The act of March 7, 1928 (45 Stat. 210; 25 U.S.C. 387) creates a first lien against irrigable lands under all Indian irrigation projects where the construction, operation and maintenance costs of such projects remain unpaid and are reimbursable, and directs that such lien shall be recited in any patent or instrument issued for such lands to cover such unpaid charges. Prior to the enactment of this legislation similar liens had been created by legislative authority against irrigable lands of the projects on the Fort Yuma, Colorado River, and Gila River Reservations, in Arizona; Blackfeet, Fort Peck, Flathead, Fort Belknap, and Crow Reservations, Mont.; Wapato project, Yakima Reservation, Wash.; the irrigable lands on the Colville Reservation within the West Okanogan irrigation district, Washington, and the Fort Hall Reservation, Idaho. This legislation, therefore, extends protection similar to that existing in the legislation applicable to the projects on the reservations above mentioned.

CROSS REFERENCES: For operation and maintenance charges and construction costs, see Parts 221, 211, 214, and 215 of this chapter. § 129.2 Instructions.

All superintendents and other officers are directed to familiarize themselves with this provision of law, and in all cases involving the issuance of patents or deeds direct to the Indian or purchaser of Indian allotments embracing irrigable lands, they will recite in the papers forwarded to the Department for action the fact that the lands involved are within an irrigation project (giving the name) and accordingly are subject to the provisions of this law. This requirement will be in addition to the existing regulations requiring the superintendents in case of sales of irrigable lands to obtain from the project engineer a written statement relative to the irrigability of the lands to be sold, and whether or not there are any unpaid irrigation charges, together with the estimated per acre construction cost assessable against the land involved in the sale. Each sale will also be accompanied by contract executed in accordance with regulations obligating the purchaser to pay the accrued charges, namely, construction, operation, and maintenance, prior to the approval of

It is important, also, for superintendents in leasing irrigable lands to present to the project engineer lists containing descriptions of the lands involved for his approval of the irrigable acreage and for checking as to whether or not such lands are in fact irrigable under existing works. Strict compliance with this section is required for the purpose of avoiding error.

§ 129.4 Prompt payment of irrigation charges by lessees.

Superintendents will also see that irrigation charges are promptly paid by lessees, and where such charges are not so paid take appropriate and prompt action for their collection. Such unpaid charges are a lien against the land, and accordingly any failure on the part of the superintendents to collect same increases the obligation against the land.

The rules and regulations in this part shall apply to those Indians whose names appear on the official enrollment records of the Torres-Martinez Band of Mission Indians as of June 30, 1949, approved by the Secretary of the Interior, who have not heretofore received allotments.

§ 130.3 Size of allotments.

Each member shall be entitled to an allotment of not to exceed 40 acres of land classed as irrigable or potentially irrigable and available for allotment by the Secretary of the Interior. § 130.4 Description of allotments.

Each allotment selection must be described by legal subdivision or aliquot part thereof based upon public land surveys made by the Department of the Interior and wherever possible must consist of a single tract or contiguous tracts of land.

§ 130.5

Method of selection.

The Area Director, Sacramento Area Office, or his representative, shall be available during the periods specified in this part, at an office of the Bureau of Indian Affairs located in the proximity of the Torres-Martinez Reservation to assist the Indians in making allotment selections. A map of the reservation on which is shown the irrigable and potentially irrigable land which may be allotted, shall be available in such office during regular business hours for use in making the allotment selections. Each adult member shall select his allotment from tribal land available for allotment. Selections for minors shall be made by one of the parents or by the Area Director's authorized representative should the parents refuse or fail to make a selection. Selections for orphan members or members who are under legal disability shall be made by the Area Director's authorized representative. Members who are not able to appear personally and sign the required forms for their selection, may in writing appoint a representative to make the allotment selection, provided the appointment is duly acknowledged before

a notary public or other officer authorized to take acknowledgments. Appropriate forms for making selections shall be furnished by the Area Director. § 130.6 Notice of allotment.

The Area Director shall mail a copy of the rules and regulations in this part, together with a letter entitled "Notice of Allotment" bearing the date it is posted, by registered mail to each member eligible for an allotment to the member's last known address. The letter shall inform each member of the place and the period of time when allotment selections will be accepted. In addition, copies of the rules and regulations in this part, together with copies of the Area Director's letter, shall be posted at several conspicuous places on and in the vicinity of the reservation.

§ 130.7 Priority of owners of improve

ments.

Priority in the selection of land, upon which there are improvements, will be given to those members who own the improvements, provided such improvements were placed thereon prior to July 1, 1954. The lands classed as improved tracts will be designated on the map used for allotting purposes by the Area Director. The owner of the improvements on the land shall file on such land for allotment selection within a period of 15 days from the date of the "Notice of Allotment". Failure of such member to take the required action within the specified time will constitute a forfeiture of this priority right.

§ 130.8 Priority of previous selectees.

Priority in the selection of subjugated or unsubjugated land which has not been selected in accordance with § 130.7 will be given to those members who submit documentary evidence to show that a bona fide selection was made prior to August 25, 1950, the date of the act above cited. Acceptable proof must be in the form of an official letter or other document of acknowledgement from the Bureau of Indian Affairs. Members claiming priority rights as previous selectees will be given from the 15th day to the 45th day from the date of the "Notice of Allotment" for filing acceptable proof and 15 days following this to make selections. Priority of selection shall be based upon the order in which the previous selectees had filed their unapproved selections with the Bureau. Failure of a member to take the required

action within the specified time will constitute a forfeiture of this priority right. § 130.9 Priority of selecting remaining lands available for allotment.

Upon the expiration of the 60-day period, as outlined in §§ 130.7 and 130.8, the order of preference for the members who have not yet made selections for the remaining lands will be determined by a drawing of numbers conducted by the Area Director, or his authorized representative. Notice of drawing for order number shall be sent to members by registered mail ten days in advance of the date set out for the drawing. There shall be only one drawing of numbers for all members. Members who are minors and others who are under legal disability shall have a number drawn for them by a parent or the Area Director's authorized representative. Members who are unable to appear personally may appoint a representative in accordance with the procedure for such appointment contained in § 130.5 Method of selection. All numbers shall be taken and the drawing closed on the date selected for same. If members eligible to draw a number either for themselves or for a minor shall fail to appear on the date set for the drawing, the representative of the Area Director is authorized to make the drawing for such persons. The selection of land shall be made in the order established by the drawing. The person entitled to make the first selection by reason of drawing the number "1" will be allowed five days from the date of notification within which to appear at the allotting office and make his selection. Following the completion of the allotment selection by the person holding the number "1" or the expiration of the 5-day period, whichever comes first, the holder of number "2" will be notified in writing to appear at the allotting office as soon as possible and not later than five days from the date of the notice for the purpose of making his selection. The holders of each of the next consecutive numbers drawn will be mailed a similar notice as the selection by the holder of the preceding number is completed or at the expiration of the 5-day period for making the selection. The selection of each selectee shall be made within five days from the date of his notification. Otherwise, the order of preference obtained in the drawing will be forfeited and his selection may not be made prior to the selection of the holder

of the next highest number in the drawing, unless, due to circumstances beyond his control, he is unable to appear. If his selection is not made before the holder of the second highest number to his has made his selection, then his number shall be placed next in line. In the event he again fails to make a selection for himself or a member of his family, the Area Director or his authorized representative shall make such selections as may be necessary in order that the selection process may not be unduly delayed and that the schedule of allotments may be closed.

§ 130.10 Disposition of improvements.

Any member owning improvements on land selected properly by another member may remove, or otherwise dispose of the improvements, within a 60-day period from the date of notification by the Area Director to such member to dispose of such improvements. If in any case the whereabouts of the owner of the improvements is not immediately known, an additional reasonable time may be allowed by the Area Director in which to locate the owner so that he, or his duly appointed representative, may have an opportunity to remove or dispose of such improvements.

Upon the completion of the allotment selections, a certified allotment schedule containing the names of the allottees, the legal descriptions of their selections and other pertinent information, shall be prepared by the Area Director. The allotment schedule shall be submitted to the Secretary of the Interior, through the Commissioner of Indian Affairs, for approval.

§ 130.12 Issuance of trust patents.

With the request for approval of the allotment schedule, the Area Director shall also request the Secretary of the Interior to authorize the Director, Bureau of Land Management to issue trust patents for each of the selections in accordance with the act of January 12, 1891 (26 Stat. 712), as amended by the act of March 2, 1917 (39 Stat. 969, 976).

§ 130.13 Special instructions.

To facilitate the work of the Area Director, the Commissioner, Bureau of Indian Affairs, may issue special instructions consistent with the rules and regulations in this part.

Violation of lease.

131.15 Crow Reservation.

131.16 Fort Belknap Reservation.

181.17 Cabazon, Augustine, and

Torres

Martinez Reservations, California.
Colorado River Reservation.
Grazing units excepted.

131.18
131.19
131.20 San Xavier and Salt River Pima-
Maricopa Reservations.

AUTHORITY: The provisions of this part 131 issued under R.S. 161; 5 U.S.C. 22, R.S. 463 and 465; 25 U.S.C. 2 and 9. Interpret or apply sec. 3, 26 Stat. 795, sec. 1, 28 Stat. 305, secs. 1, 2, 31 Stat. 229, 246, secs. 7, 12, 34 Stat. 545, 34 Stat. 1015, 1034, 35 Stat. 70, 95, 97, sec. 4, 36 Stat. 856, sec. 1, 39 Stat. 128, 41 Stat. 415, as amended, 751, 1232, sec. 17, 43 Stat. 636, 641, 44 Stat. 658, as amended, 894, 1365, as amended, 47 Stat. 1417, sec. 17, 48 Stat. 984, 988, 49 Stat. 115, 1135, sec. 55, 49 Stat. 781, sec. 3, 49 Stat. 1967, 54 Stat. 745, 1057, 60 Stat. 308, secs. 1, 2, 60 Stat. 962, sec. 5, 64 Stat. 46, secs. 1, 2, 4, 5, 6, 64 Stat. 470, 69 Stat. 539, 540, 72 Stat. 968; 25 U.S.C. 380, 393, 393a, 394, 395, 397, 402, 402a, 403, 403a, 403b, 403c, 413, 415, 415a, 415b, 415c, 415d, 477, 635.

SOURCE: The provisions of this Part 181 appear at 26 F.R. 10966, Nov. 23, 1961, unless otherwise noted.

99-147-69-12

States in trust for a tribe, band, community, group or pueblo of Indians, and land that is held by a tribe, band, community, group or pueblo of Indians subject to Federal restrictions against alienation or encumbrance, and includes such land reserved for Indian Bureau administrative purposes when it is not immediately needed for such purposes. The term also includes lands held by the United States in trust for an Indian corporation chartered under section 17 of the Act of June 18, 1934 (48 Stat. 984; 25 U.S.C. 476). This term also includes assignments of tribal land. Unless the terms of the assignment provide for the leasing of the land by the holder of the assignment, the tribe must join with the assignee in the grant of a lease.

(d) "Government land" means land, other than tribal land, acquired or reserved by the United States for Indian Bureau administrative purposes which are not immediately needed for the purposes for which they were acquired or reserved and land transferred to or placed under the jurisdiction of the Bureau of Indian Affairs.

(e) "Permit" means a privilege revocable at will in the discretion of the Secretary and not assignable, to enter on and use a specified tract of land for a specified purpose. The terms "lease" "lessor", and "lessee", when used in this part include, when applicable, "permit" "permitter", and "permittee", respectively.

§ 131.2

Grants of leases by Secretary.

(a) The Secretary may grant leases on individually owned land on behalf of: (1) Persons who are non compos mentis; (2) orphaned minors; (3) the undetermined heirs of a decedent's estate; (4) the heirs or devisees to individually owned land who have not been able to agree upon a lease during the threemonth period immediately following the date on which a lease may be entered into; provided, that the land is not in use by any of the heirs or devisees; and (5) Indians who have given the Secretary written authority to execute leases on their behalf.

(b) The Secretary may grant leases on the individually owned land of an adult Indian whose whereabouts is unknown, on such terms as are necessary to protect and preserve such property.

(c) The Secretary may grant permits on Government land.

§ 131.3 Grants of leases by owners or their representatives.

The following may grant leases: (1) Adults, other than those non compos mentis, (2) adults other than those non compos mentis, on behalf of their minor children, and on behalf of minor children to whom they stand in loco parentis when such children do not have a legal representative, (3) the guardian, conservator or other fiduciary, appointed by a state court or by a tribal court operating under an approved constitution or law and order code, of a minor or persons who are non compos mentis or are otherwise under legal disability, (4) tribes or tribal corporations acting through their appropriate officials.

§ 131.4 Use of land of minors.

The natural or legal guardian, or other person standing in loco parentis of minor children who have the care and custody of such children may use the individually owned land of such children during the period of minority without charge for the use of the land if such use will enable such person to engage in a business or other enterprise which will be beneficial to such minor children. § 131.5 Special requirements and pro

visions.

(a) All leases made pursuant to the regulations in this part shall be in the form approved by the Secretary and subject to his written approval.

(b) Except as otherwise provided in this part no lease shall be approved or granted at less than the present fair annual rental.

(1) An adult Indian owner of trust or restricted land may lease his land for religious, educational, recreational or other public purposes to religious organizations or to agencies of the Federal, State or local government at a nominal rental. Such adult Indian may lease land to members of his immediate family with or without rental consideration. For purposes of this section, "immediate family" is defined as the Indian's spouse, brothers, sisters, lineal ancestors, or descendants.

(2) In the discretion of the Secretary, tribal land may be leased at a nominal rental for religious, educational, recreational, or other public purposes to religious organizations or to agencies of

Federal, State, or local governments; for purposes of subsidization for the benefit of the tribe; and for homesite purposes to tribal members provided the land is not commercial or industrial in character.

(3) Leases may be granted or approved by the Secretary at less than the fair annual rental when in his judgment such action would be in the best interest of the landowners.

(c) Unless otherwise provided by the Secretary a satisfactory surety bond will be required in an amount that will reasonably assure performance of the contractual obligations under the lease. Such bond may be for the purpose of guaranteeing:

(1) Not less than one year's rental unless the lease contract provides that the annual rental shall be paid in advance.

(2) The estimated construction cost of any improvement to be placed on the land by the lessee.

(3) An amount estimated to be adequate to insure compliance with any additional contractual obligations.

(d) The leasee may be required to provide insurance in an amount adequate to protect any improvements on the leased premises; the lessee may also be required to furnish appropriate liability insurance, and such other insurance as may be necessary to protect the lessor's interest.

(e) No lease shall provide the lessee a preference right to future leases nor shall any lease contain provisions for renewal, except as otherwise provided in this part. No lease shall be entered into more than 12 months prior to the commencement of the term of the lease. Except with the approval of the Secretary no lease shall provide for payment of rent in advance of the beginning of the annual use period for which such rent is paid. The lease contract shall contain provisions as to the dates rents shall become due and payable.

(f) Leases granted or approved under this part shall contain provisions as to whether payment of rentals is to be made direct to the owner of the land or his representative or to the official of the Bureau of Indian Affairs having jurisdiction over the leased premises.

(g) All leases issued under this part shall contain the following provisions:

(1) While the leased premises are in trust or restricted status, all of the lessee's obligations under this lease, and the obligations of his sureties, are to the