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nation of his employment in that position unless he obtains the prior approval of the Housing Expediter, or a person authorized by the Housing Expediter to grant such approval, in each matter. In applying for such approval he must file an affidavit with the Office of the Housing Expediter, stating:

(1) His former connection with the Office of the Housing Expediter;

(2) Whether his appearance in a representative capacity is in connection with a matter the consideration or handling of which would have devolved upon any Office, Branch, Division or other administrative unit of the Office of the Housing Expediter in which he was employed, either during or subsequent to his employment therein;

(3) Whether while he was connected with the Office of the Housing Expediter, the matter was pending therein; and, if it was so pending:

(i) Whether he gave personal consideration to it, or had any knowledge of the facts involved therein while so connected; and

(ii) Whether he is assisting or will be · assisted by any person who has personally considered it or gained personal knowledge of the facts thereof while connected with the Office of the Housing Expediter.

(e) Nothing contained in this section shall be deemed to be in derogation of, or to limit or supersede the provisions of $ 904.515 of Procedural Document 5,

Civilian Production Administration, Title 32, 1946 Supp. (adopted by the Housing Expediter, 12 F.R. 2120), which apply “to representative activities of employees and former employees of the War Production Board, Civilian Production Administration, or Office of Temporary Controls (Civilian Production Administration) in connection with compliance hearings and proceedings of the Office of the Housing Expediter, and which are hereby made applicable also to employees transferred to the Office of the Housing Expediter in connection with the transfer of housing functions to the Housing Expediter under Executive Order 9836.

(f) Nothing contained in this section shall be deemed to be in derogation of, or to limit or supersede the provisions of Procedural Regulation 14, Office of Price Administration (§ 1300.701 of Title 32), (adopted by the Housing Expediter in Rent Control Order 1, Office of the Housing Expediter, $ 820.1 of this chapter) which apply to the representative activities of employees and former employees of the Office of Price Administration or the Office of Temporary Controls (Office of Price Administration) in connection with rent control functions of the Housing Expediter, and which are hereby made applicable also to employees transferred to the Office of the Housing Expediter in connection with the transfer of rent control functions to the Housing Expediter under Executive Order 9841. [Reg., July 29, 1947, 12 F.R. 5041]

TITLE 25—INDIANS

Part 01

503

Chapter 1-Office of Indian Affairs, Department of the Interior......
Chapter III—Indian Claims Commission [Added]...

CHAPTER I-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.

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81

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.

[Amended]
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

Proceeds

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: F.R.

Federal Register
Reg. Regulation
R.S. Revised Statutes
Sec. Section
Stat. Statutes at Large
U.S.C. United States Code

PART 02-DELEGATION OF

AUTHORITY Sec. 02.7 Functions relating to Indian lands and

minerals. (Amended] $ 02.7 Functions relating to Indian lands and minerals. *

(b) . . .

PART 01-ORGANIZATION AND

PROCEDURE 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 o! 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 (1), 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 oficial 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]

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.

8 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.

$ 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

[ADDED] Sec. 23.1 Definitions. 23.2 Purpose of regulations. 23.3 Eligible borrowers. 23.4 Application. 23.5 Purpose of loans. 23.6 Type of credit system. 23.7 Approval of loans. 23.8 Modifications. 23.9 Interest. 23.10 Records and reports. 23.11 Maturity. 23.12 Security. 23.13 Title. 23.14 Branding. 23.15 Penalties on default. 23.16 Assignment. 23.17 Sales and exchanges. 23.18 Repayments.

Sec. 23.19 Transfer of cattle. 23.20 Relending by corporations and tribes.

AUTHORITY: 88 23.1 to 23.20, inclusive, issued under R.S. 161; 5 U.S.C. 22.

SOURCE: 88 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 operating 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.

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