[Title 25 CFR 154]
[Code of Federal Regulations (annual edition) - April 1, 2002 Edition]
[Title 25 - INDIANS]
[Chapter I - BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR]
[Subchapter H - LAND AND WATER]
[Part 154 - OSAGE ROLL, CERTIFICATE OF COMPETENCY]
[From the U.S. Government Printing Office]
25INDIANS12002-04-012002-04-01falseOSAGE ROLL, CERTIFICATE OF COMPETENCY154PART 154INDIANSBUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIORLAND AND WATER
PART 154--OSAGE ROLL, CERTIFICATE OF COMPETENCY--Table of Contents
Sec.
154.1 Definitions.
154.2 Preparation of competency roll.
154.3 Determination of age and quantum of Indian blood.
154.4 Notification; disagreement and decision.
154.5 Issuance of certificate of competency.
154.6 Costs of recording certificates of competency.
154.7 Delivery of cash and securities.
Authority: 62 Stat. 18; 25 U.S.C. 331 note.
Source: 22 FR 10563, Dec. 24, 1957, unless otherwise noted.
Redesignated at 47 FR 13327, Mar. 30, 1982.
Sec. 154.1 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.
(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.
Sec. 154.2 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.
Sec. 154.3 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
[[Page 423]]
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 non-Osage 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.
Sec. 154.4 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.
Sec. 154.5 Issuance of certificate of competency.
A certificate of competency shall be issued by the superintendent on
Form 5-182 \1\ 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.
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\1\ Filed with the original document. Copies may be obtained upon
request at the Bureau of Indian Affairs, Department of the Interior,
Washington, DC.
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Sec. 154.6 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.
Sec. 154.7 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.