« ForrigeFortsett »
Part 194 195 196 197 198 199 200 201 202
Flathead irrigation project, Montana.
Rio Grande Conservancy District, New Mexico.
tion with Indian irrigation projects.
211 212 213 215
Partial payment construction charges on Indian irrigation projects.
gation project, Washington.
irrigation project, Washington.
SUBCHAPTER W-MISCELLANEOUS ACTIVITIES
SUBCHAPTER W-MISCELLANEOUS ACTIVITIES
251 252 254
Licensed Indian traders.
Aerial Gunnery Range).
255 256 257
APPENDIX-EXTENSION OF THE TRUST OF RESTRICTED STATUS OF
CERTAIN INDIAN LANDS
SUBCHAPTER A-PROCEDURES; PRACTICE
PART 1-APPLICABILITY OF RULES
OF THE BUREAU OF INDIAN AF
FAIRS Sec. 1.1 (Reserved] 1.2 Applicability of regulations and re
served authority of the Secretary of
the Interior. 1.3 Scope. 1.4 State and local regulation of the use
of Indian property. 1.10 Availability of forms.
AUTHORITY: The provisions of this part 1 issued under 5 U.S.C. 301; R.S. 463, 25 U.S.C.2.
SOURCE: The provisions of this Part 1 appear at 25 F.R. 3124, Apr. 12, 1960, unless otherwise note. 8 $ 1.1 [Reserved] $ 1.2 Applicability of regulations and re
served authority of the Secretary of
the Interior. The regulations in Chapter I of Title 25 of the Code of Federal Regulations are of general application. Notwithstanding any limitations contained in the regulations of this Chapter, the Secretary retains the power to waive or make exceptions to his regulations as found in Chapter I of Title 25 of the Code of Federal Regulations in all cases where permitted by law and the Secretary finds that such waiver or exception is in the best interest of the Indians.
§ 1.3 Scope.
Chapters I and II of this title contain the bulk of the regulations of the Department of the Interior of general application relating to Indian affairs. Subtitle B, Chapter I, Title 43 of the Code of Federal Regulations contains rules relating to the relationship of Indians to public lands and townsites. Subtitle A of Title 43 of the Code of Federal Regulations has application to certain aspects of Indian affairs and, among other things, governs practice before the Department of the Interior, of which the Bureau of Indian Affairs is a part. Indian health matters are covered in 42 CFR Part 36. Title 30 of the Code of Federal Regulations contains regulations on oil and gas and other mining operations which, under certain circumstances, may be applicable to Indian resources. $ 1.4
State and local regulation of the use of Indian property. (a) Except as provided in paragraph (b) of this section, none of the laws, ordinances, codes, resolutions, rules or other regulations of any State or political subdivision thereof limiting, zoning or otherwise governing, regulating, or controlling the use or development of any real or personal property, including water rights, shall be applicable to any such property leased from or held or used
under agreement with and belonging to any Indian or Indian tribe, band, or community that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States.
(b) The Secretary of the Interior or his authorized representative may in specific cases or in specific geographic areas adopt or make applicable to Indian lands all or any part of such laws, ordinances, codes, resolutions, rules or other regulations referred to in paragraph (a) of this section as he shall determine to be in the best interest of the Indian owner or owners in achieving the highest and best use of such property. In determining whether, or to what extent, such laws, ordinances, codes, resolutions, rules or other regulations shall be adopted or made applicable, the Secretary or his authorized representative may consult with the Indian owner or owners and may consider the use of, and restrictions or limitations on the use of, other property in the vicinity, and such other factors as he shall deem appropriate. (30 F.R. 7520, June 9, 1965) $ 1.10 Availability of forms.
Forms upon which applications and related documents may be filed and upon which rights and privileges may be granted may be inspected and procured at the Bureau of Indian Affairs, Washington, D.C., and at the office of any Area Director or Agency Superintendent.
Subpart D Procedures Sec. 2.31 When a document is filed. 2.32 Record address. 2.33 Service. 2.34 Computation of time for filing and
service. 2.35 Extensions of time. 2.38 Summary dismissal. 2.37 Scope of review.
AUTHORITY: The provisions of this Part 2 issued under R.S. 463, 465; 5 U.S.C. 301, 25 U.S.C. 2, 9.
SOURCE: The provisions of this Part 2 appear at 25 F.R. 9106, Sept. 22, 1960, unless otherwise noted.
Subpart A-General § 2.1 Definitions.
As used in this part:
(a) "Person" includes any Indian or non-Indian individual, corporation, tribe, or other organization.
(b) "Interested party” means any person whose interests would be adversely affected by proceedings conducted under this part.
(c) "Petitioner" means any person who files an appeal under this part.
(d) “Appeal" means a written request for correction of an action or decision claimed to violate a person's legal rights or privileges.
(e) "Complaint” means a written request for correction or reconsideration of an action or decision claimed to be legally or administratively incorrect but not violative of the complainant's own legal rights or privileges.
(f) “Right” means a favorable position in a legal relationship, the continued enjoyment of which may not be withdrawn save by a change in fundamental constitutional law.
(g) "Privilege" means a favorable position in a legal relationship, the continued enjoyment of which may be withdrawn only upon a change in law, statute or regulations upon which the relationship is based. $ 2.2 Applicability.
This part provides appeals procedures for requesting correction of actions or decisions by oficials of the Bureau of Indian Affairs where the action or deci. sion is protested as a violation of a right or privilege of the appellant. Such rights or privileges must be based upon fundamental constitutional law, applicable Federal statutes, treaties, or upon Departmental regulations. Such regula
PART 2-APPEALS FROM AD-
Subpart A-General Sec. 2.1 Definitions. 2.2 Applicability. 2.3 Who may appeal. 2.4 Notice of administrative action. Subpart BeAppeals to the Area Director or to
the Commissioner 2.10 Appeal, how taken; time limit. 2.11 Service of petition and of other docu
ments. 2.12 Answers. 2.13 Action by Area Director or Commis.
sioner on appeal. 2.14 Effect of failure to appeal.
Subpart (Appeals to the Secretary 2.21 Right of appeal to the Secretary. 2.22 Appeal, how taken; time limit. 2.23 Service of petition and of other docu
ments, 2.24 Answers. 2.26 Finality of decision.
tions appear in the FEDERAL REGISTER priate in the preparation of any appeal and, where of general application in In- by an Indian or Indian tribe. The petidian affairs, in Title 25 of the Code of tion should give an identification of the Federal Regulations. “Appeals” shall be case a statement of reasons for the approcessed in accordance with the reg- peal and any arguments the petitioner ulations in this part. “Complaints," on wishes to make. The petition must be the other hand, may be either informally received in such ofice within 20 days or formally made and ordinarily first after the date of the mailing of the nopresented to the office immediately re- tice of the decision complained of to the sponsible for the action or decison ques- petitioner unless further time is granted tioned and thereafter if necessary to pursuant to the regulations in this part, higher oficials. An action or decision The petitioner also may file an addiwhich is subject to appeal shall be re- tional written statement of reasons and duced to writing by the official making arguments or briefs with the Area Dithe decision either at his own instance rector or the Commissioner within 10 or upon request of the petitioner. The days after the filing of the petition. appeal procedures in this part do not (b) Whether or not the decision comapply to decisions made under statutes plained of will be suspended during the or other regulations which provide appeal will be within the discretion of specific appeals procedures, nor to “com- the oficer to whom the appeal is made. plaints."
He may require an adequate bond to pro
tect the interest of any Indian, Indian $ 2.3 Who may appeal.
tribe, or other parties involved. In accordance with the procedures in
§ 2.11 Service of petition and of other this part, any interested party adverse
documents. ly affected by a decision of an official under the supervision of an Area Direc- (a) The petitioner, or the officer with tor of the Bureau of Indian Affairs may
whom the petition is filed when the petiappeal to the Area Director; an appeal
tioner is an Indian or Indian tribe not may be taken to the Commissioner of In- represented by counsel, shall serve & dian Affairs from a decision of the Area copy of the petition and of any addiDirector; and an appeal may be taken
tional written statement of reasons, arto the Secretary of the Interior from a guments, or briefs on each interested decision of the Commissioner.
party known to him as such, in the man
ner prescribed in § 2.33, at the time of § 2.4 Notice of administrative action.
filing thereof. Failure to serve within Notice shall be given of any action the time required may subject the aptaken or decision made from which an peal to summary dismissal as provided appeal may be taken under the regula- in $ 2.36. Proof of such service as retions in this part, to any Indian or In- quired by $ 2.33 must be filed with the dian tribe whose legal rights or privi- Area Director or Commissioner within leges are affected thereby. This notice 15 days after service unless filed with the shall be in writing and shall be given by petition or with the additional state. the official making the decision or taking ment of reasons, arguments or briefs. the action. Failure to give such notice
§ 2.12 Answers. shall not affect the validity of the action or decision, but the right to appeal
If any party served with a petition therefrom shall continue under the
wishes to participate in the proceeding regulations in this part for the periods
on appeal, he must file a written answer hereinafter set forth.
within 20 days after service of the peti
tion upon him. If an additional stateSubpart B-Appeals to the Area Di
ment of reasons is filed by the petitioner, rector or to the Commissioner the interested party shall have 10 days
after service thereof within which to an$ 2.10 Appeal, how taken; time limit.
swer. Answers must be filed with the (a) An interested party who wishes Area Director, the Commissioner, or to appeal to the Area Director or Com- other Bureau employee with copy to the missioner shall initiate his appeal by Commissioner, whichever is appropriate, filing a written petition with the official and be served on the petitioner in the who made the decision. Such official 11 manner prescribed in $ 2.33 at the time requested by an Indian or Indian tribe the answer is filed. Proof of such servshall render such assistance as is appro- ice, as required by 92.33, must be filled
with the Area Director or the Commis- $ 2.23 Service of petition and of other sioner within 15 days after service. If documents. an answer is not filed within the time re
The petitioner, or the Commissioner quired, a default will not result but the
when the petitioner is an Indian or Inanswer may be disregarded in deciding
dian tribe not represer.ted by counsel, the appeal.
shall serve a copy of the petition and § 2.13 Action by Area Director or Com- any accompanying written statement of missioner on appeal.
reasons, arguments or briefs on each
interested party known to him as such, The Commissioner or the Area Direc
in the manner prescribed in $ 2.33 at tor will render a written decision in each
the time of filing the petition and at case appealed to him, copies of which
the time of filing any additional statewill be mailed to all interested parties.
ment of reasons, arguments or briefs. $ 2.14 Effect of failure to appeal. Failure to serve within the time required
may subject the appeal to summary disWhen any party fails to appeal a de
missal as provided in § 2.36. Proof of cision of the Superintendent, Area Di
such service as required by $ 2.33 must be rector, or the Commissioner, that deci
filed with the Secretary within 15 days sion shall be final as to such party and
after service unless filed with the petiwill not be disturbed except for fraud or
tion or with the additional statement of gross irregularity, or where it is found
reasons, arguments or briefs. by higher authority that the failure to appeal on the part of an Indian or In- 8 2.24 Answers. dian tribe would result in an inequity or
If a party served with a petition wishes injustice to the Indian or Indian tribe.
to participate in the proceeding on apSubpart C—Appeals to the Secretary
peal, he must file a written answer
within 20 days after service of the peti§ 2.21 Right of appeal to the Secretary. tion upon him. If an additional state
ment of reasons is filed by the petitioner, Any party adversely affected may file
the interested party shall have 10 days an appeal from a decision of the Com
after service thereof within which to missioner to the Secretary except a de
answer. Answers must be filed with the cision which received the Secretary's ap- Secretary and be served on the petiproval at the time it was made.
tioner in the manner prescribed in § 2.33
at the time the answer is filed. Proof of § 2.22 Appeal, how taken; time limit.
such service as required by $ 2.33 must (a) An interested party who wishes be filed with the Secretary within 15 to file an appeal from a decision of the days after service. If an answer is not Commissioner to the Secretary must file filed within the time required, default a written petition with the Commis- will not result but the answer may be sioner that he wishes to appeal. The disregarded in deciding the appeal. petition must give an identification of
§ 2.25 Finality of decision. the case, a statement of the reasons for
No further right of appeal or request the appeal and any arguments the peti
for reconsideration exists within the Detioner wishes to make. The petition
partment of the Interior from a decision must be received in such office within 20
of a Secretarial Officer, except when he days after the date of the malling of the
finds as a matter of discretion that renotice of the decision complained of to consideration should be had in order to the petitioner. The petitioner also may avoid injustice and such decision shall file an additional statement of reasons, constitute the final administrative acarguments, or briefs with the Commis- tion. Copies of such decision will be sioner or Secretary within 10 days after mailed to all interested parties. the filing of the petition.
Subpart D-Procedures (b) Whether or not the decision complained of will be suspended during the
$ 2.31 When a document is filed. appeal will be within the discretion of A document is properly filed when the Secretary. He may require an ade- received in the office of the official with quate bond to protect the interest of any whom the filing is required during reguIndian, Indian tribe, or other parties lar office hours. No degree of formality involved.
is required, a simple letter will suffice,