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Sec.
122.5 Children of competent Indians.
122.6 Appeals.

AUTHORITY: The provisions of this Part 122 issued under sec. 12, 41 Stat. 755, 46 Stat. 1495, as amended.

SOURCE: The provisions of this part 122 appear at 22 F.R. 10563, Dec. 24, 1957, unless otherwise noted. § 122.1 Purpose of regulations.

The regulations in this part govern the procedures in determining the competency of Crow Indians under Public Law 303, 81st Congress, approved September 8, 1949. § 122.2 Application and examination.

The Commissioner of Indian Affairs or his duly authorized representative, upon the application of any unenrolled adult member of the Crow Tribe, shall classify him by placing his name to the competent or incompetent rolls established pursuant to the act of June 4, 1920 (41 Stat. 751), and upon application shall determine whether those persons whose names now or hereafter appear on the incompetent roll shall be reclassified as competent and their names placed on the competent roll. $ 122.3 Application form.

The application form shall include, among other things: (a) The name of the applicant; (b) his age, residence, degree of Indian blood, and education; (c) his experience in farming, cattle raising, business, or other occupation (including home-making); (d) his present occupation, if any; (e) a statement concerning the applicant's financial status, including his average earned and unearned income for the last two years from restricted leases and from other sources, and his outstanding indebtedness to the United States, to the tribe, or to others; (f) a description of his property and its value, including his allotted and inherited lands; and (g) the name of the applicant's spouse, if any, and the names of his minor children, if any, and their ages, together with a statement regarding the land, allotted and inherited, held by each. § 122.4 Factors determining

petency. Among the matters to be considered by the Commissioner of Indian Affairs in determining competency are the amount of the applicant's indebtedness

to the tribe, to the United States Government, and to others; whether he is a public charge or a charge on friends and relatives, or will become such a charge, by reason of being classed as competent; and whether the applicant has demonstrated that he possesses the ability to take care of himself and his property, to protect the interests of himself and his family, to lease his land and collect the rentals therefrom, to lease the land of his minor children, to prescribe in lease agreements those provisions which will protect the land from deterioration through over-grazing and other improper practices, and to assume full responsibilty for obtaining compliance with the terms of any lease. § 122.5

Children of competent Indians. Children of competent Indians who have attained or upon attaining their majority shall automatically become competent except any such Indian who is declared incompetent by a court of competent jurisdiction or who is incompetent under the laws of the State within which he resides. § 122.6 Appeals.

An appeal to the Secretary of the Interior may be made within 30 days from the date of notice to the applicant of the decision of the Commissioner of Indian Affairs.

PART 123--OSAGE ROLL, CERTIFI

CATE OF COMPETENCY Sec. 123.1 Definitions. 123.2 Preparation of competency roll. 123.3 Determination of age and quantum

of Indian blood. 123.4 Notification; disagreement and de

cision. 123.5 Issuance of certificate of competency. 123.6 Costs of recording certificates of com

petency. 123.7 Delivery of cash and securities.

AUTHORITY: The provisions of this Part 123 issued under 62 Stat. 18; 25 U.S.C. 331 note.

SOURCE: The provisions of this Part 123 appear at 22 F.R. 10563, Dec. 24, 1957, unless otherwise noted. § 123.1 Definitions.

When used in the regulations in this part the following words or terms shall have the meaning shown below:

(a) "Secretary" means the Secretary of the Interior.

(b) "Commissioner" means the commissioner of Indian Affairs.

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(c) “Superintendent” means the superintendent of the Osage Agency.

(d) “Person" means an unallotted member of the Osage Tribe of less than one-half Indian blood who has not received a certificate of competency. § 123.2 Preparation of competency roll.

The superintendent shall cause a roll to be compiled of all persons who have attained the age of 21 years, and shall add thereto the names of minors as they attain the age of 21 years. The roll shall include the names, last known address, date of birth, and the total quantum of Osage blood and non-Osage Indian blood of each person listed thereon. & 123.3 Determination of age and quan

tum of Indian blood. (a) The date of birth as shown by the census records of the Osage Agency shall be accepted as prima facie evidence in determining the age of a person.

(b) The total quantum of Indian blood of a person shall be computed and determined as follows:

(1) When the parents of a person are enrolled members, or when one parent is an enrolled member and the other parent is a descendant of an enrolled member, or when both parents are descendants of enrolled members, or when one parent is an enrolled member of descendant of an enrolled member of the Osage Tribe, and the other parent is of non-Indian blood, the Osage Agency register of Indian families for the year ending December 31, 1901, shall be accepted as prima facie evidence of the quantum of Indian blood.

(2) When one parent of a person is an enrolled member, or the descendant of an enrolled member of the Osage Tribe, and the other parent is of non-Osage blood, the Osage Agency register of Indian families for the year ending December 31, 1901 shall be accepted as prima facie evidence in determining the quantum of Osage Indian blood.

(3) When one parent of a person is of non-Osage Indian blood, the certification of the superintendent or other officer in charge of the Indian Agency having jurisdiction over the affairs of the tribe of which the non-Osage Indian parent is a member or descendant of a member, as to such parent's quantum of Indian blood, shall be accepted as prima facie evidence in determining the quantum of nonOsage Indian blood.

(4) When the non-Osage parent of a person is alleged to be of Indian blood, and the superintendent or other officer in charge of the Indian agency having jurisdiction over the affairs of the tribe of which such parent is an alleged member or descendant of a member thereof, is unable to certify as to the quantum of Indian blood of such parent, afidavits as to such parent's quantum of Indian blood, when properly executed by two qualified individuals, may be accepted. § 123.4 Notification; disagreement and

decision. When the superintendent shall have determined that a person, 21 years or over, is of less than one-half Indian blood, he shall notify such person of his finding and inform him that if objection is not received within 20 days from the date of notification, a certificate of competency will be issued. If the person claims to be of one-half or more Indian blood and that a certificate of competency should not be issued, he should submit to the superintendent two afidavits or other evidence in support of his claim. The claim, affidavits or other evidence of the person as to his quantum of blood shall be submitted to the Commissioner of Indian Affiairs for a ruling before the certificate of competency is issued. § 123.5 Issuance of certificate of com

petency. A certificate of competency shall be issued by the superintendent on Form 5–1821 to each person heretofore or hereafter attaining the age of 21 years and who has been determined to be of less than one-half Indian blood. Such certificate shall be recorded with the county clerk of Osage County, Oklahoma, before delivering the same to the person entitled thereto. § 123.6 Costs of recording certificates of

competency. The superintendent may expend the surplus funds of a person to make direct payments of the cost of recording a certificate of competency. If the person to whom a certificate of competency is issued has no surplus funds, the cost of recording the same shall be paid from Osage tribal funds.

1 Filed with the original document. Coples may be obtained upon request at the Bureau of Indian Affairs, Department of the Interior, Washington, D.C.

§ 123.7 Delivery of cash and securities.

After issuance and recordation of a certificate of competency as authorized by the regulations in this part, the superintendent shall deliver to the individual named therein, or the legal guardian thereof, the original copy of the certificate of competency, together with all cash, stocks and bonds credited to the account of such individual upon the books of the Osage Agency, and obtain a receipt therefor.

PART 124_EQUALIZATION OF AL

LOTMENTS, AGUA CALIENTE (PALM
SPRINGS) RESERVATION, CALI-

FORNIA Sec. 124.1 Definitions. 124.2 Purpose and scope. 124.3 Tribal reserves. 124.4 Airport lands. 124.5 Protection of incompetents and mi

nors. 124.6 Designation of lands for selection pur

poses. 124.7 Order and method of selection, 124.8 Schedule of allotments. 124.9 Disposition of income from Parcel B,

Spa Lease. AUTHORITY: The provisions of this Part 124 issued under R.S. 161; 5 U.S.C. 22. Interpret or apply acts of January 12, 1891 (26 Stat. 712), March 2, 1917 (39 Stat. 969, 976), and September 21, 1959 (73 Stat. 602).

SOURCE: The provisions of this Part 124 appear at 25 F.R. 1831, Mar. 2, 1960, unless otherwise noted. § 124.1 Definitions.

(a) "Secretary" means the Secretary of the Interior or his authorized representative.

(b) "Band" means the Agua Caliente (Palm Springs) Band of Mission Indians.

(c) "Allottee" means a member of the Band living on September 21, 1959, who has received an allotment on the Agua Caliente (Palm Springs) Reservation, California, or receives an allotment under section 2 of the Act of September 21, 1959 (73 Stat. 602).

(d) “Participating allottee" means an allottee as defined herein who has received an allotment with a value that is less than the equalization figure deemed feasible by the Secretary in accordance with this regulation. $ 124.2

Purpose and scope. (a) The purpose of this regulation is to establish the procedures to be fol

lowed to equalize as nearly as possible the values of allotments of land on the Agua Caliente (Palm Springs) Reservation in California, in accordance with the provisions of the Act of September 21, 1959 (73 Stat. 602). Compliance with these procedures shall be deemed complete and full equalization of allotments on the Agua Caliente Reservation. This regulation supersedes all prior instructions regarding the equalization of allotments.

(b) Individuals who received allotments but who were not living on September 21, 1959, shall be excluded from equalization.

(c) The values to be used as a basis for equalization shall be the values of the allotments as set out in contract appraisals made for the Bureau of Indian Affairs in 1957 and 1958, excluding the value of any improvements thereon; but if lands have been sold under supervision of the Bureau of Indian Affairs by an allottee, the value used as a basis for equalization will be the amount received in such sale, excluding the value assigned to any improvements thereon, and where lands have been fee patented and sold by an allottee, the value used as a basis for equalization will be the appraised value of the land, excluding improvements, at the time it was sold, regardless of the amount received in the sale.

(d) The value of tribal lands available for equalization will also be determined on the basis of the appraisals made by independent contract appraisers. On the basis of such values, the Secretary shall calculate the highest possible level of equalization that is feasible for the allottees by allotting all of the tribal land, except the tribal reserves described herein, without regard to the acreage limitation imposed by statute prior to September 21, 1959. § 124.3 Tribal reserves.

The following tribal lands shall not be subject to allotment but shall be designated as tribal reserves for the benefit and use of the Band:

Cemetery No. 1-W12NE14 NW14 SEYA (Block 235), sec. 14, T. 4 S., R. 4 E., San Bernardino meridian, California.

Cemetery No. 2—A two-acre tract, that includes the area designated in Secretarial Order of November 5, 1958, the description of which will be determined after consultation with the Band.

[blocks in formation]

Roman Catholic Church-Lot 29, sec. 14, legal subdivisions of the public land surT. 4 S., R. 4 E., San Bernardino meridian,

veys. The maps will show unit values California, containing 2 acres, more or less.

for each designated parcel, one unit for Mineral SpringsLots 3a, 4a, 13 & 14, sec.

each $5,000 of value. Values may be 14, T. 4 S., R. 4 E., San Bernardino meridian, California.

rounded off to the nearest one-half unit. San Andreas CanyonW12 SE 14, SE 14 SE14,

§ 124.7 Order and method of selection. sec. 3, T. 5 S., R. 4 E., San Bernardino meridian, California.

(a) The Secretary shall prepare a list Palm Canyon-S12 and 812N12, sec. 14, T. of allottees entitled to participate in 5 S., R. 4 E.; all of sec. 24, T. 5 S., R. 4 E., San

equalization. Number 1 on the list shall Bernardino meridian, California.

be the participating allottee having the Tanquitz Canyon SW14, sec. 22, T. 4 S.,

lowest valued allotment. Number 2 R. 4 E.; N12, sec. 28 T. 4 S., R. 4 E., San Bernardino meridian, California.

shall be the participating allottee havMurray Canyon-E12, sec. 10, T. 6 S., R. 4 ing next to the lowest valued allotment, E., San Bernardino meridian, California. and so forth, in ascending order of

values. Participating allottees shall $ 124.4 Airport lands.

make their selections in the order in The unallotted portions of sec. 18, T. which they appear on the list. Partici4 S., R. 5 E., San Bernardino meridian, pating allottees (or the guardians of and sec. 12, T. 4 S., R. 4 E., San Bernar- such minor allottees and adults for dino meridian, which are in the munic- whom guardians or conservators have ipal airport of the City of Palm Springs been appointed under appropriate State shall be subject to selection for equaliza- law) shall be informed in writing by certion purposes with the following qualifi- tified mail of the time set for making cations: If a sale of such lands to the the selections and the number of equaliCity of Palm Springs is consummated zation units to which they are entitled. pursuant to section 3(d) of the Act of The notice shall be received at least ten September 21, 1959 (73 Stat. 602), any (10) days in advance of the time set for participating allottee who makes an the participating allottee's appearance at equalization selection from the lands the Bureau of Indian Affairs Ofice in sold to the City shall receive in lieu Palm Springs, California. Each particithereof such share of the proceeds of pating allottee shall be allowed from 12 the sale as his equalization units in the o'clock noon of the day of his scheduled airport lands bear to the total equaliza- appearance to 12 o'clock noon the foltion units of the airport lands, as estab- lowing day within which to make his lished in accordance with § 124.6.

equalization selection.

(b) A participating allottee shall select § 124.5 Protection of incompetents and

such parcel or parcels as will satisfy his minors.

equalization entitlement. A participatThe Secretary shall cause the appoint- ing allottee may, in the discretion of the ment of a guardian or conservator of the Secretary, select a portion of a desigestate of all minor allottees and for those nated parcel if it is necessary in order adult allottees who, in his judgment, are for him to obtain his full entitlement. in need of assistance in handling their A selection must be made by the indiaffairs, in accordance with applicable vidual participating allottee or by a repState laws before making any equaliza- resentative authorized by appropriate tion allotments to them.

power of attorney in writing to act for

him, except that in the case of minors § 124.6 Designation of lands for selec

and adults for whom guardians or contion purposes.

servators have been appointed under apThe Secretary shall prepare maps of propriate State laws, the selection must all tribal lands, except those reserved be made by such guardian or conservator areas enumerated above, showing who will be required to exhibit their authereon a division of such lands into thorization and to establish their parcels of sizes consistent with the re- identity. quirements of the participating allottees, (c) If a participating allottee fails to giving all possible regard to maintain- complete his selection at the time set, ing such plottage factors as will preserve he shall lose his turn in the selection to the highest degree the values in- process. Such an individual may appear herent in the lands thus being desig- at the Bureau of Indian Affairs Office nated. All parcels shall conform, as on any following day, until ten (10) days nearly as possible, to aliquot parts of after the date set for the final equaliza

tion selection, and file his selection. If such individual appears on a day assigned to another participating allottee, the scheduled participating allottee's selection will have priority. If a participating allottee has not made his selection within ten (10) days after the time set for the final selection, the Secretary shall make a selection for him. The period of time allowed for making selections are maximum periods. The Secretary and the participating allottees concerned may by mutual consent proceed in the established order with the selection of lands without awaiting the time set for the selection.

(d) If a participating allottee dies subsequent to September 21, 1959, the selection of his equalization allotment shall be made by the heirs, or in the case of unprobated estates, by the presumptive heirs of the estate. If they cannot agree within the time allowed by this regulation, the selection shall be made by the Secretary.

(e) Selections shall be made on forms approved by the Secretary. The selection of an allotment pursuant to this regulation shall not create a vested right in the land until all selections authorized by this regulation have been made, included in one schedule and approved by the Secretary, and the selection form will so provide. $ 124.8 Schedule of allotments.

Upon completion of the allotment selections, a certified allotment schedule in two parts, designated A and B, containing the names, legal descriptions of the selections and their allotment numbers, and other pertinent information, shall be prepared and submitted for approval to the Secretary. Part A of the schedule shall contain all selections except those situated within the Palm Springs municipal airport in sec. 18, T. 4 S., R. 5 E., and sec. 12, T. 4 S., R. 4 E., San Bernardino meridian, California. Part B of the schedule shall contain the selections made within the Palm Springs municipal airport. Upon approval of the schedule, trust patents shall be issued for the allotment selections described in Part A thereof. As to the selections in Part B of the schedule, if the sale to the City of Palm Springs is consummated, the proceeds shall be divided as provided in $ 124.4; if the sale is not consummated, trust patents shall be issued for such allotment selections.

$ 124.9 Disposition of income from

Parcel B, Spa Lease. Any net rents, profits, and other reyenues derived from that portion of the Mineral Springs tribal reserve as provided for in § 124.3, which is designated as Parcel B in the supplement dated September 8, 1958, to the lease by and between the Agua Caliente Band of Mission Indians and Palm Springs Spa, or the net income derived from the investment of such net rents, profits, and other revenues from the sale of said lands or assets purchased from the net rents, profits, and other revenues aforesaid or the net income from the investment thereof, shall be deposited in the Treasury of the United States to the credit of the Agua Caliente Band. Such fund may be used for such purposes as may be designated by the governing body of the Band and approved by the Secretary, except that such fund may be distributed only to those enrolled members who are entitled to an equalization allotment or to a cash payment in satisfaction thereof under the Act of September 21, 1959 (73 Stat. 602), or in the case of such a member who dies after that date, to those entitled to participate in his estate. Such distribution shall be per capita to living enrolled members and per stirpes to participants in the estate of a deceased member. (26 F.R. 3150, Apr. 13, 1961)

PART 125—REALLOTMENT OF LANDS

TO UNALLOTTED INDIAN CHIL-
DREN 1

Sec. 125.1 Relinquishment of original patent. 125.2 Relinquishment when original patent

has been lost or destroyed. AUTHORITY: The provisions of this Part 125 issued under sec. 3, 36 Stat. 856; 25 U.S.C. 408.

SOURCE: The provisions of this part 125 appear at 22 F.R. 10564, Dec. 24, 1957, unless otherwise noted.

CROSS REFERENCES: For Bureau of Land Management regulations pertaining to allotments to Indians and Eskimos, see 43 CFR Part 67. For Bureau of Land Management regulations pertaining to Indian allotments

1 The reallotment provisions herein dealt with are not applicable on reservations subject to the Indian Reorganization Act of June 18, 1934 (48 Stat. 984, as amended; 25 U. S. C. 461-479

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