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terest accruing thereon are made to the said cashier or his successor, for the benefit of the proper allottees, or if such note or notes are properly negotiated with the approval of the Secretary of the Interior, to the owner or owners of such notes, and such notes shall be nonnegotiable except with the approval of the said Secretary. The note or notes shall be held by the said cashier or his successor for collection when due. Said notes shall draw interest from date of execution until paid at the rate of 6 percent per annum.

§ 241.42 Deferred payments; how accounted. All moneys received by the cashier or his successor as consideration for land, including moneys received on account of deferred payments and accrued interest thereon, shall be deposited or held to the credit of the proper allottee in individual Indian accounts and be subject to the rules, regulations and orders of this Department governing the holding of moneys so deposited and the disbursement thereof.

CROSS REFERENCES: For individual Indian money regulations, see Part 221 of this chapter. For deposit of Indian funds in banks, see Part 230 of this chapter.

§ 241.43 Consummation of sale. Upon the consummation of a sale in compliance with the regulations in this part the superintendent, or other officer in charge of the office of the Five Civilized Tribes, will make appropriate endorsements upon the order for the removal of restrictions from the land sold and on the deed of conveyance as prescribed by Forms Five Civilized Tribes 5-540 and 5-183c. The order for the removal of restrictions and the deed thus endorsed shall, after proper record thereof has been made at the office of the said superintendent, be delivered to the grantee.

§ 241.44 Reinvestment of funds in restricted nontaxable land. In any case where lands are purchased for the use and benefit of any citizen of the Five Civilized Tribes of the restricted class, payment for which is made from proceeds arising from the sale of restricted nontaxible land, the said superintendent shall cause conveyance of such lands to be made on form of conveyance containing an habendum clause against

For further information regarding forms, see § 241.34.

alienation, taxation, or encumbrances, as follows:

TO HAVE AND TO HOLD said described premises, unto said grantee

heirs and assigns, forever, free, clear, and discharged of all former grants, charges, taxes, judgments, mortgages, and other liens and encumbrances of whatsoever nature, subject to the condition that no lease, deed, mortgage, power of attorney, contract to sell, or other instrument affecting the land herein described or the title thereto shall be of any force and effect, unless approved by the Secretary of the Interior or the restrictions from said land are otherwise removed by operation of law.

§ 241.45 Superintendent's certificate on deed. Before delivery and recording of such deed of conveyance the said superintendent will attach a certificate of notice in the following form:

I hereby certify that the land described in the above deed was purchased for a home for the said with funds HELD IN TRUST by the United States for H_ derived from the sale of restricted lands as authorized by the terms of the act of March 2, 1931 (46 Stat. 1471) as amended June 30, 1932 (47 Stat. 474), and is nontaxable as therein provided.

Superintendent for the Five Civilized
Tribes.

§ 241.46 Purchase of restricted, nontaxable personal property with restricted funds. In all cases where purchases of automobiles, horses, wagons, buggies, cattle, agricultural implements, or other personal property are made for individual Indians, payments for which are made from moneys received from the sale of restricted allotted lands, or from other moneys held under the control of the Department of the Interior, the superintendent for the Five Civilized Tribes will, when in his judgment it is to the Indian's best interest, cause a bill of sale to be executed by the vendor or vendors conveying the property purchased to the United States, to be held in trust for the use and benefit of the respective allottees or their heirs who are of the restricted class.

§ 241.47 Identification USIS. (a) The superintendent for the Five Civilized Tribes may cause all such property to be branded on some prominent place, "USIS" to indicate that the property was purchased by the United States through the Indian service.

(b) The law of the State of Oklahoma shall be followed in taking bills of sale. The bill of sale should be filed at the

office of the county clerk for the county in which the property is located and duplicate thereof retained in the office of the superintendent for the Five Civilized Tribes.

(c) Before filing the bill of sale, certificate of notice shall be indorsed thereon by the said superintendent or such other officer of the Department as he may designate for the purpose, evidencing the official character of the transaction and the nature of the funds affected.

§ 241.48 Alienation of property covered by bill of sale; invalid unless previously authorized. No sale, mortgage, or other disposition of the property covered by a bill of sale, as provided in the regulations in this part, shall be of any force or validity except with the written consent previously obtained and the approval subsequently given of the superintendent for the Five Civilized Tribes, or such other officer as he may designate for the purpose; and in the event the Indian attempts to sell, mortgage, or otherwise dispose of such property the said superintendent shall promptly notify the Department to that effect, forwarding the original bill of sale, in order that proper proceedings may be instituted for the recovery of the property.

SALES, REMOVALS OF RESTRICTIONS AGAINST ALIENATION, AND CONVEYANCES OF PURCHASED LANDS

§ 241.49 Purchased lands defined. Purchased lands are defined to include all lands held by individual Indians under deeds or other instruments of conveyance which recite that the lands shall not be sold or alienated without the consent or approval of the superintendent, the Commissioner of Indian Affairs, or the Secretary of the Interior, irrespective of whether the lands were acquired by purchase with resticted moneys, in exchange for other restricted property, or as gifts.

[Order 2332, 12 F. R. 3889]

§ 241.50 Sale of purchased lands. The Indian owner of purchased land may apply for the sale of all or any part of such land in conformity with the applicable provisions of §§ 241.17 to 241.32, inclusive. No sale or conveyance made pursuant thereto shall be valid unless approved by the Commissioner of Indian Affairs or his authorized representative. [Order 2332, 12 F. R. 3889]

§ 241.51 Removal of restrictions against alienation of purchased lands. Applications for the removal of restrictions from purchased lands shall be filed by the Indian owners with the superintendent having jurisdiction over the lands. If the lands are not located within the territorial limits of an Indian reservation, the Indian owners may file the applications with the superintendent most conveniently located with respect to the land. Each application shall set forth the experience which the applicant has had in the transaction of his business affairs and the reasons why a removal of restrictions is desired. An appraisement of the land shall be made. If it appears that the applicant is competent and capable of managing his affairs or that the removal of restrictions is otherwise to the best interests of the applicant, an order removing all restrictions against alienation of the land covered by the application will be issued by the Commissioner of Indian Affairs or his authorized representative. [Order 2332, 12 F. R. 3889]

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SOURCE: §§ 242.1 to 242.59 appear at 13 F. R. 3229.

SUBPART A-PREPARATION OF ROLL AND ISSUANCE OF CERTIFICATES OF COMPETENCY

§ 242.1 Definitions. When used in the regulations in this subpart 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 unalloted member of the Osage Tribe of less than one-half Indian blood who has not received a certificate of competency.

§ 242.2 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.

§ 242.3 Determination of age and quantum of Indian blood. 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.

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

(a) 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 or 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.

(b) 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.

(c) 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.

(d) 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.

§ 242.4 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 compentency is issued.

§ 242.5 Issuance of certificate of competency. 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

1 Filed with the original document. Copies may be obtained upon request at the Bureau of Indian Affairs, Department of the Interior, Washington 25, D. C.

certificate shall be recorded with the county clerk of Osage County, Oklahoma, before delivering the same to the person entitled thereto.

§ 242.6 Costs of recording certificates of competency. The superintendent may expend the surplus funds of a person to make direct payment 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.

§ 242.7 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.

SUBPART B-CHANGING DESIGNATION OF HOMESTEAD ALLOTMENTS, EXCHANGES OF RESTRICTED LANDS, AND PARTITION PROCEEDINGS

§ 242.51 Definitions. When used in the regulations in this subpart 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) "Special attorney" means the special attorney for Osage Indians, or other legal officer designated by the Commissioner.

(e) "Homestead" means the restricted non-taxable lands, not exceeding 160 acres, allotted to an enrolled member of the Osage Tribe pursuant to the act of June 28, 1906 (34 Stat. 539), or the restricted surplus lands designated in lieu thereof pursuant to the act of May 25, 1918 (40 Stat. 578).

(f) "Surplus land" means those restricted lands, other than the homestead, allotted to an enrolled member of the Osage Tribe pursuant to the act of June 28, 1906 (34 Stat. 539).

§ 242.52 Application for change in designation of homestead. Any Osage

allottee or the legal guardian thereof may make application to change his homestead for an equal area of his surplus land. The application shall give in detail the reasons why such change is desired and it shall be submitted to the superintendent on Form 5-182a.1

§ 242.53 Order to change designation of homestead. The superintendent may approve the application of an Osage allottee or his legal guardian, and issue an order to change designation of homestead, if he finds the applicant owns an equal area of surplus land. The expense of recording the order shall be borne by the applicant. The order to change designation shall be made on Form 5-182b.1

§ 242.54 Exchanges of surplus and other restricted lands. Upon written application of the Indians involved, and after approval by the Osage tribal council, the superintendent may approve the exchanges of surplus lands. The superintendent may also approve exchanges of other restricted lands between adult Indians and between adult Indians and non-Indians upon written application of the interested parties, after the title to the lands to be acquired by the Indians has been examined and accepted by the special attorney. Title to all lands acquired under this part by an Indian who does not have a certificate of competency shall be taken by deed containing a clause restricting alienation or encumbrance without the consent of the Secretary or his authorized representative. In case of differences in the appraised value of lands under consideration for exchange, the superintendent may approve the application of an Indian for funds to equalize such differences to the extent authorized by § 222.8 of this chapter.

§ 242.55 Institution of partition proceedings. (a) Prior authorization may be obtained from the superintendent before the institution of proceedings to partition the lands of deceased Osage allottees in which any interest is held by an Osage Indian not having a certificate of competency. Requests for authority to institute such partition proceedings shall contain a description of the lands involved, the names of the several joint

1 Filed with the original document. Copies may be obtained upon request at the Bureau of Indian Affairs, Department of the Interior, Washington 25, D. C.

owners and their respective interests and the reasons for such court action. The superintendent may authorize the institution of partition proceedings in a court of competent jurisdiction when it appears to the best interest of the Indians involved to do so and the execution of voluntary exchange deeds is impracticable.

(b) When it appears to the best interest of the Indians to do so, the superintendent may require that title to the lands be quieted in the partition action to the end that sheriff's deeds issued pursuant to the proceedings shall convey good and merchantable title to the grantees therein.

§ 242.56 Partition records. Upon completion of an action in partition a copy of the judgment roll showing schedule of costs and owelty moneys having accrued to or from the several parties, together with sheriff's deeds in duplicate, shall be furnished to the superintendent. Sheriff's deeds issued to members of the Osage Tribe who do not have certificates of competency shall contain the following clause against alienation:

Subject to the condition that while title to the above-described lands shall remain in the grantee or his Osage Indian heirs or devisees who do not have certificates of competency, the same shall not be alienated or encumbered without approval of the Secretary of the Interior or his authorized representative.

§ 242.57 Approval of sheriff's deeds in partition and payment of costs. Upon certification by the special attorney that the partition proceedings have been completed in accordance with the law and in conformity with the regulations in this part, the superintendent may approve the sheriff's deeds and may disburse from the restricted (accounts) funds of the Indians concerned such amounts as may be necessary for payment of their share of court costs, attorney fees and owelty moneys.

§ 242.58 Disposition of proceeds of partition sales. Owelty moneys due members of the Osage Tribe who do not have certificates of competency shall be paid into the Treasury of the United States and placed to the credit of the Indians upon the same conditions as attach to segregated shares of the Osage national fund.

§ 242.59 Appeals. Parties in interest may appeal from the decision of the su

perintendent to the Commissioner and from the decision of the Commissioner to the Secretary.

Part 243-Determination of Competency; Crow Indians

Sec. 243.1

243.2

243.3

243.4

243.5

243.6 243.7

Purpose of regulations.

Organization of committee. Application and examination. Application form.

Information.

Factors determining competency.
Submission of reports.

243.8 Approval of committee action and right of appeal.

243.9 Special instructions.

AUTHORITY: §§ 243.1 to 243.9 issued under sec. 12, 41 Stat. 755, 46 Stat. 1495.

SOURCE: §§ 243.1 to 243.9 appear at 13 F. R. 6840.

§ 243.1 Purpose of regulations. The regulations in this part govern the procedures of the committee of three members appointed by the Secretary of the Interior in accordance with section 12 of the act of June 4, 1920 (41 Stat. 755-6), and the act of March 3, 1931 (46 Stat. 1495, Ch. 414), to determine the competency of adult members of the Crow Tribe.

§ 243.2 Organization of committee. The members of the committee shall meet at the Crow Indian Agency office at a time agreed upon by them and shall select one of their members as Chairman, who shall establish the times and places when the committee shall meet to consider applications from adult members of the Crow Tribe.

§ 243.3 Application and examination. The committee shall, upon the application of any adult member of the Crow Tribe whose name appears on the incompetency roll established under the act of June 4, 1920, determine whether such person is competent. The application must be mailed to or filed with the committee on or before January 31, 1949, at the Crow Indian Agency office, Crow Agency, Montana. The committee may request that an applicant appear before the committee for examination.

§ 243.4 Application form. The application form shall be prescribed by the committee and 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,

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