal proval of security by the Secretary, the
enterprises, liquidate or operate, or arapproval of the Secretary or his author
range for the operation of the enterprise ized representative must be obtained be
until its indebtedness is .paid, or until fore the loan is approved.
the Commissioner has received accept8 23.13 Title. Unless otherwise pro- able assurance of its repayment and of vided in the loan agreement, title to all compliance with the loan agreement. cattle loaned, the increase therefrom,
$ 23.16 Assignment. A corporation and any "lieu" cattle to replace animals
or tribe may not assign its loan agreeloaned, shall remain in the United States
ment or any interest therein to a third in trust for the borrower until the loan
party without the written consent of the is repaid.
Commissioner. A cooperative or indi$ 23.14 Branding. Unless otherwise vidual may not make such assignment provided in the loan agreement, all
without the written consent of the Comcattle loaned by the United States, the
missioner or his authorized representaincrease therefrom, and any "lieu" cat
tive. tle replacing animals loaned, shall be $ 23.17 Sales and exchanges. The branded ID, and in the case of loans to Commissioner or his authorized reprecorporate and tribal enterprises, indi- sentative may grant borrowers permisviduals and cooperatives, all cattle shall sion to sell or exchange cattle for which also be branded with the brand or mark repayment has not been made, provided of the borrower.
the interests of the United States in the