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. 33—1968

California—Withdrawal in Aid of Proposed Legislation
Executive Order 11399—Establishing the National Council on Indian Opportunity
Commissioner of Indian Affairs—Delegation of Authority With Respect to Administration of Timber      Sales on Certain Submarginal Lands
South Dakota—Restoration of Lands to Ownership of Cheyenne River Sioux Tribe of Indians
Minnesota—Restoration of Lands to Tribal Ownership
Bureau of Indian Affairs—Forestry Matters
Oklahoma—Partial Restoration of Lands Withdrawn Under Departmental Order of September 19, 1934
Montana—Restoration of Land in Heart Butte School Reserve to Blackfeet Tribe
Certain Federally Owned Lands in New Mexico—Held by the U.S. in Trust for Indians of Pueblos of      Acoma, Sandia, Santa Ana and Zia
Commissioner of Indian Affairs—Delegation of Authority Regarding Acceptance of Donations
California—Withdrawal in Aid of Legislation
Trust Periods Expiring During Calendar Years 1969 Through 1973, Inclusive
Commissioner of Indian Affairs—Delegation of Authority Under Specific Legislation
Commissioner of Indian Affairs—Delegation of Authority Regarding Tribal Enactments
Executive Order 11435—Designating the Secretary of the Interior to Accept on Behalf of the United      States Retrocession by Any State of Certain Criminal and Civil Jurisdiction Over Indian Country
New Mexico—Partial Revocation of Executive Order No. 5889
Commissioner of Indian Affairs—Delegation of Authority With Respect to Specific Legislation
Commissioner of Indian Affairs—Delegation of Authority With Respect to Specific Legislation

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VOLUME 33—1968
October 24, 1968 | [Order 2508, Amdt. 78]

COMMISSIONER OF INDIAN AFFAIRS
Delegation of Authority Regarding Tribal Enactments
Section 18

Margin Notes
VOLUME 33—1968 15952

Page 1570

Order 2508 (an order by which the Secretary of the Interior delegates certain authority to the Commissioner of Indian Affairs), as amended, is further amended in section 18(a) by adding new subparagraph (3) and renumbering the existing subparagraphs (3) and (4) accordingly. The addition authorizes the Commissioner to exercise the Secretary's authority to approve disenrollment actions. As so amended, section 18(a) reads as follows:

SEC. 18.

Tribal ordinances, resolutions, constitutions, and charters. (a) The Commissioner may exercise the authority of the Secretary with respect to those matters set forth in subparagraphs (1), (2), and (3), subject to the limitations set forth in subparagraphs (4) and (5), of this paragraph:

(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

Page 1571

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., 1964 ed., secs. 461 et seq.), as amended, the act of May 1, 1936 (49 Stat. 1250; 25 U.S.C., 1964 ed., sec. 473a), and the act of June 26, 1936 (49 Stat. 1967; 25 U.S.C., 1964 ed., sec. 503), or pursuant to the 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 11.1(e).

(3) Tribal enactments disenrolling persons found not to meet the established enrollment criteria. The Commissioner's approval of such action shall be subject to appeal to the Secretary of the Interior.

(4) The Commissioner shall forward to the Secretary, with a recommendation, ordinances, resolutions, or contracts which, in the opinion of the Commissioner are: 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 should be disapproved or rescinded for any other reason.

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

STEWART L. UDALL,
Secretary of the Interior.


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