LIST OF DELEGATIONS OF AUTHORITY CROSS REFERENCES: For delegation of authority by the Secretary of the Interior to:

1. The District Counsels of the Bureau of Indian Affairs to perform certain functions relating to the administrative adjustment of tort claims, see § 4.21 of Title 43, infra.

2. The Commissioner of Indian Affairs to perform certain functions relating to tribal ordinances and resolutions, see § 4.716 of Title 43, infra.

3. The Commissioner of Indian Affairs to perform various functions, see §§ 4.710 (f), 4.711 (J), 4.713 (a), (e), (1) and (r), 4.714 (d), 4.715 (a) and 4.716 (a) of Title 43, infra.

4. The Commissioner of Indian Affairs to enter into contracts, see § 4.100 of Title 43, infra.

5. The Superintendent for the Five Civilized Tribes relating to litigation affecting Indians, see § 4.718 of Title 43, infra.

6. The Commissioner of Indian Affairs to lease space in real estate outside the District of Columbia, see § 4.102 of Title 43, infra.

7. The Commissioner of Indian Affairs relating to loans, see § 4.711 of Title 43, infra.

(7) The approval of rights of way for oil and gas pipe lines, telephone and telegraph lines, and public highways pursuant to the provisions of 25 CFR, Part 256, provided that the appraised value of the land taken and the damage done do not exceed $1,000. This authority extends to and includes the issuance of advance authority for preliminary surveys and permission to begin construction prior to the official approval of the right of way where the estimated value of the lands to be taken and the damage done will not exceed $1,000. [Subparagraph (7) added by Order No. 544, Sept. 24, 1947, 12 F.R. 6970]

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.

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SOURCE: §§ 23.1 to 23.20, inclusive, tained 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 operating conditions.

(f) "Corporate enterprise" means a business operated by a corporation.

(g) "Tribal enterprise" means a business operated by a tribe.

§ 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 charged one head for each ten head loaned for a period not exceeding twentyfive years.

(b) Cooperatives and individuals may be charged one head for each ten head loaned for a period not exceeding eight years.

§ 23.10

Records and reports. Borrowers, other than individuals, shall keep separate records and accounts of their cattle loans and make signed reports as directed by the Commissioner. The Commissioner shall make an annual report to the Secretary on loans of cattle.

§ 23.11 Maturity. The period of maturity of loans of cattle shall be determined according to the circumstances, except that thirty years shall be the maximum on loans to corporations and tribes, and ten years shall be the maximum on loans to cooperative associations and individuals.

§ 23.12 Security. Borrowers shall furnish security, if available, up to an amount adequate to protect the loan. Trust or restricted land may not be taken as security for loans of cattle by the United States. Assignments of income from trust or restricted land may be required as security. Loans of cattle to corporations and tribes may be secured through the assignment of notes, chattel mortgages, income, liens (except on trust or restricted land), and such other securities as the Commissioner may require, Provided, That where the constitution, bylaws or charter require approval of security by the Secretary, the approval of the Secretary or his authorized representative must be obtained before the loan is approved.

§ 23.13 Title. Unless otherwise provided in the loan agreement, title to all cattle loaned, the increase therefrom, and any "lieu" cattle to replace animals loaned, shall remain in the United States in trust for the borrower until the loan is repaid.

§ 23.14 Branding. Unless otherwise provided in the loan agreement, all cattle loaned by the United States, the increase therefrom, and any "lieu" cattle replacing animals loaned, shall be branded ID, and in the case of loans to corporate and tribal enterprises, individuals and cooperatives, all cattle shall also be branded with the brand or mark of the borrower.

§ 23.15 Penalties on default. Unless otherwise provided in the loan agreement, failure on the part of a borrower to conform to the terms of the loan agreement will be deemed grounds for any one or all of the following steps to be taken by the Commissioner or, in the case of cooperative associations and individual borrowers, by an authorized representative of the Commissioner:

(a) Take possession of any or all collateral given as security, and in the case of individuals and cooperative associations, the cattle loaned.

(b) Prosecute legal action against the borrower, or against officers of corporations, tribes, and cooperative associa tions.

(c) Declare the loan immediately due and payable.

(d) In the case of corporations and tribes, prevent further loans of cattle under the control of the borrower, and repossess any cattle which have not been reloaned, and require that all repayments on loans made by the corporation or tribe be applied to liquidate its indebtedness to the United States.

(e) In the case of cooperative associations, take possession of the assets of the borrower, and exercise or arrange for the exercise of its powers until the indebtedness to the United States is liquidated, or until the Commissioner or his authorized representative has received acceptable assurance of its repayment and of compliance with the loan agreement.

(f) In the case of corporate and tribal enterprises, liquidate or operate, or arrange for the operation of the enterprise until its indebtedness is paid, or until the Commissioner has received acceptable assurance of its repayment and of compliance with the loan agreement.

§ 23.16 Assignment. A corporation or tribe may not assign its loan agreement or any interest therein to a third party without the written consent of the Commissioner. A cooperative or individual may not make such assignment without the written consent of the Commissioner or his authorized representative.

§ 23.17 Sales and exchanges. The Commissioner or his authorized representative may grant borrowers permission to sell or exchange cattle for which repayment has not been made, provided the interests of the United States in the

shall be made to a bonded Government disbursing agent or his authorized representative, who shall issue receipts for all such payments. When it is impracticable for borrowers to repay their loans in cattle because of the death of the cattle or for other cause, the Commissioner or his authorized representative may accept from borrowers, their heirs, successors, or assigns, cash in lieu thereof for deposit as individual Indian moneys to be expended in the purchase of cattle to be credited on such loans. Such transactions shall be for the account of the borrower and credit for repayments shall be given only after the cattle have been purchased.

§ 23.19 Transfer of cattle. Cattle repaid or repossessed from borrowers or assignees may be transferred to such reservations as the Commissioner may determine for the purpose of making loans.

§ 23.20 Relending by corporations and tribes. Corporations and tribes receiving loans of cattle from the United States may relend the cattle as follows:

(a) Purpose. All loans shall be to promote the economic development of the borrower.

(b) Eligibility. Loans may be made to individual members of the corporation or tribe, subordinate bands, and to cooperative associations whose articles of association and bylaws have been approved by the Commissioner or his authorized representative.

(c) Application. The application shall be on a form approved by the Commissioner indicating the period of the loan, the interest to be paid, the security offered, and the procedures to be followed in handling and repaying the loan.

(d) Approval. All loans shall require approval of the Commissioner or his authorized representative, unless the Commissioner authorizes the corporation or tribe to approve loans up to a specified number of cattle. Loan agreements must be executed on a form approved by the Commissioner. Applications shall be approved either as submitted, or by issuance of a commitment order covering the terms and conditions of making the loan.

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Commitment orders shall be unconditionally accepted by borrowers.

(e) Modifications. Unless otherwise authorized by the Commissioner, modifications of loan agreements shall be handled through the same channels as the original loan agreement.

(f) Interest. Interest may be charged at a rate as nearly equivalent as possible to one head for each ten head loaned for a period not exceeding eight years. 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.

(g) Maturity. Ten years shall be the maximum on loans.

(h) Security. Borrowers shall furnish security, if available, up to an amount adequate to protect the loan. Liens on trust or restricted land may be taken as security by corporations and tribes.

(1) Title. Unless otherwise provided in the loan agreement, title to all cattle loaned, the increase therefrom, and any "lieu" cattle replacing animals loaned, shall remain in the United States in trust for the lender until the loan is repaid.

(j) Branding. Unless otherwise provided in the loan agreement, all cattle loaned, the increase therefrom, and any "lieu" cattle replacing animals loaned, shall be branded ID, and also with the brand or mark of the borrower.

(k) Penalties on default. Unless the loan agreement otherwise provides, failure on the part of a borrower to conform to the terms of the loan agreement will be deemed grounds for any one or all of the following steps to be taken at the option of the lender:

(1) Take possession of any or all collateral given as security, and the cattle loaned.

(2) Prosecute legal action against the borrower.

(3) Declare the loan immediately due and payable.

(4) In the case of cooperative associations, take possession of the assets of the borrower, and exercise or arrange for the exercise of its powers until the indebtedness to the corporation or tribe is liquidated, or until the lender has received acceptable assurance of its repayment and of compliance with the loan agreement.

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