Appendix — Ashcroft v. United States Department of the Interior

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APPENDIX

APPENDIX A

OPINION OF THE NINTH CIRCUIT COURT

OF APPEALS

Argued and Submitted March 5, 1982

Before: SNEED, POOLE and BOOCHEVER, Circuit

Judges

POOLE, Circuit Judge:

This is an appeal from an order of tre

United States District Court for the Distr ‘ct

of Arizona enjoining the government from

enforcing against appellees’ businesses regu-

lations enacting pursuant to the Indian

Trader Statutes, 25 U.S.C. 88 261-264.

Appellees are owners or operators of

retail businesses on fee patent land within

the exterior boundaries of the Navajo

Reservation. Most of the businesses are

general stores, some of which are located on

main highways. These businesses cater to the

tourist trade, but a small portion of their

sales are made to reservation Indians.

The Bureau of Indian Affairs (the BIA)

notified appellees that they were required to

comply with the regulations. Thereafter the

BIA issued cease and desist orders, and

closed one of appellees’ businesses.

Appellees brought this action seeking injunc-

tive and declaratory relief. On cross-

motions for summary judgment, the district

court held that the regulations did not apply

to businesses on fee patent land located

within the exterior boundaries of the reser-

vation. Ashcroft v. Department of Interior,

513 F.Supp. 595 (D. Ariz. 1981). We disagree

and accordingly reverse.

The Indian Trader Statutes were enacted

to protect the Indians from unethical

traders’ exploitation of an essentially cap-

tive consumer market. See Rockbridge v.

Lincoln, 449 F.2d 567 (9th Cir. 1971).

Section 261 authorizes the Commissioner of

Indian Affairs (Commissioner) to appoint

"traders to the Indian tribes" and to pro-

mulgate rules specifying the kind, quantity

-34-

and prices of goods to be sold to the

Indians. Under § 262, persons “desiring to

trade with the Indians on any Indian

reservation" must comply with regulations

enacted by the Commissioner for the protec-

tion of the Indians.

In 1971, this court found that the

Commissioner's authority to regulate Indian

traders was not wholly discretionary and that

the district court therefore had jurisdiction

over a class action brought by the Navajo

Indians to compel the Commissioner to adopt

and enforce regulations governing Indian tra-

ders. Rockbridge v. Lincoln, 449 F.2d 567.

In 1975, the Secretary of the Interior

enacted regulations governing “LICENSED

INDIAN TRADERS" and “BUSINESS PRACTICES ON

THE NAVAJO, HOPI AND ZUNI RESERVATIONS." 25

C.F.R. Parts 251 and 252.

The wording of the regulations is

arguably ambiguous. Section 252.3(1) descri-

bes “reservation business" as any business

“within the exterior boundaries" of the

Navajo Reservation. Section 252.2 provides,

however, that the regulations in Part 252

apply to persons engaged in business “on the

reservation". Appellees argue that fee land

within reservation boundaries is not “on the

reservation".

"(S]tatutes passed for the benefit of

dependent Indian tribes ... are to be

liberally construed, doubtful expressions

being resolved in favor of the Indians."

Bryan v. Itasca County, 426 U.S. 373, 392

(1976). See Rockridge v. Lincoln, 449 F.2d

at 571. And where an administrative regula-

tion is ambiguous, the agency interpretation

is controlling unless “plainly erroneous or

inconsistent with the regulation". United

States v. Larinoff, 431 U.S. 864, 872 (1977);

United States v. Hells Canyon Guide Ser-

vices, Inc., 660 F.2d 735, 738 (9th Cir.

1981). See Confederated Bands & Tribes v.

Washington, 550 F.2d 443, 447 n.9 (9th Cir.

1977). We hold that the Department of the

=-36-

Interior's interpretation of the regulations

as applicable to non-Indian fee lands within

reservation borders is neither plainly erro-

neous nor inconsistent with the language of

the regulations.

The district court held that appellees’

businesses were not “reservation businesses"

within 25 C.F.R. § 252.3(1) and that busi-

nesses on fee patent land within the exterior

boundaries of the reservation were not on the

reservation.l ts ruling rests on a finding

that the proper scope of the regulations was

limited to businesses which were on lands

subject to sovereign rights of the tribe, and

that these rights extend only to tribal or

trust lands.2 Ashcroft, 513 F.Supp. at

597-98. This conclusion is unfounded.

A tribe retains some elements of

sovereignty over all land within reservation

boundaries, absent the exclusive jurisdiction

of another tribe or that of the federal

government (such as the establishment of a

| military base). With respect to non-Indian

fee land within the reservation, the tribe

retains sovereign power to the extent

necessary to protect tribal self-government

or control internal relations. Montana v.

United States, 450 U.S. at 564. This inclu-

des the power to regulate commerce with the

tribe or its members within reservation boun-

daries.

Indian tribes retain inherent

sovereign power to exercise

some forms of civil jurisdic-

tion over non-Indians on their

reservations, even on non-

Indian fee lands. A tribe may

regulate, through taxation,

licensing, or other means, the

activities of non-members who

enter into consensual relation-

ships with the tribe or its

members, through commercial

dealings, contracts, leases

or other arrangements. A

tribe may also retain inherent

power to exercise civil autho-

rity over the conduct of non-

Indians on fee lands within

its reservation when that

conduct threatens or has some

direct effect on the political

integrity, the economic secu-

rity, or the health or welfare

of the tribe.

Id. at 565-66 (citations omitted); Cardin v.

De la Cruz, 671 F.2d at 366. See also,

Merrion v. Jicarilla Apache Tribe, 102 S.Ct.

at 903, 905-07. Kennerly v. District Court,

400 U.S. 423 (Montana has no civil jurisdic-

tion over fee land within the reservation).

This inherent tribal sovereign power over

non-Indian land renders the BIA's deter-

mination that such lands are “on the

reservation" for purposes of the Indian

Trader Statutes' regulations, both reasonable

and consistent with the regulatory language.

Of equal importance is the fact that

application of the regulations to fee land

within the reservation is necessary to effect

legislative intent. In Moe v. Confederated

Salish and Kootenai Tribes, the Supreme Court

held that Montana could not tax fee land

within a reservation because “checkerboard

jurisdiction", a result “contrary to the

intent embodied in the existing federal sta-

tutory land of Indian jurisdict: 9n", would

result. 425 U.S. at 478 (citing Seymour v.

Superintendent, 368 U.S. 351 (1962)). The

effect of a holding that scattered tracts

within the Navajo reservation are not a part

of the reservation for purposes of these

regulations would be to create the very

problem Moe sought to avoid. Moreover, to

the extent that a contrary finding would

encourage uncontrolled trader activities on

fee lands within the reservation, the salu-

tary goal of the statute which is to protect

Indians from the sharp practices of unregu-

lated traders would be thwarted. 3

We therefore reverse the judgment of the

district court and hold that businesses con-

ducted on non-Indian fee land within the

exterior boundaries of the Navajo Reservation

are subject to the regulations at 25 C.F.R.

Parts 251 and 252 enacted pursuant to the

Indian Trader Statutes.

REVERSED.

1 The parties stipulated that appellees’

lands “either existed before the creation of

the Reservation or were withdrawn from the

reservation after its creation". Ashcroft,

513 F.Supp. at 598. This would appear to

mean simply that the tracts are neither tri-

bal nor trust property. There is no indica-

tion in the record that the tracts in

question differ in any way from other

non-Indian fee land within a reservation.

See, e.g., United States v. Mazurie, 419 U.S.

544 ( ); Cardin v. De la Cruz, 671 F.2d

363 (9th Cir. 1982); Buster v. Wright, 135 F.

947 (8th Cir. 1905), appeal dismissed, 203

U.S. 599 (1906).

2 The district court found indicia of the

regulations’ scope in the regulations them-

selves. Title 25 C.F.R. §$ 252.11 provides:

(a) The regulations in this Part do not

preclude the Hopi, Navajo, or Zuni tribal

councils from assessing and collecting

such fees or taxes as they may deem

appropriate from reservation businesses.

(b) Nothing in the regulations of this

Part may be construed to preclude tribal

enforcement of these regulations or con-

sistent tribal ordinances.

The district court found this to be evidence

of the regulations’ application solely to

tribal or trust property. This premise is

flatly contradicted in Montana v. United

States, 450 U.S. 544, 565 (1981). Indian

cr s retain inherent sovereign power to act

in accordance with the authority recognized

in this regulation with respect to all land

within the exterior boundaries of the reser-

vation whether it be fee patent, tribal or

trust property. ad. The district court also

considered 25 C.F.R. § 252.22 indicia that

non-Indian fee land was exempt from the

regulations:

No licensee may lease, sublet,

rent or sell any building that the

licensee occupies for any purpose to

any person without the approval of

the Commissioner and the consent of

the tribe.

We disagree. In light of 25 U.S.C. 8 262,

requiring a would-be licensee to establish

that he is a “proper person to engage in such

trade", we find this regulation simply provi-

des that the approval of the Commissioner and

the tribe is necessary for a transfer of a

licensed business to effect a transfer of the

license.

A finding that fee land within reser-

vation boundaries is in fact “on the

reservation” is directly supported by the

language of 25 C.F.R. § 251.11 which

provides:

The license period shall

correspond to the period of the

lease or permit held by the licensee

on restricted Indian land except

that where the proposed licensee is

the owner ... fof] the land on which

the business is to be conducted, the

license period shall be fixed by the

Commissioner ....

Part 251 applies to “{aJny person other than

an Indian of the full blood." 25 C.F.R. 8

251.3. Thus, this regulation suggests the

regulations’ general application to

non-Indian fee land within the reservation.

3 We attach no significance to the fact

that only a small portion of appellees’ sales

are made to reservation Indians. The regula-

tions expressly require the licensing of all

"reservation businesses", businesses located

within the reservation borders. 25 C.F.R. 88

252.3(1), .5(a). This is within the Interior

Department's statutory authority under §8 261

and 262. Central Machinery Co. v.

Indian Trader Statutes); cheveo States ex

rel. Hornell v. One 1976 evrolet Station

Wagon

one automobile violated 8 264 "of the Trader

Statutes).

APPENDIX B

OPINION AND ORDER OF THE DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

These consolidated actions for declara-

tory and injunctive relief were brought by

Plaintiffs as owners or lessees of property

owned in fee simple by non-Indians and

surrounded by the Navajo Indian Reservation,

against The United States, the Secretary of

Interior and the Bureau of Indian Affairs

(BIA) as a result of the BIA attempting to

apply and enforce against the Plaintiffs,

regulations concerning trade on the Navajo

Indian Reservation contained in 25 C.F.R. §

252, et seg.

The Defendants stipulated, pending entry

of final judgment, to a restraining order

halting further implementation of the regula-

tions against plaintiffs.

Plaintiffs and defendants filed cross-

motions for summary judgment, and joined in

filing a Stipulated Statement of Fact

(Appendix A to this Memorandum and Order),

reserving the right to argue that one or more

of the facts is not relevant or material to

the issues before the Court.l

The Stipulation provides that plaintiff

Atkinson's Ltd. of Arizona:

1 Defendants submitted a subsequent

"Stipulated" Statement of Facts not signed on

behalf of Plaintiffs, stating that Defendants

had reconsidered the jointly signed

Stipulation (Appendix A) and had “decided to

agree to most, but not all", of the matters

previously agreed to. Defendants have not

moved for relief from the Stipulation they

signed and accordingly, it is binding as to

the facts stated therein.

eee is the owner and operator of

a motel, restaurant and gift and

convenience store known as Cameron

Trading Post which is located

near Cameron, Arizona on one of

the primary highways into the

east end of the Grand Canyon area.

This business is operated for and

does almost all of its business

with visitors to the Grand Canyon

area and other travelers, who

are traveling interstate, or who

are using the facilities of

interstate commerce. The minimum

number of sales that are made to

Indians from the surrounding

Reservation lands are an insign-

ificant part of Atkinson's

business. Atkinson's operates

Cameron Trading Post under a

business privilege license

issued by the State of Arizona

and pays all applicable busi-

ness privilege and use taxes

to the State.

It was further stipulated:

Various other Plaintiffs

are similarly situated on

primary highway passing

through the Reservation and

conduct a substantial pro-

portion of their business

with tourists, transients,

and other non-residents of

the Reservation, who are

traveling interstate, or

are using the facilities of

interstate commerce.

The Regulations which the BIA seeks to

apply against Plaintiffs were promulgated

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August 29, 1975, (and have been amended on

subsequent dates) pursuant to 25 U.S.C. §

261-264, the Indian Trader Statutes.

The first issue to be cesolved is whether

the Regulations properly construed, have an

application to Plaintiffs' businesses con-

ducted on fee owned land which is surrounded

by the Navajo Indian Reservation. After con-

sideration of the various regulations in Part

252 of Title 25, Code of Federal Regulations,

captioned “BUSINESS PRACTICES UN THE NAVAJO,

HOPI AND ZUNI RESERVATION", I am persuaded

that such regulations have no application to

Plaintiffs' businesses which are not con-

ducted on the Reservation.

The stated purpose of the Regulations is

chi copalation of xenécvarion”

businesses for the protection

of Indian consumers on the

Navajo, Hopi and Zuni Reserva-

tions as required by 25 U.S.C.

261, 262, 263 and 264. (8 252.1).

and they are to apply to

e+e all persons who engage

in retail business on the Navajo

reservation .... (8 252.2).

The definition of "Gross receipts" inclu-

des

Receipts resulting from trans-

actions concluded off the

reservation that originate

from the conduct and operation

of the licensee's business on

the reservation. (8 252.3(f£)(3)).

§ 252.3(1) defines a “Reservation

business" as being

a person that engaged at a

fixed location or site within

the exterior boundaries of

the Navajo, Hopi or Zuni Res-

ervations in the sale or pur-

chase of goods or services ....

§ 252.4 provides that "Area Director",

"Superintendent" or "Tribe" as used in the

regulations have reference to those “who

{have} jurisdiction over the land on which a

person does business or intends to do busi-

ness with Indians”.

The fact that it is a business located on

a reservation which is sought to be regulated

is further apparent from § 252.5, when it

speaks of licensing requirements, including:

(5) Satisfactory evidence of the

general fitness of the applicant

-47-

and employees of the applicant to

live on the Indian reservation.

Regulation § 252.8 contemplates that all

businesses will be conducted on leased tribal

or trust lands:

A license to operate a reser-

vation business may not be issued

unless the applicant has a right

to use the land on which the

business is to be conducted. The

license period shall correspond to

the period of the lease held by

the licensee. The license period

in no event may exceed twenty-

five (25) years.

With respect to renewal of licenses,

Regulation 8 252.9(a) requires that:

«++ The Area Director shall report

in writing to the Commissioner on

the record the applicant has made

as a reservation business owner

and the applicant's present fit-

ness to reside on the Indian

reservation.

The fact that the business would be

located on land subject to the sovereign

rights of the tribe is reflected by the pro-

visions of § 252.11:

(a) The regulations in this

Part do not preclude the Hopi,

Navajo or Zuni tribal councils

from assessing and collecting

such fees or taxes as they deem

appropriate from reservation

businesses.

(b) Nothing in the regula-

tions of this Part may be con-

strued to preclude tribal enforce-

ment of these regulations or

consistent tribal ordinances.

And finally, § 252.22, is further evi-

dence that the land involved, and on which

the reservation business is being conducted,

is tribal or trvest property:

No licensee may lease, sublet,

rent, or sell any building that the

licensee occupies for any purpose to

any person without the approval of

the Commissioner and the consent of

the tribe.

When Part 252 of Title 25, C.F.R., is

read as a whole, it is clear the purpose of

the regulations is to control business acti-

vities occurring on the three named reser-

vations, and that the regulations supplement

and enhance Tribal sovereignty as to lands

over which they have jurisdiction.

Defendants’ position would restrict con-

sideration to 8 252.3(1) supra, and its

reference to a “fixed location or site within

the exterior boundaries” of the reservation

in determining the overall purposes of the

regulations. This approach ignores the

repeated statements in the cited regulations

regarding acts on the reservation or on lands

over which the tribe has jurisdiction.

Statutes and regulations should be read and

construed as a whole, and if possible, given

a harmonious comprehensive meaning,

Weinberger v. Hynson, Westcott and Dunning,

Inc., 412 U.S. 609, 93 S.Ct. 2469, 37 L.Ed. 2d

207 (1973), rather than piecemeal us done by

Defendants.

It is reasonable to conclude that the

regulations encompassed in Part 252 of Title

25 were responsive to the decision in

Rockbridge v. Iincoln, 449 F.2d 567 (9th Cir.

1971), wherein members of the Navajo tribe

filed a class action against the Secretary of

Interior, the Commissioner of Indian Affairs,

and the Area Director of the Navajo Indian

Reservation, seeking an order:

«++ Which would (1) require the

appellees to adopt adequate

rules and regulations which

govern traders on the reserva-

tion for the protection of the

Navajos, including specifica-

tion of "the kind and quantity

of goods and the prices at

which such goods shall be

sold", and (2) require appellees

to enforce those regulations

and the regulations which are

now in effect.

449 F.2d at 569.

The Ninth Circuit found that the district

court had jurisdiction over the controversy

and could, after a hearing on the merits,

eee enter such decrees as will

protect the Navajo Indians in

their relationship with the

traders on the reservation with-

in the guidelines that Congress

has prescribed.

449 F.2d at 573. (Emphasis supplied).

The limitless authority over off-reservation

businesses having limited relationships with

individual Indian customers as proposed by

defendants goes far beyond the holding in

Rockbridge.

A determination that the regulations in

25 C.F.R., Part 252, are applicable to fee

-5l1-

owned lands which “either existed before the

creation of the Reservation or were withdrawn

from the Reservation after its creation"

(Appendix A) would render the regulations

contrary to the governing legislation under

which they were adopted. 25 U.S.C. 88 261,

262, 263 and 264.2

Title 25 U.S.C. 8 261, enacted in 1876,

provides power to “appoint traders to the

Indian tribes" and for the Secretary of

Interior “to make such rules and regulations

as he may deem just and proper specifying the

kind and quantity of goods and the prices at

which such goods shall be sold to the

Indians".

2 There is no issue regarding Congress'

power to regulate commerce with the Indian

Tribes under Article 1, Section 8, Clause 3

of the United States Constitution. Rather,

the question is whether Congress has acted so

as to require businesses located off a reser-

vation, but being surrounded by such reser-

vation and selling to both non-Indians and

Indians to obtain a traders license and sub-

ject themselves to tribal jurisdiction or be

shut down, where the lands in question never

had a trust status.

=8 20

Section 262, enacted in 1901 for a par-

ticular tribe and reservation, was amended in

1903 to its present form:

Any person desiring to trade with

the Indians on any Indian reserva-

tion shall, upon establishing the

fact, to the satisfaction of the

Commissioner of Indian Affairs

{Secretary of the Interior}, that

he is a proper person to engage

in such trade, be permitted to

do so under such rules and regula-

tions as to the Commissioner of

Indian Affairs may prescribe for

the protection of said Indians.

Section 262, enacted in 1834, authorizes

the President to take action prohibiting

trade “into the country belonging to any

Indian Tribe” and accordingly, can provide no

support for the regulations at issue.

Finally, 8 264, which was enacted in

1834, and amended in 1882, reads as follows:

Any person other than an

Indian of the full blood who

shall attempt to reside in the

Indian country, or on any Indian

reservation, as a trader, or to

introduce goods, or to trade

therein, without such license,

shall forfeit all merchandise

offered for sale to the Indians

or found in his possession, and

shall moreover be liable to a

penalty of $500: Provided, That

this section shall not apply to

any person residing among or

trading with the Choctaws,

Cherokees, Chickasaws, Creeks,

or Seminoles, commonly called

the Five Civilized Tribes, re-

siding in said Indian country,

and belonging to the Union

Agency therein: And provided

further, That no white person

shall be employed as a clerk by

any Indian trader, except such as

trade with said Pive Civilized

Tribes, unless first licensed so

to do by the Commissioner of Indian

Affairs, under and in conformity

to regulations to be established

by the Secretary of the Interior.

The four sections now appear as a part of

Chapter 6 of Title 25, under the general

heading “TRADERS WITH INDIANS".

Defendants urge that 8 261, if properly

construed, would authorize the adoption of

rules regulating commerce with Indians,

wherever it occurs, and without "territorial

or geographical limitation". The Court is

unwilling to adopt such a construction, in

view of the specific grant of power to

"appoint traders to the Indian tribes", in §

261, and the further provisions of § 262

-54-

regarding “trade with the Indians on any

Indian Reservation". See Dick v. United

States, 208 U.S. 340, 352, 28 S.Ct. 399,

402-03, 52 L.Ed. 520 (1908); Taylor v. United

States, 44 F.2d 531 (9th Cir. 1930), cert.

denied, 283 U.S. 820, 51 S.Ct. 345, 75 L.Ed.

1436 (1931).

Defendants attempt to incorporate the

definition of "Indian Country” now appearing

in the Federal Criminal Code, 18, U.S.C. 8

1151, so as to broaden the scope of 25 U.S.C.

) 264, in its reference to “Indian

Country".2 This position is untenable for

several reasons. First, it ignores the

3 “Indian Country", as used in the criminal

code, “means (a) all land within the limits

of any Indian reservation under the jurisdic-

tion of the United States government, not-

withstanding the issuance of any patent, and,

including rights-of-way running through the

reservation, (b) all dependent Indian com-

munities within the borders of the United

States whether within the original or sub-

sequently acquired territory thereof, and

whether within or without the limits of a

state, and (c) all Indian allotments, the

rights-of-way remaining through the same."

18 U.S.C. § 1151.

definition for “Indian Country" originally

set out in 8 264, and repealed by the Revised

Statutes. That definition, which had nothing

to do with fee lands as here involved, “is

not to be regarded as if it had never been

adopted". Ex Parte Crow Dog, 109 U.S. 556,

561, 3 S.Ct. 396, 399, 27 L.Ed. 1030 (1883).

Further,

«++ It is an admitted rule in the

interpretation of statutes that

clauses which have been repealed

may still be considered in con-

struing the provisions that remain

in force ....

Id.

The Federal Criminal Code, in defining

"Indian Country", limits its use to Chapter

53 of Title 18, and the crimes and activities

described in that chapter:

Except as otherwise provided in

sections 1154 and 1156 of this

title, the term ‘Indian Country’,

as used in this chapter, means

{a) all Land within the limits of

any Indian reservation....

18 U.S.C. 8 1151 (Emphasis supplied).

Accordingly, the Court finds that Title

18, and particularly the definition of

"Indian Country" in § 1151, does not provide

authority for the BIA to license Indian tra-

ders wherever located. Before such defini-

tion is incorporated into licensing authority

in Title 25 there should be a clear

expression of such intention by Congress -

and there is no such intention, express or

implied, in this instance.4

The Court therefore finds and concludes:

l. The businesses conducted by

Plaintiffs as specified in the Stipulation of

the parties are not reservation businesses

within the declared purposes of Part 252, 25

C.F.R.

2. Plaintiffs’ businesses are not

located in “Indian “Country”, within the

meaning of Title 25, United States Code.

4 For a statute in which Congress has

expressly adopted the § 1151 definition of

‘Indian Country', see 25 U.S.C. § 1903(10)

relating to Indian Child Welfare.

3. 25 C.F.R. § 252, et seg., do not

apply to Plaintiffs.

The foregoing Opinion in its entirety

constitutes the findings of fact and conclu-

sions of law in this consolidated proceeding.

Therefore,

IT IS ORDERED that a Permanent Injunction

shall issue in accordance with the foregoing

Opinion.

Dated this 17th day of March, 1981.

/s/ Earl H. Carroll

UNITED STATES DISTRICT JUDGE

APPENDIX C

JUDGMENT OF THE DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

These consolidated proceedings came on to

be heard on the cross motions of Plaintiffs

and Defendants for summary judgment, and it

appearing to the Court from the stipulations

and pleadings that there is nc issue of any

-58-

material fact and that plaintiffs are

entitled to a judgment as a matter of law,

IT IS THEREFORE ORDERED that summary

judgment be entered in favor of plaintiffs

and against defendants;

IT IS FURTHER ORDERED, permanently

enjoining and restraining the defendants and

their agents, servants, employees and all

persons in active concert and participation

with thea, from applying and enforcing Part

252 of the Regulations promulgated pursuant

to Title 25, United States Code, against

Plaintiffs at their place cf business located

on lands owned by non-Indians and not located

on an Indian Reservation.

Dated this 17th day of March, 1981.

/s/ Earl H. Carroll

UNITED STATES DISTRICT JUDGE

APPENDIX D

ORDER OF THE NINTH CIRCUIT COURT

OF APPEALS

Filed September 2, 1982

Before: SNEED, POOLE AND BOOCHEVER, Circuit

Judges.

It is hereby ordered that the opinion in

this case be amended as follows. At slip

page 2519, second column, delete the first

seven lines of the footnote material

beginning with “We disagree.", and

substitute:

We disagree. We express no

opinion as to the precise

application of this regula-

tion, which is not before

us. However, we note that

in light of 25 U.S.C. 8 262,

requiring a would-be licensee

to establish that he is a

"proper person to engage in

such trade", this regulation

is not necessarily inconsistent

with the fee status of the land

in question, but may simply pro-

vide that the approval of the

Commissioner and the tribe is

necessary for a transfer of a

licensed business also to

effect a transfer of tre license.

The Clerk's Office is directed to notify

West of the above change.

The petitions for rehearing are DENIED.

Ch. é «GOVERNMENT OF INDIAN CounTay 25 § 261

TRADERS WITH IXDIANS

§ 261. Power to appoint traders with Indians

The Commissioner of Indian Affairs shal’ have the sole power and

rxberity to appoint traders to the Indian tribes and to make such

sles and regulations as he may deem just and proper specifying

“ke kind and quantity of goods and the prices at which such goods

stall be sold to the Indians. Aug. 15, 1876, ¢. 289. § 5, 19 Stat. 200.

$ 262. Persons permitted to trade with Indians

Any person desiring to trade with the Indians on any Indian reser

vution skall, upon establishing the fact, to the satisfaction of ths

Commissioner of Indian Aifairs, that he is a proper person to en-

gage in such trade, be permitted to do so under such rules and regv-

lations 23 the Commissioner of Indian Aduirs may prescribe for the

protection of said Indians. Mar. 3, 1901, ¢. 832, § 4, 21 Stut. 1056;

Mar. 2, 1203, ¢. 994, § 10, 52 Stat. loud,

§ 263. Prohibition of trade by President

The President is authorized, whenever in his opinion the public

interest may require the same. to prohibit the introduction of goods,

or of any particular article, into the country belonging to any In-

diar tribe. and to direct all licenses to trade with such tribe to be

revoked. and all appiications therefor to be rejected. No trader to

any other tribe shall, so long as such prohibition may continue, trade

with any Indians of or for the tribe against which such probibition

is issued. R.S. § 2182.

§ 264. Trading without license; white persons as clerks

Any person other than an Indian of the full blood who shall at-

tempt to reside in the Indian country, or on any Indian reservation.

as a trader. or to introduce goods, or to trade therein, without such

license. shall forfeit all merchandise offered for sale to the Indians

$251.5 —

ot er |

a Tet al

ais fbtete

ee a ie

tata _

. rie

ld i

il i i

saaaa adda? Lianne

r Hie i I;

NE it

ui itt :

pia if

eel if

sf itera: é i

te | I an ! ioe

ull ia nya il a

ey tu a

iv;

tii ill get

: ea

af ft

i He

i He ae

tye jell taiiatal a

saeh Te STEEDS arts tacey fale

he flue bi at)

ile Peer et Ht

nes eee

aa eee

ie Hi ib ti iat

tle uel elie

; Bash itstivitlisia li

3th: WT

ad ne

ell ll, Hin rat

EE att a au

Hid 1i}dn atl He

TESEUT BERET F

: ; gaagi 2 : Tee. bigeye

: ie Uae et us E: /

uid il Ant

HH Lier io il saeeade.

ue ati if anti

$251.12 License renewal.

Application for renewal of license

prior to the expiration of the existing

license, and the superintendent must

report as to the record the applicant

has made as a trader and his fitness to

continue as such under a new license.

$251.13 Power to close unlicensed stores.

If persons carry on trade within a

reservation with the Indians without e@

license, or continue to trade after expi-

ration of the license without applying

for rene‘ ral, the superintendent will

immediaiely report the facts in the

case to the Commissioner of Indian

Affairs, «ho may, if necessary, direct

the superintendent to close the stores

of such traders.

$251.14 Trade limited to specified prem-

ises. ,

No trade with Indians is permitted

at any other pir 4 than that specified

in the license. Licenses to not cover

branch stores. A separate license and

bond must be furnished for each such

store. The business of a licensed trader

must be managed by the bonded prin-

cipal, tho must habitually reside upon

the reservation, and not br an un-

bonded subordinate.

$251.15. License applicable for trading

only by original licensee.

No trader will be allowed to lease.

unless the proposed licensee has a subict. rent. or sell any of the build-

right to the use of the land on which ings which he occupies, for any pur-

the business is to be conducted. The li- pose to any other person or concern.

cense period shall correspond to the without the approval of the Commis-

period of the lease or permit held by sioner of Indian Affairs. A license to

the licensee on restricted Indian land. trade with ‘Indians does not confer

except that where the proposed licens- upon the trader any right or privileges

ee is the owner or beneficial owner or in respect to the herding or raising of

holds a use right to the land on which livestock upon the reservation. The

$251.16

$251.16 Trade in annuities or gratuities

rH:

§ 251.17 Tobacco sales to minore.

No trader shall sell tobacco

or cigarettes to any Indian under 18

years of age. :

$251.18 Intoxicating liquors.

No trader shall use or permit to be

used his premises for any unlawful

conduct or purpose whatsoever. No

trader shall use of permit to be used

‘' Jland owned or controlled by

inspecting the original in-

voice, showing cost, together with s

statement of transportation charges.

retail price of articles sold by them,

the amount of Indian accounts carried

on their books, the total annual sales,

the value of buildings, livestock owned

on reservation. the number of employ-

ees, and any other business informs

tion such officials may desire. The

ty of all articles kept on sale must

Credit given Indians will be at the

trader's own risk. as no assistance will

be given by Government officials. in

the collection of debts against Indians

Traders shall not accept pawns or

pledges of personal property by Indi-

ans to obtain credit or loans.

$251.24 Cash payments only to Indians.

Traders must not pay Indians in

tokens, tickets. store orders. or any-

thing else of that character. Payment

must be made in money, or in credit if

the Indian is indebted to the trader.

§ 251.25 Trade in antiquities prohibited.

Traders shall not deal in objects of

antiquit: removed from any historic

or prehistoric ruin or monument ba

United States.

Cross Rererexce: For additional regula

tions pertaining to preservation of antiqui

ties, see Part 132 of this chapter. For regula

tions of the Bureau of Land Management

regarding antiquities. see 43 CFR Part 3.

$251.26 Infectious plants.

Traders shall not introduce into,

sell, or spread within Indian reserva

tions any plant. plant product. seed, or

any type of vegetation. which Is infest-

ble. or contagious diseases,

as determined by the laws and regula

tions of the State for plant quarantine

and pest control. For the purpose of

enforcement of this provision State of-

. ficers may enter Indian reservations,

with the consent of the superintend-

ent, to inspect the premises of such

-§e

Chapter |—Bureau of Indian Affairs

traders and otherwise to execute such |

regulations.

State laws and

PART 252—BUSINESS PRACTICES ON

THE NAVAJO, HOP! AND ZUNI

RESERVATIONS

Subpert A—interpretation and Construction

Guides

Interpretation and construction.

Subpert B—Licensing Requirements end

Precedurus

225 Reservation business license re-

22.8 Approval or denial of license applica- .

22.7 Bond requirement for a reservation

business.

732.8 License period for reservation busi-

nesses.

Application for license renewal.

232.10 License fees for reservation busi-

211 Tribal fees, taxes. and enforcement.

23212 Peddler's permits.

22.13 Amusement licenses.

232.14 Trade in livestock restricted.

rte

Heigl

i iI

Sec.

252.33 Fees for pawnbroker license.

252.34 Pawnbroker records.

AB ng

252.36 Maximum finance charges on pawn

transactions. .

252.37 Prepayment.

252.38 Pawn loans: period. notice and sale.

252.39 Sale and redemption of pawn.

252.40 Proceeds of saie.

252.41 Refinancing transaction.

252.42 Lost pawn receipts or tickets.

252.43 Outstanding obligations owed to

252.44 Insurance on pawn.

Subpert E—Ceonsumer Credit Trensactions

Other Then Pewn

252.45 Consumer credit applications.

252.46 Credit disclosure statements.

252.47 Monthly billing statement.

252.48 Translation of disclosure state-

252.49 Usury prohibited.

Subpert F—Enfercement Powers, Procedures

. end Remedies

oor Penalty and forfeiture of merchan-

252.51 “Authority to close unlicensed reser-

vation businesses.

252.52 be pee ooo license and lease and

252.54 Periodic review of performance.

252.55 Price monitoring and contrcl.

252.56 Show cause procedures.

aici tems ta to cancel liability ‘on

252.58 Records, reports and obligations of

reservation business owners.

252.59 Customer complaint procedures.

Avtnonity: 5 U.S.C. 301. secs. 463, 465 re-

vised statutes (25 U.S.C. 2 and 9) 230 DM 2.

Sounct: 40 FR 39835. Aug. 29. 1975. uniess -

otherwise noted.

Subpert A—interpretation and

Construction Guides

$252.1 Purpose.

The purpose of the regulations of

this Part is to prescribe rujes for the

regulation of reservation businesses

for the protection of Indian consumers

on the Navajo. Hopi and Zuni Reserva-

tions as required by 25 U.S.C. 261. 262.

263, and 264. ’

(a) “Annual rate” means

(5) Is to order.

(d)* charge” means the cost

of credit in

ited on any account in payment for

merchandise.

(5) Proceeds from the sale of any

goods bought {rom Indians regardless

lace.

time to time. directly from the credi-

tor or indirectiy by use of a credit

card. check. or other device, as the

plan may provide; (2) the customer

has the privilege of paying the balance

in full or in installments; and (3) a fi

nance charge may be computed by the

creditor from time to time on an out-

standing unpaid balance.

th) “Pawnbroker” means a person

whose business includes lending

money secured by personal property

deposited with the lender.

() “Peddler” means a person who

offers goods for sale within the exteri-

or boundaries of the Hopi. Navajo or

Zuni Reservations, but does not do

business from a fixed location or site

on any of those reser-ations.

(j) “Person” includes a natural

person, a corporation. trust, estate,

snes. cooperative or ‘associ

(k) “Replacement value” means the

present cost to the owner of replacing

an item with one having the same

quality and usefulness.

() “Reservation business” means a

person that engrges at a fixed location

or site within the exterior boundaries

of the Navajo. Hopi or Zuni Reserva-

tions in the sale or purchase of goods

or services or in consumer credit trans

actions with Indians and is not a bank,

saving bank, trust company, savings or

building and loan association or credit

union operating undcr the laws of the

United States or the laws of New

Mexico. Arizona or Utah. a business on

the Hopi Reservation that ts wholly

owned and operated by members of

the Hopi Tribe. or a business on the

Zuni Reservation that is wholly owned

Chepter |—Bureau of Indian Affairs

and operated by members of the Zuni

Tribe.

if the applicant is a firm.

character. experience business

ability of the applicant and the em-

ployees of the applicant

$252.6 Approval or denial of license ap-

(a) The Commissioner shall approve

notify no

thirty (30) days after receipt of a com-

pleted application.

(b) No application is complete until

any clearance or tribal council approv-

a license to an applicant for the pur-

em te my ene ey ape

' of this Title no later than thirty (30)

days after the date on which notice of

denial of the application was sent.

$252.7 Bond requirement for a reserva-

business.

newal of a license to operate a reserva-

tion business the time

plication is submitted furnish a bond

Be Pa

iT if me iy ca i

Z He le 3 3% -

fi au tae GED

pel Hag | its

ih : F S afi gia=-3

ie lid 7 tik tae

SH tT i BE oes

mei itite (i

: 5 ¢ E8508 Me Re i - -

i Hla] faltgeetieat i:

cabinggiadiesse tata EEE

: if cae Tle tis

bystieg 5

July 1. the licensee shall pay twenty-

1975. as amended at_—sifive

Each licensed business owner

whe is not a member of the Navajo

tribe shall pay on or before January

10 of each vear an annual license fee

reservation determined as follows based on the li-

dollars ($25).

(1) If the licensee's gross receipts are

less than one hundred thousand dol-

lars ($100,000) for the year or the li-

(bd)

censee has not yet been required to

file its first annual report. the license

fee is fifty dollars ($50).

)

the censee’s most recent annual report:

held by the

in no

period

for reservation

twenty-five (25

period

to operate a

to use the land

hich the business is to be conduct-

the lease

license

business may not be

has a

Staple aw pd pte tenneng

the period of

The

exceed

FR 22937, June 8. 1976)

may

FR 39837. Aug. 29.

License

“bein

A license to

ie E

nine hundred

dollars ($500,000) but not

more than seven hundred and forty-

thousand nine hundred and

hundred dollars ($100).

x If the licensee's gross receipts for

the rear are at least five hundred

thousand

(2) If the licensee's gross receipts for

the year are at least. one hundred

thousand dollars ($100.000) but not

apne dollars ($499.999: the fee

nine

ing

aedee

HEE ail

iit

for agony of the more than four hundred and ninety-

for license renewal.

trade shall file

— oo ©

he Area

3) months prior

Tee ee Ee

base fae i pale tr buh

ih ianiae | lity [idea

5 Eee linn i af By fealaee

acy tsoabeded als ss aust seid

Ai ei ee! Ba iy

cea i | it! apes (1

x 2 ’

Be ah ly vit da fi wali list

Hehe Bit stastilii i ‘ a 241] f i 3:

the protisions of

(¢) of this section.

sve) Any surety of Bond under this

dollars ($5.000) nor more ae

thousand dollars ($50,000) -.

may be required by the Commis- Ee

d) The The provisions of this section do |

to amusement companies -

my Mn between the tribe

the protection of the public

persona! injury and properiy

by bond in the amounts speci-

with

section may be relieved of liability by

‘

Tena

qetill

atl :

st si

ah ni

”

§ 252.14

$252.14 Trade in livestock restricted.

9 ee S2Sb eRe Sess

i iat

iethbetall

Ht 1s

39837. 29. 1975. as arnended at

41 FR 22937. June 8, 1976)

$252.15 Consent to jurisdiction of Hopi

and Zuni tribal courts.

As a condition to doing business on

the Hopi or the Zuni Reservation each

are banned for health or

reasons from retai) sale by any Feder-

al agency or by the tribe or, where not

in conflict with the tribal regulations,

by the State or by any State agency.

No licensee may knowingly offer for

sale any food that is contaminated.

(b) All weights and measure shall

conform to standards set by the Ne

tional Bureau of Standards and to

standards. ifany. set by the tribe and,

if not in conflict with tribal regula-

tions, to the standards set by tae

State.

(ec) If training in foodhandling bs

available from the Indian Health Serv-

ice, each person working in a reserva-

tion business shall complete the {sod

handler training offered by the Indian

Health Service before handling any

food sold by a reservation business.

(4d) Any person whom the Service

Unit Director of the Indian Health

Service determines is infected with or

is a carrier of any communicable dis

ease In a stage likely to be communica-

bie to persons exposed as a result of

the infected employee's normal duties

as a foodhandler may not be employed

by a reservation business. .

(e) Each business shall comply with

all Federal health regulations and

with all tribal health regulations that

are consistent with Federal regula-

tions. Each business shal] comply with

State health regulations that are con

sistent with tribal and Federal health

regulations.

(f) Except as otherwise provided

herein, nothing in this section may be

construed as a grant of enforcement

powers to any ageency of a State or its

subdivisions.

‘(g) It is the duty of the health offi

cers of the Indian Health Service to

606

atiea

fie

| ‘

Utne An jEe

TET

sis 4 3 i

ell eg

PAUP TT

eit ae

i i

sE Ey §2 3

Leite |

the license, except. where

permitted under $252.14, the buying |

and selling of livestock and livestock

6252.22 Subleasing prohibited.

No licensee may lease, sublet. rent,

or sell any building that the licensee

occupies for

person. without the approval of the

Commissioner and the consent of the

tribe.

$252.23 Posted statement of ownership.

The licensee of a reservation busi-

ness shall display in a prominent place

a@ notice that is legible to customers

stating the form of the business

entity. the names and addresses of ali

other reservation businesses owned in -

whole or in part by the business

entity, and if the licensee is not a cor-

poration, the names and addresses of

the owner or owners of the business. If

the licensee is a tion the notice

shall list the names and addresses of

the members of the Board of Direc-

tors. :

$252.24 Attendance at semi-annual meet-

ings.

Upon the request of a tribal official

designated by the governing body.

each licensee shall attend a semi-

annual public meeting of a tribal gov-

erning body to respond to customer in-

quiries.

$252.25 Withholding of mail prohibited.

No owner or employee of a reserva-

tion business may open, xithhoid, or

otherwise delay the delivery of mail.

$252.26 Trade in antiquities prohibited.

No licensee may knowingly buy, sell.

rent or lease any artifact created

before 1930 that was removed from an

historic ruin or monument.

(Smee

| i a Zs ®

a THE i i, il ae at beac

HURT nil HEE aie jase ? dah?

7 23 fl

i ay ae | a

eH: i

2 in hit fey das fr

: in Ly? [ee i. 7 ie nut Hes !

Ne : it Lae Ft it

licaliel

ial

: f ha

MOTH ity

hi i uh rele | How. a : it

aH beelie Le ah ab Weis pss

deat el 1G Gh

enh ine ik ua in es 4A,ysase| esessecjale

ee std BEATE Sy EL

eli |e i fain el Gane HE

hE iL i Ue gece ti He

idpit : He if ill ee te | 8 i :

al bi HE i rT f Tt ali Hey

(o) Name and address of purchaser.

(p) Amount received upon sale.

(q) Amount of any surplus returned

to the pledgor.

' «r) Such other information as the

‘(a) Prior to the issuance of an initial

6252.33 Fees for pawnbroker license.

pawnbroker license. each licensee who

is not 4 member of the Navajo Tribe

shall pay the following eount:

§ 252.35

$252.35 Pawnbroker disclosure require-

- ments.

In all transactions in which pawn is

ta) Clear identification of the prop-

erty pledged.

(b) The date of the transaction.

(4d) Name and social security or

census number of the pledgor.

(e) Replacement value of the pawn

as agreed upon by the pledgor and

pledgee.

(f) Date on which loanisdue. -

(g) The amount, expressed as 4

dollar amount, of any finance charges.

th) The finance charges expressed as

sions of 12 CFR 226.5(b).

«) The amount. or method of com-

puting the amount, of any charges to

a eee

(j) A statement of the conditions of

$252.37 Prepayment.

(a) Subject to the provisions of

g Gg

sending notice of intent to

gor.

(d) the notice required in paragraph

pledgor and proof of delivery

and shal] contain a description of the

ment of the intention to sell. the date

of the sale. and the procedure for re

demption. .

(e) Nothing in this section requires .

proceed

the business owner to

notice and sale if the business owner

desires to hold the pawn for a period

longer than the loan period stated in

the original agreement.

(f) Uniess notice is given under pare

graph (c) of this section. or the loan is

refinanced under the provisions

§ 252.41, no finance charge may be im

posed for the time the loan remains

unpaid after the end of the

period stated on the pawn ticket.

8252.19 Saie and redemption of pawn.

(a) If the retention period has ex-

pired and notice as required under

§ 252.38 of this Part has been sent and

received. the pledgee may proceed

with the sale of the pawn.

(b) The pawn shall be sold no sooner _—

---—-

}

i} Hages tannhd age cap ey seuzger pss it Histil

& fi dies efagies! GHEE te Hy Gbete

i a ee ee ite HL sie

its Hy uel alehtine iaites

stl ee La ululateel Upile

Heh Pineville ened Pehle

g APE] HE ED | EE) Eee

: i th pias uti | is i a i '

Heel ce

ey gituedias fe 4420 fant? flezattaal Hie

reli i Ht fallin i alge ita aa

hi 3934255 jafatajfs iieats aa “3

__§ ofaiiaidliied:tieonatiaat else ibeadesbteiali

this section are the pledgor to sign a receipt for the re- .

611

_ () No additional charges may be im-

posed for the loss of @ pawn receipt or

$252.43 Outstanting obligations owed to

pledgee.

If the pledgor tenders payment to be

applied toward redemption of «a

pawned item, it shall be so applied by

the pledgee, irrespective of other out-

standing obligations owed by the pled-

gor to the pledgee. The pledgee may

deny the pledgor the right to

redeem the pawn. }

$252.44 Insurance on pewn.

(a) Any licensee under this Part who

a. «ritten disclosure state

ment: ;

(a) The maximum credit limit of the

account. -

may be made without incurring ef |

nance charge. :

charge iscaiculated. -.-

(e) The method used to caiculate the

finance charge.

(f) The periodic rates used and the

range of talances to which each rate

applies.

(g) The conditions under which addi-

tional charges may be made and the

method [for calculating those charges.

th) A description of any lien that

may be acquired on a customer's prop-

erty. :

’ ) The minimum payment that must

be made on each billing.

$252.17 Monthly billing statement.

On all credit accounts on which a fi-

nance charge may be imnposed and for

all other credit accounts when re-

quested by the customer. a licensee

shall issue a monthly billing statement

_to the customer stating the following

information «here applicable:

(a) The unpaid balance al the start

of the billing period.

(b) The amount and date of each ex-

tension of credit and identification of

each item costing more than ten dol-

lars-($10).

and other credits, including returns,

rebates, end adjustments.

(d) The finance charge shoxn in dol-

lars and cents.

te) The rates used in calculating the

finance charge plus the range of bal-

ances to which the finance charge was

calculated.

(f) The closing date of the billing

cycle.

(g) The unpaid balance at that time.

in writing regard-

- $252.50 Penalty and forfeiture of mer-

chandise.

Any person other than an enrolled

_meniber of the tribe «ho either resides

as a reservation business oxner within

the exterior boundaries of the Navajo.

United States District Court under the

. provisions of 28 U.S.C. 1345.

$252.51 Authority to close unlicensed res-

Part after a show cause f

proceeding ac-

cording to the provisions of § 252.56.

(41 PR 22937. June 8. 1976)

$252.53 Cease and desist orders.

(a) If the Commissioner believes

lations fails to show cause at the hear- |

why such an order should not |

issue, the Commissioner shal] issue |

the order.

desist order issued under this section

who violates the order is liable to revo-

cation of license after a show cause

proceeding according to the provisions

of § 252.56 of this Part.

$252.54 Periodic review of performance.

(a) The Commissions: shall review |

licenses at ten (10) » intervals to

why the licensee's license should not

be revoked.

why the license should not be revoked.

Commissioner shall revoke the li-

‘

;

£3

}

byi0F

iF i

BSs8 <

gett

i =e

to take.

(b) The licensee shall have ten (10)

days from the date of receipt of notice

‘. which to show cause why the con-

date on «which the remedial

ing setting forth the desire of the

surety to be relieved of liability and

the reasons therefor.

(b) The surety shall mail a copy of

the statement by certified mail. return

(ad) If the licensee does not have

other bond sufficient to meet the re-

quirements of this Part or has not. ex-

ecuted and filed a new or substitute

bond within twenty (20) days alter the

service of the statement, the Commis

sioner shall declare the license and

lease void.

. Aug. 29. 1975. as amended at

3288. Jan. 22, 1976: 41 FR 22937. June

Hilde

The

(d@) The licensee shall keep a dupli-

cate copy of any «riting

paragraph (c) of this

period of not less than three (3) years

and shal) provide the customer or the

customer's representative one copy of

14 FR 39637. Aug. 29. 1975. as amended at

(a) Any customer of a licensee may

file a complaint with the Commission-

er alleging that the licensee has com--

mitted a violation of this Part.

(b) Upon receipt of a customer com-

Huet

. § 254.2

PART 254—OPERATION OF U.S.M.S.

“NORTH STAR" BETWEEN SEATTLE,

WASH., AND STATIONS OF THE

. BUREAU OF INDIAN AFFAIRS AND

OTHER GOVERNMENT AGENCIES,

ALASKA

Sec.

254.1 Responsibility for operation.

254.2 Transportation of freight for Federal

agencies and others. ;

254.3 Employment of Natives.

Prohibition of trade with Natives. -

and their families and Natives.

254.9 Preferential passengers.

Avtnortty: 5 U.S.C. 301.

Sovunct: 22 FR 10674. Dec. 24, 1957. unless

otherwise noted.

$251.1 Responsibility for operation.

(a) The director of the Seattle Liai-

son Office. Bureau of Indian Affairs.

Seattle, Washington. under the juris-

diction of the Area Director, Juneau

Area Office, Bureau of Indian Affairs,

Juneau, Alaska, has responsibility for

the operation of the ship for the De-

partment of the Interior. Bureau of

Indian Affairs, including repair,

upkeep, payment of bills and employ-

ment of personnel.

(bd) Itineraries for each voyage shall

be made by the Director of the Seattle

Liaison Office in consultation with the

Area Director of the Juneau Area

Office. Bureau of Indian Affairs,

Juneau, Alaska. Preference is to be ac-

corded to the work of the Bureau of

‘Indian Affairs. The Area Director is

vested with authority to direct the use

of the ship to perform special services

which may arise and to «ect in any

emergency.

(39 FPR 12246. Apr. 4, 1974)

§ 254.2 Transportation of freight for Fed-

eral agencies and others.

(a) All agencies of the Federal Gov-

ernment, including activities of the

Bureau of Indian Affairs. Alaskan Na-

tives. cooperatives of Alaskan Natives.

enterprises

business owned and oprcr

ated by Alaskan Natives and Federal

employees shall be charged for

i ik

. i ih ii

! ith fildag

sit

is if Hy

ne it; FH

i HL

—

u # i . tf 2

fal il i fist h

Ae Ht alten i

t whe fit! AE ite iat HH f

I viet fe H. Bate i]

ret ey aT

: nae He

STA (lil sai

33hi3

i Hill

aA HHH HR AH TEE

A Te

ae He i

aa i i

He 3

: Liat lt

‘i sos

+ Hi

castes HEEL

in Hiei eh art i

i ug i ae i

esy

“233 a:

iene

itl

}

i ea |

)

ake

Cuar. XXXIV.—4n tel a" . AgpapInTE

od a

of °

fulfling the

and for

the Senate

hare arisen

hereafter

a i! i

thie

1798, eb. 70.

8 #3 . | é tie

5 i i Ft, F i ii,

Q #52 ay yy HH b tisisss u| Tet .

i: if fut iil hall | Ht vi

is s

” SEVENTH CONGR

ee i

of preparing

= ape wl

Sey ond ommne

Anaad

thi cto

it further

hare been

was made,

tg tomy

pat ta

srl be gre

ae BH ne ‘i aaa

Th ate HTT a i i Hani

Cusp. XII1—tn det te regulate trade and intercourse with the Indian tribes, and

to preserve peace es the frontiers.(@)

Be it enacted by the Senate and House of Representatives of the United

fates of Americd in Congress assembled, That sho flow lag boundory

it HI Hin AEE sftk 322222

F , Hae Hh TE rae aptly 22 (77i223

ial it ela Hy Heel ae at

a Ha sate ce ea fe nat

enti Hdtiteulial nie (iat

eae Ler iii

if THR prahie fr fii pei 7 palit

Ht init tt ane Tipii|s a

LATE sagtete ty i alla

iL ABH : MTT F Ht eee at

et LE Haale ita

alah iia a

Hi ln

I Cu. 13. 1602

i st i] iii e ae I

ec ie Fe aE

iF i iiss Hee fi HUH dane Bitte

% aE tie paar HE Hea HE J

Hehe AEH ei pi ae pails

Tri ite ig uel le

RTH Sree ee Ler et Gah ee

at fia ea

ais : ht

Ha ABH EHIEL hr hi Hani Mil uli Hil

i | be

ie Ht

ayfeatlat f

Hid

SEVENTH CONGRESS. Sess. L Cu. 13. 1°92.

te at eee a ale tt

STE aa tial lefty i

Weabiite Gam HHI

Ie eS ES

phils i iia ait {tie aL hin

aegis 53 4 <3 Hi ee |

i iN ‘i rT itil [ite Haight at ditt

i i ina ull

{ - he

{i Hl | a Hi I, i ie 4, Any iit int

33]

fils

M a ia | i me AT

Ht fit i ca ‘if se Ain

fH iit lind ? elif cH Hit tn

rife aut iii if qd; cag’ if i

RE pili, Ht ii : iat H. at

Te HL Hf +i silt i! iit Hilt [

SHH it AL th li iis if it

ra HH let patil He

iit? nt tnaliapil iti ll aid iia ita

ism.

SEVENTH CONGRESS. Ser«. 1. Cw. 15.

i He a3 85972: 3 Hiitt [pen $torha) 27841233

mili ii ui Er et ie

Hebb Ubinas i ae

piel sais HE THEE Huber ue

i brated ettt east iid: STH He He

i dau Ht BUTT HiT fll ;

= MSE) Ce rt ee fF ts a 3} att

fies Hat : Hi HEH

tal rH ; : Epa FRESE Higa

HHS iH ut 7 i tal ti ‘ uvlho

sit dea AN UMnaa ERD

Hy A a i

aT af

A ee Hi ) fi}

! iis a i si i b i ; i Jt

mcr Hie Hint rH Hit inti if A

decide (Uist Hleen Hii a

tat jin Hae Sat ae

et haetaat + ee Ge an ie SeEiado

it Lgl cal i ile : F

tanita

Bt HERE ti HE hil nail sai

SEVENTH CONGRESS. &rex, 1. Cn. 13. 1992,

a ee ee

or Gata

san tribes,

anding.

said |

notwithst

this act shall be in force

restrain the vendin

the

rong all

the contrary

20 far es 1

that the

” is

thereot

reece the

as t

act, intituled “

enacted, That the President of the United

such measures, from time to time, as

8 5

dnd be it further

i take

pan me

n i et

HAE

424 2°3if u i as 1 f i a

Ce nee Ete

jp; g? fi inl | belt z : aH i: if] 8 bf AT : Ht

vi i i He ; mie : ali ite: ut

He ea a lea

aie dea li Ae

ii: i} i! i i ili fi i eh i rH i if f2

iy s ae fib Hib thle Ht EF y Hal ii

adit 2 ii uit Hifits, i tt aH if] fe:

fi HET Hall ie i Hii HH 3 if i

i ali it ie i iin cn

Ht | ul 53 i i i}

a fens Ta il: cml idl (ii

Srarers 1

suppert of govern April 2, 1802,

and (wo.

ntatives of the (merined

Sor the

FE pe Ny EN oe ae FR

SEVENTH CONGRESS. Sess. 1 Cu. 15. 1902.

making « part’

Cuar. XV —An .fet

es a a

pal eu Hee Ue

nt il ee Wi

gists stbiegy drayat ug ilai? | . za :

Ce en

iva] aie Geeta ih

Ae ie Hi ieea fe ean

i iG iil La ui Gali

sal He rath mi ul ‘aul

At iia oa i esi j

i ‘oiled ine al

Sees. 1. Cu. 57,59. 1922.

continue in

imports

2 ae

entitled “

collection

Match, one

be, and the

: it

il |

3 ike Ei

‘Cuap. LVIL—tn Set for the reliofy of certain insolvent deblors.

oe te Be it enacted

3, 1803, ch. 31.

the Senate and Ifowse of R

in Con

Amcrica

| Mesa

within the

the United

the seren-

«presentaticcs

ad, That so much ¢

”

States of

gress as

itled “An act for the relief of insolvent

Columbia,”

the act, ent

aas

ig be

debtor

be construed to extend to anr

approved on the thir

of Columbia one rear next

hundred and three, as declares that

tal

in the

tlie

lay

the said act, shall be, and _.2 same

ditor residing

cept the creditor at

confined. This act shall commence

passing thereof.

this act, or the act

grinst any cre

mulvia.

no discharge under

erate a

of Col

ion for

HAE

Sratere IL.

May 6, 1822.

Ve UPSET Tg

i Hey ul ite

ri epeaeds ce tbdeda reap bee

1g pia

yee SH ESET aa dsT2 tarred

it} LS RAHAT stE

gash ee ata

1! bcitrnaidlad rhs :

=i aH Wee agigiss i :

3a Secederss 1ith Ra :

ih iil beatae

THE Healt

ta F : bit aij

Ha ii iil Tuy

633

SEVENTEENTII CONGRESS. Sess. I. Cu. 61.

bys ie iF ne ati

z ul fie} ui id ik,

+t ve iii eee i ate

ae iF F el if Hi + i

cy Ula alt

t uae HI agit:

ey (balls aan

Ht du THE if aisha

ite dL

Haat

side i ips STA if:

ij iF

itis

jus ile

s #2

ise

<ul His

asta

ate

iit

| ik

-94-

161. 1834.

TWENTY-THIRD CONG

not otherwise

at the disposal

June 30, 1834.

money in

and is hereby,

of Sane —_.

the treasury

placed

and

Cuar, CLXL—tn fet fo regulate trade and intercourse with the Indian tribes, June 30, 1834.

of Usited

| Cae

i a

ee on

aif

ul i

Heli

and to preserve peace on the frontiers. (a)

the Senate and House of

Congress , Thee ail that part

Bese

sli

Es 33

MH TLE

ah HIE i i ae

332°

assembled,

and not

Arkansas,

river,

enacted,

(im the

t of

be issued

Mississippi,

oth

violate

in hie opi

provided for

or that it

try. And

boundary,

to be inserted

granting or

° any

license to trade,

in fr ene ora

frets

from the

Indian affairs;

whenever

prohibit

with such

and no

continue,

|, That

Indian

hout such

nit Hh TAAL HH he

52 He ist

st is

p. 6.

subject of the Indians, vol. il.

houses with the Indians, vol. li. p. 652.

with the Indian tribes, vol. ii.

vol, ii.

of peace

with the Indiae

decimons of the Supreme Court of the United States on

relating to treding

iatereourse

7 of the acts for the

otes of the of

—

Note of absolete acts

Vou. IV.—02

Lad

TWENTY-THIRD CONGKESS. Sess. !. Cu. 161.

1313 HE {ifts HETTE omy i74

[at He il ite iH ia ti

Hill ib; il Hage Gu td bie

sail snmslaig ai

i iH a

i RANE if i Haat alibi

ithe Hutt ena nln init

Hoy a

granted by treaty wit

shail attempt to survcy

oe td rr.

one thousand dollars. And

i re

Ses

ere

iil HE

Hla

vidESE

it tt

TWENTY-THIRD CONGRESS. Sess. I. Cu. 161. 1894

4 Ine el 4

‘ fg i ia i i ie iit?

i ne if iH ii 7 ut Hi

fai : hi a : ji

iit

ful

ees2 273583

HEHE Lat [ sn

ah i i ietinii ihe He ae ae

TWENTY-THIRD CONGRESS. Sess. 1. Cu. 161.

i132

He es

stata

an az

Hat ii a i!

z He Hr: | £5 sf EgtSi ~

rit ae at Hl He sil Hit ne 4 Aa

HALE ale ib Mtl

ft i 1 i : HE ; Hin He rif f i

TE Pact 434]? 3 fsalpae EEE Hi : i]

Hi ea it os

sat HEHE Hi uke ie ane 7 ii

igi a i ie Hid

| rf i it iH

Hh ie

TWENTY-THIRD CONGRESS. Sess. L. Cu 161. 1834.

ait Heil

“.

Ls e LB. $294 ii BE lin u mth 3352 3

a oe 4

ais

533 g ati: ; E:

He i : t ene PEA sie el il

if pa 355 ah realestate: ie it ty ‘ Hi

atl tal ‘ied vipleettiane iain beget sy

SUPA eu eB ere eC PE

Hts ull Er i) HH th Be

Es cee ag

aly il ill nGie oH E ie tH

s SES CRS ESSE LETT: EEE pPFELeFEEGE SEs< rf tts

uh Boe tet TR ee OTST

it AHH ELE it

i HH iba Hee ear ie

i H i aby int a7 f2cts 324 3 beta tad

. ) : 4 He

ea ia

TWENTY-THIRD CONGRESS. Sess.1. Cu. 161. 1534

oe of the |

enacted,

violation

of the

in the

enacted,

are

for

Mey

March

passed

1808, ch. 13. Te oe

- teen hundred

areal all a

ashy cas uth .

Bu int Hi anise ale

aH inti ‘lit Ayan

, i ihasts i A oe i iF Hi < # # " a

ith aH PERE # yy & u ay a

-100-

z | a

ik i lh i

see | ey (Ta

fant ii 2H bil aah (ital

8 BS ges 308 35° ' ty Le

pele [etl yd He

4 Haar Hi alsa i Bz. Esti

LORE He et

i; rH ar i miu fuyiti iin

is +L ia

ne inf iG i ian

TRAE i i

nd be it further cnorted, That the following Indian agents shal

of the proceeds of land ceded by the Indiana

te June 30, 1834.

alse]

Hea

-101-

TREATY WITH THE SEPESOTRDIANS: Jexe 1, 1868.

Ratifection edvioad Jay 25, 1868;

36a

ANDREW JOHNSON,

between the United States

j Concluded June 1, 1

Proclaimed August 12, 1868.

PRESIDENT OF THE UNITED STATES OF AMERICA,

"lene

June 1, 1668,

“TO ALL AFD SINGULAR TO WHOM THESES PRESENTS SHALL COME, GREETING :

33 aes Hy

: if i i toe: A

viigis SEUTH dd Skt Ha

i; i aii i: iri iu fe fe i

era AE iH tf

ft lla Het i nae

ny, HHT HE vill

ust | THEE srr af sd!

ue ea & Tn plsHniin

Paieddy seiep Atte all HEE Hi

Hi fa (aks eyes PL 1 e

his violating, the of this treaty or the laws of the United

reiebereed tx

States, shall be therefor.

that the following district of

country, to wit: bounded on the north 7o 37th degree of oorth lati-

Deflance, in Bonito, east by ST lechote which Won

east t .

Song eee

the

outlet of the Cafion-de-Chilly,

reside

be errered *7 —_ point within said reservation, where timber and water may be convenient,

the following buildings: a warehouse, to cost not exceeding twenty-five

buodred ; an agency build der the sesbdenee of the aqeet, net

to cost exceeding three thousand } & carpenter shop and biack-

smith shop, not to cost exceeding one thousand dollars each; and a

echool-house and chapel, so soon as a sufficient number of children can be

induced to attend which shall not cost to exceed fire thousand

Agent to Articce IV. The United States agrees that the agent for the Navajcs

mate his home make bis ‘at the agency building; that he shall reside among

— phe b shall home at

ener, CS OR SD CE OD BEE Snes Be Se purge epee

and diligent inquiry into such matters of complaint by or against the

Indians as may be presented for investigation, as also for the faithful dis-

Mis duties. charge of other duties ined by law. In all enses of depreslation on

or property he cause the evidence to be taken in writing and

forwarded. together with his finding, to the Commissioner of Indian

og gn ne teh a

the bead of a family, shall desire to commence

and recorded in the “land book” as

Effect of such herein described, shall cease to be held in common, but the same may be

metee. the exclusive ion of the person selecting it,

long as be or de ene continue to cultivate it.

Persons not Any pee gs pnt not being the head of « family,

~prhaae may fo She canner and cause to be certified to hiin or ber for pur-

OE 2 ES Se

tent, and thereupon to the exclusive possession of the same ns

abore directed.

Certifiesteof For each tract of land so selected a certificate containing a description

,- — Yi thereof, and the name of the person it, with a certificate en-

dorsed thereon, that the same has been recorded, shall be detivercd to the

him in a book to ee be Eyl

q a 60 to

the * Nowsjo Lend Book.”

-103-

fe:

TREATY WITH THE NAVAJO INDIANS. -Jows 1, 1868.

i i

fy | it |

i Hig Ey Hg

a HusG2ig 2244 2kgisyes 22852 8a]2 7455 82

i i tH He i et ay Hi

iE ti i 13 ins ies ii Ht af

ental ce ee eB

: 33 i: feats His t rt : 5 iis i bik

a iat al Hit iit Het

oh i fa ij i ileal uly F 2% :

sity ii Fe 3 A Her

ah: RHE aut mf ait L at ip

ay le dale re au

-104-

670

a5 to outside ter-

ritory;

“*S molest or distarb

TREATY WITH THE NAVAJO INDIANS. Jeve 1, 1868.

States, the tribes who are to this agreement bereby stipulate that

they will relivquish all to any territory outside their reserva-

dion, G0 hetuho Getinst, bed sotaia Go sie to bust on any encemaplet

lands contiguous to their reservation. so long as the large game way range

thereon in such numbers as to justify the chase; and they, the enid In-

oe Se eee ape

lst. That they will no tion to the construciion of railroads

ee ee across the conti: nt.

2od. will not interfere with the 1 construction of any

not passing over their reservation as defined.

3rd. That they will not attack any persons at home or travelling, nor

any trains, coaches, mules or cattle belonging to

the United or to persons friendly therewith.

4th. That they will never capwure or carry of the settlements

or children.

kill or scalp white men, nor attempt to do them

future oppose the construction of railroad+, wagon

stations, or other of utility or necessity which may be

or permitted by the laws of the United States; but should such

roads or other works be constructed on the lands of their reservation, the

government will pay the tribe whatever amount of damage may be as-

= i

7th. They will make no opposition to the military posts or roads now

established, or that may be establisbed, not in violation of treaties bereto-

reafter to be made with any of the Indian tribes.

;

‘

to deprive, without his consent. any indi-

vidual member of the tribe of his rights to -ny tract of land selected by

i of this treaty.

sige’ ng of these presents they will proceed in such manner as may be re-

quel of them by the agent, or by the officer charged with their remoral,

w the reservation herein provided for, the United States paying for their

subsistence en route, and providing a reasocable amount of transportation

Articre XII. It is further agreed by and between the parties to this

agreement that the sum of one hundred and fifty thousand dollars appro-

priated or to be shall be disbursed as follows, subject to any

conditions in the law, to wit:

ist. The actual cost of the removal of the tribe from the Bosque Re-

dondo reservation to the reservation, say fifty thousand dollars.

2nd. The purchase of fifteen thousand sheep and gots, at a cost not to

exceed thirty thvusand dollars.

3rd. The purchase of five hundred beef cattle and a million pounds of

corn, to be collected and held at the military nearest the reservation,

to the orders of the agent, for the of the needy during the

any, of the nae to be invested for the

maintenance of the Indians pending their removal, in such manner as the

tribe to be made under the supreme control.

TREATY WITH THE NAVAJO INDIANS. Jcxe 1, 1868. 671

PTarscts XIIL. The tite hereie named, by thele representatives, Reservatice t:

parties to this treaty, to make the reservation herein described their b* permanent

home, ‘they will net as 0 tribe mabe on permanent settle-

ment elsewhere, ye tHe - adjoining the said

reservation formerly subject to the modifications named in Penalty for

omy at Oe este e Co ctmnin & Gonna h atte Te

said reservation may be for the time being; and it is as

SS Se 2 SS See ee oe or

Indians sball leave the reservation herein described to ee

he or they shall forfeit all the rights, privileges, and annuities

by the terms of this treaty ; and it is further agreed by the to this

a Lhe ody d. Std Te

reservations set apart for the exclusive use and occupation of the In-

poy tery bby life, or in war against the people of

the United to abandon such a life and settle permanently in one of

the territorial reservations set apart for the exclusive use and occupaticn

W. T. SHERMAN,

Lt. Gen'l, Indian Peace Commissioner.

&. F. TAPPAN,

Indian Peace Commissioner.

BARBONCITO, Chief. his x mark.

ARMIJO. his < mark.

DELGADO.

MANUELITO. his x mark.

LARGO. his x mark.

HERRERO. his x mark.

CHIQUETO. his x mark.

MUE DE HOMBR . bis x mark.

HOMBRO. . bis x mark.

NARBONO. his x mark.

NARRONO SEGUNDO. his x mark.

GANADO MUCHO. his x mark.

Council.

RI his x mark.

JUAN MARTIN. his x mark

SERGINTO. his x mark.

GRANDE. his x mark.

INO. his x mark.

ETENITO.

MUCHACHOS MUCHO. his x mark.

CHIQUETO SEGUNDO: bis x mark.

ARILLO.

CAB AM bis x mark

FRANCISCO. his x mark.

TORIVIO. his x mark

DESDENDADO. his x mark.

A his x mark.

GUE his x mark.

GUGADORE. his x mark.

CABASON. his x mark.

BARBON SEGUNDO. bis x mark.

672

TREATY WITH THE NAVAJO INDIANS. Jcnez 1, 1868.

ees ee Gen'l 0. S. A.

— ~~

Bt Gen'l U. S. A. Lt. Col. 3d Cav' y.

Caas. McCrore, ~—_

Bt. Maj. and C. S. U7. &. A.

James F. Weeps,

Bt. Maj. and Asst. Surg. 0. S. A.

J. C. Sormraraxp,

Wiutax Vacz,

Chaplain U. S. A.

‘Ratification. And whereas, the said treaty having been submitted to the Senate of

the United States for its constitutional action thereon. the Senate did, on

the twenty-Gfth day of July, one thousand eight hundred and sixty-eight,

advise and consent to the ratification of the same, by a resolution in the

words and figures following, to wit: —

Ix Execorive Sessiox, Sexate or tae Usirep Srares,

July 25, 1868.

(two-thirds of the senators present concarring,) That the

Senate advise and consent to the ratification of the treaty between the

United States and the Navajo Indians, concluded at Fort Sumner, New

Mexico, on the first day of June, 1868.

Attest: ,

GEO. C. GORHAM,

Secretary,

By W. J. McDONALD,

Chief Clerk.

Proclamation. Now, therefore, be it known that I, Axonew Jouyson, President of

the United States of America, do, in purroance of the advice and consent

of the Senate, as in its resolution of the twenty-fifth of Joly,

one thousand eight and sixty-eight, accept, ratily, and coofirm

the said treaty.

In testimony whereof, I bave hereto ‘signed my came, und caused the

bene ot the Ci of Washington, this twelfth da of August, in the

at the Cit y

year of cer Lord one thousand hundred and sixty-eight,

[SEAL] ind of the Independence of the United States of America the

ANDREW JOHNSON.

By the President :

W. Honrenr,

Acting Secretary of State.

-107-

IN THE SUPREME COURT OF THE UNITED STATES

OCTOBER TERM, 1982

NORMAN ASHCROFT, et al.,

Petitioners,

vs. No.

THE UNITED STATES DEPARTMENT

OF THE INTERIOR, et al.

CERTIFICATE OF SERVICE

I, WILLIAM J. DARLING of Eaves and

Darling, P.A. hereby certifies that all par-

ties required to be served with the Petition

for Writ of Certiorari have been served this

LE aay of October, 1982 by depositing with

the United States Post Office envelopes con-

taining three copies of said Petition for

Writ of Certiorari to the following parties:

l. Solicitor General

Department of Justice

Washington, D.C. 20530

-108-

Carol E. Dinkins, Esq.

Dirk D. Snel, Esq.

Maria A. Sizuka, Esq.

Department of Justice

Land and Natural Resources Division

Room 2338

Washington, D.C. 20530

EAVES AND DARILNG, P.A.

J. DARLIN

San Pedro NE

Albuquerque, NM 87110

(505) 262-2661

-109-

IN THE SUPREME COURT OF THE UNITED STATES

OCTOBER TERM, 1982

NORMAN ASHCROFT, et al.,

Petitioners,

vs. No.

THE UNITED STATES DEPARTMENT

OF THE INTERIOR, et al.

ENTRY OF APPEARANCE

COMES NOW William J. Darling of Eaves and

Darling, P.A., and hereby enters his

appearance on behalf of Norman Ashcroft,

d/b/a Querino Canyon Superette, Armend

Ortega, d/b/a Indian Ruins, and Atkinson's

Ltd. of Arizona, this 2/5 day of October,

1982.

EAVES AND DARILNG, P.A.

° N

151 an Pedro NE

Albuquerque, NM 87110

(505) 262-2661

-110-

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.