INDIAN AFFAIRS: LAWS AND TREATIES

Vol. VII, Laws     (Compiled from February 10, 1939 to January 13, 1971)

Washington : Government Printing Office


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PART IV
EXECUTIVE AND DEPARTMENTAL ORDERS PUBLISHED IN THE FEDERAL REGISTER
Vol. 19—1954

Bureau of Indian Affairs—Delegations of Authority
Bureau of Indian Affairs—Delegations of Authority
Solicitor and Deputy Solicitor—Delegations of Authority; General
Commissioner of Indian Affairs—Delegation of Authority with Respect to Lease of Certain Necessary      Space and Facilities in Connection with Schooling of Navajo Children
Bureau of Indian Affairs—Delegations of Authority
Solicitor and Deputy Solicitor—Delegation of Authority—General
Commissioner of Indian Affairs—Delegation of Authority with Respect to Dwelling Accomondations for      Indians in Certain Counties in California
Trust Periods Expiring During Calendar Year 1955
Commissioner of Indian Affairs—Delegation of Authority to Negotiate Contracts for Procurement of      Feeding Service


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VOLUME 19—1954
July 19, 1954 | [Order 2508, Amdt. 8]

BUREAU OF INDIAN AFFAIRS
Delegations of Authority
Section 18

Margin Notes
VOLUME 19—1954 4585

Page 1492

Order No. 2508, as amended (14 F. R. 258; 16 F. R. 473, 11620, 11974; 17 F. R. 1570, 6418; 19 F. R. 34, 1123), is further amended as follows, to authorize the Commissioner of Indian Affairs to exercise the authority of the Secretary in relation to the classes of matters indicated.

1. Four new paragraphs designated (t), (u), (v), and (w) and reading as follows are added to section 11, Funds and fiscal matters:

(t) Applications by Osage Indians under section 5 of the act of April 18, 1912 (37 Stat. 87), for the withdrawal of individual trust funds in the Treasury of the United States.

(u) The designation of depositories of Indian moneys.

(v) The payment of salaries and expenses of officials of the Klamath Tribe and the determination of their length of stay at the seat of government pursuant to the act of May 29, 1953 (67 Stat. 40).

(w) The approval of requisitions for disbursing tribal funds.

2. Paragraph (a) under section 13 Lands and minerals, is further amended to read as follows:

(a) Leases for oil, gas, or other mining purposes covering lands or interests in lands held by the United States in trust for individual Indians, or tribes of Indians, or subject to restrictions against alienation without the consent of the Secretary of the Interior pursuant to 25 CFR, Parts 183, 186, 189, 192, 195, and 201. The authority conferred by this paragraph extends to and includes: (1) The execution of leases on behalf of the United States when such

Page 1493

execution is requested by lessees; (2) the approval of leases; (3) the approval of, or other appropriate administrative action required on, assignments of leases, whether heretofore or hereafter executed; bonds and other instruments required in connection with such leases or assignments thereof; unit and communitization agreements; well-spacing orders of the Oklahoma Corporation Commission submitted for approval under authority of section 11 of the act of August 4, 1947 (61 Stat. 731); the acceptance of the voluntary surrender of leases by lessees; the cancellation of leases for violation of the terms thereof; and the approval of agreements for settlement of claims for damage to Indian lands resulting from oil, gas, or other mineral operations.

3. A new paragraph designated (x) and reading as follows is added to section 13, Lands and minerals:

(x) The conveyance to State or local governmental agencies or to local school authorities, of all the right, title, and interest of the United States in any land and improvements thereon and personal property used in connection therewith heretofore or hereafter used for Federal Indian school purposes and no longer needed for such purposes, pursuant to the act of June 4, 1953 (67 Stat. 41).

4. Section 18, Tribal ordinances and resolutions, is amended to read as follows:

SEC. 18.

Tribal ordinances and resolutions. (a) Subject to the limitations set forth in paragraphs (b) and (c) of this section, the Commissioner may exercise the authority of the Secretary with respect to the following:

(1) Tribal ordinances and resolutions, and contracts, including expenditures under such contracts where approval of such expenditures is required, which are adopted, enacted, or negotiated by Indian tribal governing bodies pursuant to constitutions approved under section 16 or charters issued under section 17 of the act of June 18, 1934 (48 Stat. 984; 25 U.S.C., 1952 ed., secs. 461 et seq.), as amended, the act of May 1, 1936 (49 Stat. 1250; 25 U.S.C., 1952 ed., sec. 473a), and the act of June 26, 1936 (49 Stat. 1967; 25 U.S.C., 1952 ed., sec. 503), or pursuant to constitutions adopted and approved without regard to the provisions of these acts;

(2) Tribal ordinances relating to law and order adopted pursuant to 25 CFR 161.1 (e).

(b) The Commissioner shall forward to the Secretary, with a recommendation, ordinances, resolutions, or contracts which, in the opinion of the Commissioner, are:

(1) Inconsistent with an act of Congress or with a treaty or with the tribal constitution or charter under which the ordinance, resolution, or contract was adopted, enacted, or negotiated; or

(2) Should be disapproved or rescinded for any other reason.

(c) Notwithstanding the provisions of section 25 of this order, the Commissioner shall not redelegate the authority granted in this section to any officer or employee who pursuant to a tribal constitution or charter passes upon ordinances, resolutions, or contracts.

5. Paragraph (a) of section 100, Revocation-saving clause, is amended to read as follows:

(a) This order supersedes Subpart J—Bureau of Indian Affairs, of Part 4, Statement of Organization, as amended (Orders Nos. 2161, 2252, 2311, 2326, 2335, 2356), Order No. 341, Order No. 1996 (9 F. R. 12422), Order No. 2466, and Order No. 2502 (13 F. R. 8718).

RALPH A. TUDOR,
Acting Secretary of the Interior.


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