funds to maintain an adequate school after evidence of reasonable tax effort and receipt of all other aids to the district without reflection on the status of Indian children.

(c) When school districts educating Indian children are eligible for Federal aid under Public Law 874, 81st Congress (64 Stat. 1100), as amended, supplemental aid under the act of April 16, 1934, supra, will be limited to meeting educational problems under extraordinary or exceptional circumstances.

[22 F.R. 10533, Dec. 24, 1957, as amended at 23 F.R. 7106, Sept. 13, 1958]

§ 33.5 General requirements for con

tracts.

(a) State plan. To become eligible to participate in contract funds a State shall formulate a plan for the distribution of contract funds to local school units, which shall be acceptable to the Commissioner of Indian Affairs or his authorized representative.

(b) Budget estimates and reports. Each State having a contract covering education in accordance with this part shall submit such budgets, estimates, and reports as may be required by the Commissioner of Indian Affairs or his authorized representative.

(c) Equal educational opportunities. Contracts shall specify that education for Indian children in public schools within the State shall be provided upon the same terms and under the same conditions that apply to all other citizens of the State.

(d) Uniform application of State law. States entering into a contract under the provisions of this part shall agree that schools receiving Indian children, including those coming from Indian reservations, shall receive all aid from the State, and other proper sources other than this contract, which other similar schools of the State are entitled to receive. In no instance shall there be discrimination by the State or subdivision thereof against Indians or in the support of schools receiving such Indians, and such schools shall receive State and other non-Indian Bureau funds or aid to which schools are entitled.

teachers, school equipment and supplies, text and library books, and construction and sanitation of buildings.

(f) Federal cooperation and inspection. Schools in which Indian children are enrolled shall be open to visits of observation and consultation by duly accredited representatives of the Federal Government.

(g) Inspection of programs. Each State having a contract covering education in accordance with this part shall make available to duly accredited employees of the Bureau of Indian Affairs such records and reports as may be necessary to enable them to conduct inspections of the school program related to the contracts.

§ 33.6

Public school use of Federal school property.

The use of federally owned facilities for public school purposes may be authorized when not needed for Federal activities. Transfers of title to such facilities may be arranged under the provisions of the act of June 4, 1953 (67 Stat. 41).

(a) Insurance covering nonexpendable property. When nonexpendable Government property is turned over to public school authorities under a permit, the permittee shall insure such property against damage by fire, windstorm, and tornado in amounts and with companies satisfactory to the superintendent or officer in charge of the Indian agency charged with responsibility for the property. In case of damage or destruction of such property by fire, windstorm, or tornado, the insurance money collected shall be expended only for repair or replacement of such property; otherwise insurance proceeds shall be remitted to the Bureau.

(b) Maintenance of buildings. The State shall maintain the property in a reasonable state of repair.

PART 34-ADMINISTRATION OF A PROGRAM OF VOCATIONAL TRAINING FOR ADULT INDIANS

Sec.

34.1

34.2

34.3

34.4

34.5

34.6

Scope of the vocational training program.

Filing application.

Selection of applicants.

Satisfactory progress during training. Approval of courses for vocational

training at institutions.

Approval of apprenticeship training. Approval of on-the-job training.

34.9

34.10

Contracts and agreements.
Waiver or exception.

AUTHORITY: The provisions of this Part 34 issued under sec. 1, 70 Stat. 986; 25 U.S.C. 309.

SOURCE: The provisions of this Part 34 appear at 22 F.R. 10534, Dec. 24, 1957, unless otherwise noted.

§ 34.1 Scope of the vocational training program.

The vocational training program provides for vocational counseling or guidance, institutional training in any vocational or trade school, as provided in § 34.5, apprenticeship and on-the-job training, for a period not exceeding twenty-four months, and for nurses' training, for periods that do not exceed thirty-six months.

[29 F.R. 5828, May 2, 1964]

§ 34.2 Filing application.

Applications for adult vocational training services may be filed at agency or similar field offices of the Bureau of Indian Affairs on and after July 1, 1957. § 34.3 Selection of applicants.

The Vocational Training Program is available primarily to adult Indians of one-fourth or more degree of Indian blood who are not less than 18 and not more than 35 years of age and who reside within the exterior boundaries of Indian reservations under the jurisdiction of the Bureau of Indian Affairs or on trust or restricted lands under the jurisdiction of the Bureau of Indian Affairs. The Program is also available to additional Indians who reside near reservations in the discretion of the Secretary of the Interior when the failure to provide the services would have a direct effect upon Bureau programs within the reservation boundaries. An application for training services may be approved, within the limitation of available funds, when it is determined that the applicant is in need of such training in order to obtain reasonable and satisfactory employment, and that it is feasible for him to pursue such training. Reasonable and satisfactory employment is employment that provides:

(a) Sufficient income for the individual or family unit to live at an economic level considered as adequate in the community; and

An applicant who enters training pursuant to the provisions of this part, is required to make satisfactory progress in his course of training and to conform to a reasonable standard of conduct. Failure to meet these requirements due to reasons within his control may result in termination of training or loss of further training benefits.

§ 34.5 Approval of courses for vocational training at institutions.

A course of vocational training at any institution, public or private, offering vocational training, or with any school of nursing offering a three-year course of study leading to a diploma in nursing which is accredited by a recognized body or bodies approved for such purpose by the Secretary, except sectarian schools restricted by the act of March 2, 1917 (25 U.S.C. 278), may be approved; Provided:

(a) The institution is accredited by a recognized national or regional accrediting association; or

(b) The institution is approved for training by a State agency authorized to make such approvals; and,

(c) It is determined that there is reasonable certainty of employment for graduates of the institution in their respective fields of training.

[29 F.R. 5829, May 2, 1964]

§ 34.6 Approval of apprenticeship training.

A program of apprenticeship training may be approved when such training:

(a) Is offered by a corporation or association which has furnished such training to bona fide apprentices for at least one year preceding participation in this program; and

(b) Is under the supervision of a State apprenticeship agency, a State Apprenticeship Council, or the Federal Apprenticeship Training Service; and

(c) Leads to an occupation which requires the use of skills that normally are learned through training on the job and employment in which occupation is based upon training on the job rather than upon such elements as length of service,

normal turnover, personality, and other personal characteristics; and

(d) Is identified expressly as apprenticeship training by the establishment offering it.

§ 34.7 Approval of on-the-job training.

On-the-job training may be approved when such training is offered by a corporation or association which has an existing on-the-job training program which is recognized by industry and labor as leading to skilled employment.

§ 34.8 Financial assistance for trainees.

Individuals or family units where the head of the family is entering training under this part may be granted financial assistance to provide for transportation to the place of training, and subsistence during the course of training. For purposes of this part, subsistence may be construed to provide for all or any part of the following items: Medical examinations; subsistence en route; subsistence during the course of training until the first full pay check from employment has been received; personal appearance; housewares; furniture; health care; payment for required books; supplies and tools for training; and payment of tuition and related cost and other required expenses, in accordance with the schedule and amounts as established by the Secretary or his authorized representative.

[27 F.R. 1888, Feb. 28, 1962]

§ 34.9 Contracts and agreements.

Training facilities and services required for the program of vocational training may be arranged through contracts or agreements with agencies, establishments, or organizations. These may include:

(a) Appropriate Federal, State or local government agencies, or

(b) Private schools other than sectarian, which have a recognized reputation in vocational education as successfully obtaining employment for its graduates in the fields of training approved by the Secretary or his authorized representative, for purposes of the program, or

(c) Corporations and associations with apprenticeship or on-the-job training programs recognized by industry and labor as leading to skilled employment. § 34.10 Waiver or exception.

The rules set forth in this part are prescribed as required by section 1, of the act of August 3, 1956, 70 Stat. 986. Waiver of or exception to these rules may be made where such waiver or exception is not inconsistent with any terms of said statute, upon a finding by the Secretary of the Interior that such waiver or exception is justified by circumstances not contemplated by these rules and such action is desirable to carry out the purpose of the statute.

(d) "Director" means the Area Director or his authorized representative of the Bureau of Indian Affairs Office which has administrative jurisdiction over the local office responsible for administering the affairs of the tribe.

(e) "Superintendent" means the official or other designated representative of the Bureau of Indian Affairs in charge of the local office which has immediate administrative jurisdiction over the affairs of the tribe for which a roll is being prepared.

(f) "Staff Officer" means the Enrollment Officer or other person authorized to prepare the roll.

(g) "Tribal Committee" means the body of the tribe vested with authority to pass on enrollment matters.

(h) "Descendents" means those persons who are the issue of the ancestor through whom enrollment rights are claimed, namely, the children, grandchildren, etc. It does not include collateral relatives such as aunts, uncles, cousins, etc.

(i) “Sponsor” means a parent, recognized guardian, next friend, next of kin, spouse, executor or administrator of estate, the Director or other person who files an application for enrollment on behalf of another person.

(j) "Basic Roll" means the specific allotment, annuity, census or other roll designated in the act as the basis upon which a new roll is to be compiled. § 41.2

Purpose.

The regulations in this Part 41 are to govern the compilation of rolls of Indian tribes by the Secretary of the Interior pursuant to statutory authority. The regulations are not to apply in the compilation of tribal membership rolls where the responsibility for the preparation and maintenance of such rolls rests with the tribes.

§ 41.3 Qualifications for enrollment and the deadline for filing applications. (a) Qualifications which must be met to establish eligibility for enrollment and the deadline for filing enrollment applications will be included in this Part 41 by appropriate amendments to this section.

(b) Tlingit and Haida Tribes in Alaska: All persons of Tlingit or Haida Indian blood residing in the various local communities or areas in the United

States or Canada on August 19, 1965, shall be eligible for enrollment provided they were legal residents of the Territory of Alaska on June 19, 1935, or prior thereto, or they are descendants of persons of Tlingit or Haida Indian blood who were legal residents of the Territory of Alaska on June 19, 1935, or prior thereto. Applications for enrollment must be postmarked no later than December 31, 1967.

(c) Miami Indians of Oklahoma and Indiana. (1) All persons of Miami Indian ancestry born on or prior to and living on October 14, 1966, whose names or the name of an ancestor through whom they claim eligibility appears on one of the following rolls, shall be entitled to be enrolled to share in the distribution of judgment funds awarded the Miami Indians of Indiana in Indian Claims Commission Docket 124-A, except persons whose names appear on the current tribal roll of the Miami Tribe of Oklahoma:

Roll of Miami Indians of Indiana of June 12, 1895.

Roll of "Miami Indians of Indiana, now living in Kansas, Quapaw Agency, I.T., and Oklahoma Territory."

Roll of Eel River Miami Tribe of Indians of May 27, 1889, prepared and completed pursuant to the Act of June 29, 1888 (25 Stat. 223).

(2) (i) All persons of Miami Indian ancestry born on or prior to and living on October 14, 1966, whose names or the name of an ancestor through whom they claim eligibility appears on any of the rolls listed in § 41.3 (c) (1) or on the roll of the Western Miami Tribe of Indians of June 12, 1891, prepared and completed pursuant to the Act of March 3, 1891 (26 Stat. 1000), shall be entitled to be enrolled to share in the distribution of the judgment funds awarded the Miami Indians in Indian Claims Commission Dockets 67 and 124.

(ii) Persons who file applications for enrollment on the roll to be prepared under § 41.3 (c) (1) need not file another application to be considered for enrollment on the roll to be prepared under § 41.3(c) (2).

(iii) Applications must be filed with the Area Director, Bureau of Indian Affairs, Federal Building, Muskogee, Okla. 74401, and must be postmarked no later than July 31, 1967.

(d) (1) Nooksack Tribe of Indians. All persons born on or prior to and living on October 14, 1966, who establish that they are descendents of members of the Nooksack Tribe as it existed in 1855 shall be entitled to be enrolled to share in the distribution of the judgment funds awarded the Nooksack Tribe.

(2) Application for enrollment must be filed with the Area Director, Bureau of Indian Affairs, Box 3785, Portland, Oreg. 97208, and must be postmarked no later than October 1, 1967.

(e) Duwamish Tribe of Indians. (1) All persons born on or prior to and living on October 14, 1966, who establish that they are descendents of members of the Duwamish Tribe as it existed in 1855 shall be entitled to be enrolled to share in the distribution of the judgment funds awarded the Duwamish Tribe of Indians.

(2) Applications for enrollment must be filed with the Area Director, Bureau of Indian Affairs, Box 3785, Portland, Oreg. 97208, and must be postmarked no later than September 1, 1967.

(1)

(f) Omaha Tribe of Nebraska. The membership roll of the Omaha Tribe prepared pursuant to the Act of September 14, 1961 (75 Stat. 508), shall be brought up to date by adding the names of children born after September 14, 1961, but on or prior to and living on November 2, 1966, who possess at least one-fourth degree aboriginal Omaha Indian blood. Children who are enrolled with any other tribes shall not be entitled to have their names added to the roll.

(2) Applications for enrollment must be filed with the Area Director, Bureau of Indian Affairs, 820 South Main Street, Aberdeen, S. Dak. 57401, and must be postmarked no later than April 1, 1967.

(g) Quileute Tribe of Indians. (1) Applicants for enrollment on the base roll of the Quileute Tribe to be prepared by the Secretary with the assistance of the tribal governing body must establish that they were born on or prior to and living on December 31, 1940. Upon approval of the base roll by the Secretary and the tribal governing body it shall become the basic membership roll of the tribe for all purposes, notwithstanding the provisions of Article II, section 1(a) of the tribal constitution and bylaws.

(2) Applicants for enrollment on the current tribal roll must establish that they were born on or prior to and living on October 14, 1966, and that they meet one of the following requirements for enrollment specified in Article II, section 1(b) of the tribal constitution:

(i) They were born to any member of the tribe who resided on the reservation at the time of the applicant's birth;

(ii) They possess one-half or more degree Indian blood and were born to a non-resident member of the tribe; or

(iii) They possess any degree of Indian blood and were born to parents who were both members of the tribe.

(3) Applications for enrollment must be filed with the Superintendent, Bureau of Indian Affairs, Western Washington Agency, 3006 Colby Avenue, Everett, Wash. 98201, and must be postmarked no later than July 1, 1967.

(4) No person who is enrolled with any other tribe shall be eligible to have his name placed on the Quileute tribal roll unless such person files with the Director a formal statement relinquishing his membership in the other tribe, including all right, title, and interest he may have in the undistributed assets of the other tribe.

(h) Hoh Tribe. (1) To be included on the base roll of the Hoh Tribe an applicant must establish that (i) he was born on or prior to and was living on October 14, 1966, (ii) his name or the name of a lineal ancestor is listed on the Census of the Hoh Indians of Neah Bay Agency, Washington, June 30, 1894, and (iii) he is not enrolled with any other tribe.

(2) Applications for enrollment must be filed with the Superintendent, Bureau of Indian Affairs, Western Washington Agency, 3006 Colby Avenue, Everett, Wash. 98201, and must be postmarked no later than July 1, 1967.

(3) No person who is enrolled with any other tribe shall be eligible to have his name placed on the Hoh base roll unless such person files with the Director a formal statement relinquishing his membership in the other tribe, including all right, title, and interest he may have in the undistributed assets of the other tribe.

(1) Brotherton Indians of Wisconsin: All persons who establish to the satisfac