Washington : Government Printing Office
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| VOLUME 14—1949 | 258 |
| Sec. 13 | 259 |
| Sec. 19 | 260 |
Sec.
1 Appeals.
10 Health and welfare matters.
11 Funds and fiscal matters.
12 Education.
13 Lands and minerals.
14 Oil leases; Osage Indian Agency.
15 Irrigation matters.
16 Forestry and grazing matters.
17 Trade with Indians.
18 Tribal ordinances and resolutions.
19 Litigation; Five Civilized Tribes.
20 State Directors; officers in charge.
21 Navajo Agency.
22 Headquarters officials.
25 Subdelegation.
100 Revocations; saving clause.
Appeals. (a) Any action taken by the Commissioner of Indian Affairs pursuant to this order shall be subject to the right of appeal to the Secretary of the Interior. All appeals must be filed in writing with the Commissioner, who will thereafter transmit them promptly to the Secretary, together with the complete record in the case.
(b) The Under Secretary and the Assistant Secretaries of the Interior are severally authorized to dispose finally of any appeal taken pursuant to paragraph (a) of this section (5 U.S.C., sec. 22; 25 U.S.C., 1946 ed., secs. 1a, 2).
Health and welfare matters. The Commissioner may exercise the authority of the Secretary in relation to the following classes of matters:
(a) The commitment of insane Indians to Federal or State hospitals or institutions pursuant to the provisions of 25 CFR, Part 86.
(b) The quarantine of Indians refusing to submit to remedial treatment of contagious or infectious diseases, pursuant to the provisions of 25 CFR, Part 84.
(c) The extension of State health laws and regulations to Indian reservations, pursuant to the provisions of 25 CFR, Part 84.
(d) The negotiation and execution of contracts with States or Territories, or political subdivisions thereof, or with private organizations, for medical, nursing or hospital services, as authorized by the act of June 4, 1936 (25 U.S.C., secs. 452-454), and pursuant to the provisions of 25 CFR, Part 84.
(e) The negotiation and execution of contracts with States or Territories, or political subdivisions thereof, or with private organizations, for social service, relief, and child welfare, authorized by the act of June 4, 1936 (25 U.S.C., secs. 452-154).
(f) The approval of the appointment of guardians of Osage Indians pursuant to the provisions of the act of February 27, 1925 (43 Stat. 1008).
Funds and fiscal matters. The Commissioner may exercise the authority of the Secretary in relation to the following classes of matters:
(a) The approval of per capita or annuity payments from Indian tribal funds, pursuant to the provisions of 25 CFR, Part 224.
(b) The incurring of obligations in excess of appropriations currently available for the benefit of natives of Alaska, in conformity with the provisions of the act of June 1, 1944 (48 U.S.C., sec. 50 d-1).
(c) The approval of expenditures of individual Indian moneys held in the custody of the Department. This authority extends to and includes investments, loans and donations by individual Indians.
(d) The approval of surety bonds, provided that in the case of a corporate surety the bonding company has been approved by the Treasury Department.
(e) The approval of the employment of attorneys for individual Indians and the determination and payment of fees paid on a quantum meruit basis from restricted or trust funds.
(f) The approval of attorney contracts
with Indian tribes and the payment of fees and expenses thereunder, pursuant to the provisions of 25 CFR, Part 15.
(g) The approval and transmittal to the General Accounting Office, Audit Division, of accounts between the United States and Indian tribes under reimbursable appropriations, as required by the acts of April 4, 1910, and June 10, 1921 (25 U.S.C., sec. 145).
(h) The approval of applications of individual Indians of the Sioux Nation for cash benefits under the acts of March 2, 1889, June 10, 1896, and June 18, 1934 (25 U.S.C., sec. 474).
(i) The approval of applications of individual Indians for their pro rata shares of tribal trust funds, made pursuant to the provisions of 25 CFR, Part 233.
(j) The approval of quarterly pro rata share payments of Osage tribal funds and interest on individual funds in the United States Treasury pursuant to provisions of the act of June 28, 1906 (34 Stat. 544), as amended or supplemented by the acts of February 27, 1925 (43 Stat. 1008), and June 24, 1938 (52 Stat. 1034).
(k) The approval of applications by individuals, cooperative associations, credit associations, and incorporated and unincorporated tribes and bands for loans pursuant to 25 CFR, Part 21; the issuance of commitment orders; the approval of modifications of loan agreements; and the approval of articles of association and by-laws of cooperative and credit associations.
Education. The Commissioner may exercise the authority of the Secretary in relation to the following classes of matters:
(a) The negotiation and execution of contracts with State Boards of Education, as authorized by the act of June 4, 1936 (25 U.S.C., secs. 452-454), and pursuant to the provisions of 25 CFR, Part 46.
Lands and minerals. The Commissioner may exercise the authority of the Secretary in relation to the following classes of matters:
(a) The approval of leases for oil, gas or other mining purposes covering restricted tribal and allotted Indian lands pursuant to provisions of 25 CFR, Parts 183, 186, 189, 195, 201 and 207. The authority conferred by this paragraph extends to and includes the approval or other appropriate administrative action required on all assignments of mineral leases now or hereafter in force on restricted tribal and allotted Indian lands, bonds and other instruments required in connection with such leases or assignments thereof, unit and communitization agreements, the acceptance of voluntary surrender of such leases by lessees, cancellation of leases for violation of terms thereof, and approval of agreements for settlement of claims for damages to Indian lands resulting from oil and gas or other mineral operations.
(b) The approval of applications for patents in fee or certificates of competency, pursuant to the provisions of 25 CFR, Part 241.
(c) The approval of partitions of lands held in trust or subject to restrictions against alienation, pursuant to the provisions of 25 CFR, Part 241.
(d) The approval of sales and conveyances of original allotments and inherited lands pursuant to the provisions of 25 CFR, Part 241. The authority conferred by this paragraph extends to and includes the sale of inherited lands without the consent of the Indian owners, the approval of deeds or other instruments of conveyance, the issuance of certificates or memoranda of purchase to purchasers on deferred payment sales, the reduction or waiver of sales fees, the granting of extensions of time to purchasers to make payment, the cancellation of deferred payment sales in case of default, the approval of the negotiation of notes given in connection with deferred payment sales of restricted lands to the Five Civilized Tribes.
(e) The approval of exchanges of lands between individual Indians, between individual Indians and Indian tibes, between individual Indians and non-Indians and between Indian tribes and non-Indians.
(f) The approval of the purchase of lands for individual Indians and Indian tribes. This authority extends to and includes the acceptance of options for the acquisition of lands.
(g) The removal of restrictions against alienation of Indian lands, pursuant to the provisions of 25 CFR, Part 241.
(h) The approval and certification of applications for allotments on the public domain under authority of section 4 of the act of February 8, 1887 (25 U.S.C., sec. 334).
(i) The approval of authorizations for the sale of restricted Indian lands pledged as security for the repayment of tribal loans to individuals, and the approval or acceptance of conveyances of such lands in accordance with the terms of the pledge in the event of default.
(j) The approval and certification of allotment exchanges, correction of patent descriptions and cancellation of multiple allotments, as authorized by the act of April 23, 1904 (25 U.S.C., sec. 343).
(k) The approval of permits for the excavation of ruins and archeological sites and the gathering of objects of antiquity on Indian reservations, pursuant to the provisions of 25 CFR, Part 11.
(l) The issuance of tax exemption certificates covering lands designated as tax exempt under the provisions of the acts of June 20, 1936 (49 Stat. 1542), as amended by the act of May 19, 1937 (25 U.S.C., sec. 412a), and May 10, 1928 (45 Stat. 495), as amended May 24, 1928 (45 Stat. 733).
(m) The cancellation of fee patents, under authority of the act of February 26, 1927 (25 U.S.C., sec. 352a), as amended by the act of February 21, 1931 (25 U.S.C., sec. 352b).
(n) The approval of leases and permits of tribal lands for farming, grazing, or business purposes, pursuant to the provisions of 25 CFR, Part 171.
(o) The approval of rights-of-way for railroads, including ballast or material pits, oil and gas pipe lines, telephone and telegraph lines, irrigation projects, public
highways, and drainage projects, pursuant to the provisions of 25 CFR, Part 256. This authority extends to and includes the issuance of advance authority for preliminary surveys and permission to begin construction prior to final approval of the right-of-way.
(p) The approval of releases of mortgages given as security for loans made from the restricted funds of individual Indians, upon proof of payment of the loan.
(q) The approval of transfers of Osage headrights belonging to any person not an Indian by blood, pursuant to the provisions of the act of April 12, 1924 (43 Stat. 94).
(r) The approval of sand, gravel, pumice and building stone leases and permits of tribal and allotted lands pursuant to provisions of 25 CFR, Parts 186, 189, 195 and 204.
(s) The approval, with tribal consent, of sales of improvements made upon tribal lands by individual Indians.
(Secs. 10-13 issued under 5 U.S.C., sec. 22; 25 U.S.C., secs. 1a, 2)
Oil leases; Osage Indian Agency. The Superintendent of the Osage Indian Agency, or such other officer in charge of the Agency acting in his stead, may exercise the authority of the Secretary in the following classes of matters, subject to right of appeal to the Secretary of the Interior as provided for in this section:
(a) Approve oil leases made by the Osage Tribal Council, such authority to be exercised as to each lease sale only after approval by the Secretary of the Interior of the schedule of bids covering the particular sale.
(b) Approve assignments of Osage oil leases now or hereafter in force, bonds and other instruments required for leases or assignments thereof, and the acceptance of the voluntary surrender of leases.
(c) Any person aggrieved by any decision or order of the Superintendent approving, disapproving, or rejecting any lease, assignment, bond, or voluntary surrender of a lease, may appeal to the Secretary of the Interior within 30 days from the date of such decision or order. (5 U.S.C., sec. 22; 25 U.S.C., secs. 1a, 2, 396e).
Irrigation matters. The Commissioner may exercise the authority of the Secretary in relation to the following classes of matters:
(a) The issuance of irrigation operation and maintenance orders fixing per-acre assessments against lands included in Indian Irrigation Projects, under authority of the acts of August 1, 1914 (25 U.S.C., sec. 385), and March 7, 1928 (45 Stat. 210).
(b) The approval of the purchase price of privately owned lands within the San Carlos Irrigation Project, Arizona, under authority of section 4 of the act of June 7, 1924 (43 Stat. 475).
(c) The approval of contracts for the sale of water on an annual basis to lot owners in unorganized towns on the Crow Indian Irrigation Project, Montana, operated pursuant to the provisions of 25 CFR, Part 94.
Forestry and grazing matters. The Commissioner may exercise the authority of the Secretary in relation to the following classes of matters:
(a) The issuance of advertisements and the approval of timber sale contracts involving an estimated stumpage volume of not to exceed 40,000,000 feet board measure and the readjustment of stumpage rates under such contracts pursuant to provisions of 25 CFR, Part 61.
(b) The fixing of the fair stumpage value of the annual timber cut on the Menominee Indian Reservation, Wisconsin, and the approval of stumpage payments to the Menominee Indians, pursuant to the provisions of the act of March 28, 1908 (35 Stat. 51), as amended by the act of June 15, 1934 (48 Stat. 964).
(c) The negotiation and execution of cooperative fire suppression agreements with Federal, State, and private agencies.
Trade with Indians. The Commissioner may exercise the authority of the Secretary in relation to the following classes of matters without obtaining Secretarial approval:
(a) The approval of trade by Government employees with Indians pursuant to the provisions of 25 CFR, § 276.5.
Tribal ordinances and resolutions. (a) To the extent indicated in this section, the Commissioner of Indian Affairs is authorized to exercise the authority of the Secretary of the Interior with respect to passing upon tribal ordinances or resolutions adopted, subject to Secretarial review or approval, pursuant to constitutions approved or charters issued under section 16 or section 17 of the act of June 18, 1934, as amended (25 U.S.C., secs. 476, 477).
(b) The Commissioner of Indian Affairs may approve any such ordinance or resolution which, in his judgment, is not inconsistent with the provisions of any act of Congress or of any treaty or of the tribal constitution or charter under which the ordinance or resolution was adopted, and such approval shall have the same force and effect as if given by the Secretary of the Interior. As used in this paragraph, the word "approve" includes, but is not limited to, the confirmation of an approval given by a subordinate official and the rescission of a disapproval given by a subordinate official.
(c) The Commissioner of Indian Affairs shall forward to the Secretary of the Interior, with his recommendation, any such ordinance or resolution which he believes to be inconsistent with an act of Congress or with a treaty or with the tribal constitution or charter under which the ordinance or resolution was adopted, or which, in his opinion, should be disapproved or rescinded for any other reason.
(d) In subdelegating, pursuant to section 25, the powers and duties vested in him by this section, the Commissioner of Indian Affairs shall not, where a tribal constitution or charter provides for the consideration of ordinances or resolutions by the local superintendent or other specified official of the Bureau of Indian Affairs, subject to Secretarial review, delegate power
with respect to such ordinances or resolutions to the official originally passing upon such ordinances or resolutions.
(e) The authority delegated to the Commissioner of Indian Affairs in this section is in addition to, and not a limitation upon, other delegations of authority made to the Commissioner.
(Secs. 15-18 issued under 5 U.S.C., sec. 22; 25 U.S.C., secs. 1a, 2)
Litigation; Five Civilized Tribes. The Superintendent for the Five Civilized Tribes may exercise the authority of the Secretary (a) to make determinations against the removal to the United States district court of cases in which notices have been served upon the Superintendent under section 3 of the act of April 12, 1926 (44 Stat. 239), and (b) to submit to the Department of Justice recommendations for the removal of such cases to the United States district court. (5 U.S.C., sec. 22; 25 U.S.C., secs. 1a, 2; 61 Stat. 732)
State Directors; officers in charge. State Directors and officers in charge of areas formerly encompassed in Regions Nos. 1, 4, and 5 of the Bureau of Indian Affairs may severally exercise within their respective jurisdictions such authority as has been redelegated by the Commissioner of Indian Affairs to District Directors in the regulations appearing in 25 CFR §§ 02.3 to 02.10, as amended.
Navajo Agency. (a) The Superintendent of the Navajo Agency also may exercise the authority described in section 20 of this order.
(b) The Superintendent may approve applications of enterprises for the economic development of the Tribe, if the indebtedness of the borrower, exclusive of indebtedness repayable in kind, will not exceed $25,000, and he may approve modifications of applications and plans of operations theretofore approved, if the indebtedness of the borrower, exclusive of indebtedness repayable in kind, is $25,000 or less.
Headquarters officials. The Directors and Assistant Directors of divisions in the office of the Commissioner of Indian Affairs and the Chief Counsel and Assistant Chief Counsel of the Bureau of Indian Affairs are severally empowered to exercise the authority of the Commissioner of Indian Affairs in respect to deeds, contracts, mail, and other documents.
(Secs. 20, 21, and 22 issued under 5 U.S.C., sec. 22)
Subdelegation. The authority conferred upon the Commissioner in this order may be subdelegated by him to the Assistant Commissioners of Indian Affairs, to District Directors of the Bureau of Indian Affairs, or to Superintendents of Indian agencies. The Commissioner also may subdelegate to the Assistant Commissioners, the District Directors; or to the Superintendents of Indian agencies the authority conferred upon the Commissioner by the general regulations appearing in 25 CFR, insofar as such authority relates to action in individual cases. Any subdelegation of authority pursuant to this section shall provide for appeals to the Commissioner, and thereafter to the Secretary of the Interior, from actions taken by District Directors and Superintendents. (5 U.S.C., sec. 22, 25 U.S.C., secs. la, 2, 2a).
Revocations; saving clause. (a) This order supersedes Subpart J—Bureau of Indian Affairs, of Part 4, Title 43, Code of Federal Regulations, as amended (Orders Nos. 2161, 2252, 2311, 2326, 2335, 2356), and Order No. 2502 (13 F.R. 8718).
(b) Subdelegations of authority which have been made pursuant to 43 CFR, Part 4, Subpart J and which are in force on the effective date of this order shall remain in force until revoked or superseded by subdelegations made under this order.
J. A. KRUG,
Secretary of the Interior.
