of any property turned over to such person and the income or proceeds therefrom, with such reasonable degree of prudence and wisdom as will be apt to prevent him from losing such property or the benefits thereof.

(b) He has been determined tentatively to be in the category defined by the statute, and an order removing restrictions will be issued 60 days after the date of the notice, unless he or someone acting in his behalf, presents persuasive reasons for not issuing the order. Such reasons should be in writing and received in the office issuing the notice before the end of the 60-day period.

(a) If no objection is filed, as permitted by

121.54(b), the order shall be issued at the end of the 60-day period, and the Indian and the Board of County Commissioners for the county in which the Indian resides shall be so notified. The order shall become effective six months after the date of such notice, unless set aside by order of a county court. The timely initiation of proceedings before a county court shall stay the effective date of an order until the proceedings are concluded.

(b) If an Indian, or someone acting in his behalf, submits within the 60-day period allowed for that purpose, reasons for not issuing the order, and it is determined the reasons are not persuasive, the Indian and any person acting in his behalf shall be notified in writing that the order will be issued, notwithstanding the objections, 30 days after the date of such notification. The notification shall allow a right of appeal to the Secretary of the Interior within the 30-day period.

§ 121.56 Appeals from decision to issue order.

An appeal to the Secretary, together with supporting data, must be transmitted to the officer issuing the notice of the proposed removal of restrictions, and must be received by such officer before the expiration of the 30-day period mentioned in § 121.55(b). Issuance of the order removing restrictions shall be withheld until the appeal is decided. If no appeal is received by the end of the 30-day period allowed for appeals, or if an appeal is dismissed, the order removing restrictions shall be issued, and the Indian and the Board of County Commissioners for the county in

which the Indian resides shall be so notified. The order shall become effective six months after the date of such notice, unless set aside by order of a county court. The timely initiation of proceedings before a county court shall stay the effective date of an order until the proceedings are concluded.

§ 121.57 Judicial review.

When an order removing restrictions is issued, copies thereof shall be delivered to the Indian, and to any person acting in his behalf, and to the Board of County Commissioners for the county in which the Indian resides, with the notification that, under the terms of the act of August 11, 1955 (69 Stat. 666), the Indian or the Board of County Commissioners has the right, within six months from the date of the notice of the order, to apply to the county court for the county in which the Indian resides for an order setting aside the order removing restrictions. The timely initiation of such proceedings shall stay the effective date of the order until the proceedings are concluded.

MORTGAGES AND DEEDS OF TRUST TO
SECURE LOANS TO INDIANS

§ 121.61 Approval of mortgages and deeds of trust.

The Commissioner of Indian Affairs or his authorized representative may approve mortgages or deeds of trust on any individually owned trust or restricted land whenever such lands under any law or treaty may be sold with the approval of the Secretary of the Interior or his duly authorized representative. The approval of such a mortgage or deed of trust terminates the trust or restricted status of the land only with respect to such mortgage or deed of trust and only for the purpose of permitting foreclosure or sale pursuant to the terms of the mortgage or deed of trust in accordance with the laws of the State or Territory in which the land is situated. [23 F.R. 6494, Aug. 22, 1958]

§ 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.

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.

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.

(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 quantum 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, affidavits 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 affidavits 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 Affairs 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. Copies may be obtained upon request at the Bureau of Indian Affairs, Department of the Interior, Washington, D.C.

124.6 Designation of lands for selection purposes.

124.7

124.8 124.9

Order and method of selection.
Schedule of allotments.

Disposition of income from Parcel B,
Spa Lease.

AUTHORITY: The provisions of this Part 124 issued under R.S. 161; 5 U.S.C. 301. Interpret or apply acts of January 12, 1891 (26 Stat. 712), March 2, 1917 (39 Stat. 969, 976), and September 21, 1959 (78 Stat. 602).

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

(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.

Roman Catholic Church-Lot 29, sec. 14, T. 4 S., R. 4 E., San Bernardino meridian, California, containing 2 acres, more or less. Mineral Springs-Lots 3a, 4a, 13 & 14, sec. 14, T. 4 S., R. 4 E., San Bernardino meridian, California.

San Andreas Canyon-W1⁄2 SE, SE1⁄44 SE, sec. 3, T. 5 S., R. 4 E., San Bernardino meridian, California.

Palm Canyon-S1⁄2 and S1⁄2N1⁄2, sec. 14, T. 5 S., R. 4 E.; all of sec. 24, T. 5 S., R. 4 E., San Bernardino meridian, California.

Tahquitz Canyon-SW, sec. 22, T. 4 S., R. 4 E.; N2, sec. 28 T. 4 S., R. 4 E., San Bernardino meridian, California.

Murray Canyon-E1⁄2, sec. 10, T. 5 S., R. 4 E., San Bernardino meridian, California.

§ 124.4 Airport lands.

The unallotted portions of sec. 18, T. 4 S., R. 5 E., San Bernardino meridian, and sec. 12, T. 4 S., R. 4 E., San Bernardino meridian, which are in the municipal airport of the City of Palm Springs shall be subject to selection for equalization purposes with the following qualifications: If a sale of such lands to the City of Palm Springs is consummated pursuant to section 3(d) of the Act of September 21, 1959 (73 Stat. 602), any participating allottee who makes an equalization selection from the lands sold to the City shall receive in lieu thereof such share of the proceeds of the sale as his equalization units in the airport lands bear to the total equalization units of the airport lands, as established in accordance with § 124.6.

§ 124.5 Protection of incompetents and minors.

The Secretary shall cause the appointment of a guardian or conservator of the estate of all minor allottees and for those adult allottees who, in his judgment, are in need of assistance in handling their affairs, in accordance with applicable State laws before making any equalization allotments to them.

legal subdivisions of the public land surveys. The maps will show unit values for each designated parcel, one unit for each $5,000 of value. Values may be rounded off to the nearest one-half unit. § 124.7 Order and method of selection.

(a) The Secretary shall prepare a list of allottees entitled to participate in equalization. Number 1 on the list shall be the participating allottee having the lowest valued allotment. Number 2 shall be the participating allottee having next to the lowest valued allotment, and so forth, in ascending order of values. Participating allottees shall make their selections in the order in which they appear on the list. Participating allottees (or the guardians of such minor allottees and adults for whom guardians or conservators have been appointed under appropriate State law) shall be informed in writing by certified mail of the time set for making the selections and the number of equalization units to which they are entitled. The notice shall be received at least ten (10) days in advance of the time set for the participating allottee's appearance at the Bureau of Indian Affairs Office in Palm Springs, California. Each participating allottee shall be allowed from 12 o'clock noon of the day of his scheduled appearance to 12 o'clock noon the following day within which to make his equalization selection.

(b) A participating allottee shall select such parcel or parcels as will satisfy his equalization entitlement. A participating allottee may, in the discretion of the Secretary, select a portion of a designated parcel if it is necessary in order for him to obtain his full entitlement. A selection must be made by the individual participating allottee or by a representative authorized by appropriate power of attorney in writing to act for him, except that in the case of minors and adults for whom guardians or conservators have been appointed under appropriate State laws, the selection must be made by such guardian or conservator who will be required to exhibit their authorization and to establish their identity.

(c) If a participating allottee fails to complete his selection at the time set, he shall lose his turn in the selection process. Such an individual may appear at the Bureau of Indian Affairs Office on any following day, until ten (10) days after the date set for the final equaliza