Proposed regulations governing the removal of Federal trust restrictions from lands belonging to Indians of the Five Civilized Tribes of eastern Oklahoma, in response to requests from the owners, were announced today by the Department of the Interior.
Regulations covering such removal in cases where there is no 'application from the owner were recently adopted by the Department and published in the Federal Register August 22, 1958.
To a large extent the proposed new rules follow the pattern of those adopted earlier. Under a delegation of authority already made, the initial determinations regarding removal will be made by the Indian Bureau's Area Director for eastern Oklahoma with headquarters at Muskogee.
Under the proposed regulations, the Area Director would be called upon to consider a wide range of factors in making such determinations. These include the Indian applicant’s education, training and experience; his record in making an adequate living for himself and his family; the extent of his assets not covered by trust restrictions and acquired through his own efforts rather than inheritance; his record in using assets or funds coming into his possession; and other similar factors.
he principal effects of an order removing restrictions would be to give the Indian full ownership and control of his property and to end his eligibility for special services provided to him by the Department of the Interior because of his status as an ,Indian. Exceptions on this latter point would be made, however, in cases where the Department determined that termination of services would result in substantial hardship. Any existing exemption from taxation that constitutes a vested property right would continue in effect until it terminates by virtue of its own limitations.
Under the proposed regulations, if an application for removal of restrictions is disapproved by the Area Director or not acted on within 90 days, the applicant would have the right of appeal either to the Secretary or to the county court in his county of residence.
Interested parties are given 30 days after publication of the proposed regulations in the Federal Register to submit their comments to the Bureau of Indian Affairs, Washington 25, D. C.
