Ptices shall be published for a period of five days and shall set forth the substance of the hearing.

આ બધા વ

(4) Any fishing gear or fish ordered forfeited shall be disposed of as directed by the Secretary.

(5) Any person who satisfies the court that he or she is the owner of any fishing gear or fish seized under this section may intervene in the forfeiture proceeding on behalf of the fishing gear or fish.

(6) All fish seized shall be promptly sold by law enforcement officers and the proceeds held pending adjudication of the charge that was the basis for the seizure. Proceeds from sales of fish that are found, upon adjudication, to have been illegally taken will be transferred to a special Hoopa-Yurok Fund in the U.S. Treasury.

(c) Arrests: (1) (i) Each judge of the Court of Indian Offenses is authorized to issue warrants for the arrest of an eligible Indian.

(ii) No arrest warrant may be issued except upon a written affidavit based upon reliable information or belief alleging that there is probable cause to believe that the person to be arrested has violated the regulations of this Part.

(2) A law enforcement officer may arrest any individual without a warrant if that officer has probable cause to believe that person is committing a violation of the regulations of this Part in the officer's presence.

(3) Any eligible Indian charged with a violation of the regulations of this Part may be admitted to bail in an amount set by the Court of Indian Offenses. The Court may release a prisoner on his or her own recognizance in an appropriate case.

[44 FR 17148, Mar. 20, 1979, as amended at 45 FR 74691, Nov. 10, 1980]

(2) 2nd violation of the regulations of this part. Not more than $400 or 4 months in jail or suffer suspension of tribal fishing rights for 120 days during the fishing season or any combination of the above.

(3) 3rd or subsequent violations of the regulations of the part. Not more than $500 or 6 months in jail or suffer suspension of tribal fishing rights for 180 days during the fishing season, or any combination of the above.

(b) Any eligible Indian who violates § 258.8 (b), (c), or (d), or § 258.9, shall be fined not more than $500 or sentenced to jail for a period not to exceed six (6) months or both.

(c) Any eligible Indian who violates § 258.7 of this Part shall be fined not more than $250 or suffer suspension of tribal fishing rights for up to ninety (90) days during the fishing season or both.

(d) [Reserved]

(e) Any eligible Indian who refuses to obey a lawful order of the Court of Indian Offenses (including an order suspending fishing rights) shall be fined not more than $100 or sentenced to jail for a period not to exceed thirty (30) days or both.

(f) Any eligible Indian who violates § 258.6(a) shall be fined not more than $100 or sentenced to jail for a period not to exceed thirty (30) days or both.

(g) Where appropriate the judge, in his or her discretion, may order an eligible Indian, in lieu of a jail sentence, to work up to twenty hours a week without compensation for a term to correspond to the probable term of a jail sentence, in fisheries enhancement work on the Reservation. Such work will be conducted under the supervision of the BIA or the Fish and Wildlife Service.

(h) Any person who refuses while in the physical presence of a presiding judge to obey a lawful order of the Court of Indian Offenses shall be fined not more than $100 or sentenced to jail for a period not to exceed 30 days, or both.

(i) For purposes of determining imposition of fines and sentences under this part, the number of violations shall include all violations occurring in previous years.

(j) Civil Penalty. (1) The owner of a marked or unmarked gillnet shall be strictly liable for the costs of seizure, costs of storage, costs of advertising of seizure, costs of proceeding in court and attorney's fees for any gillnet fished in violation of these regulations.

(2) These civil regulations shall in no way substitute, replace or otherwise affect any criminal sanctions set forth in these regulations.

(3) The Court of Indian Offenses may secure said gillnets until such costs have been paid. If after a reasonable length of time no payment or inadequate payments have been made, the Court of Indian Offenses may release the nets to the Bureau of Indian Affairs for disposal as directed by the Secretary of the Interior.

[44 FR 17148, Mar. 20, 1979, as amended at 45 FR 74691, 74692, Nov. 10, 1980]

For purposes of making appointments to vacancies in all positions in the Bureau of Indian Affairs a preference will be extended to persons of Indian descent who are:

(a) Members of any recognized Indian tribe now under Federal Jurisdiction;

(b) Descendants of such members who were, on June 1, 1934, residing within the present boundaries of any Indian reservation;

(c) All others of one-half or more Indian blood of tribes indigenous to the United States;

(d) Eskimos and other aboriginal people of Alaska; and

(e) Until January 17, 1981, a descendant of at least one-quarter degree Indian ancestry of a currently federally-recognized tribe whose rolls have been closed by an act of Congress.

§ 259.2 Appointment actions.

(a) Preference will be afforded a person meeting any one of the standards of § 259.1 whether the appointment involves initial hiring, reinstatement, transfer, reassignment or promotion.

(b) Preference eligibles may be given a Schedule A excepted appointment under 5 CFR 213.3112(a)(7). However, if the individuals are within reach on a Civil Service Register, they may be given a competitive appointment.

§ 259.3 Application procedure for prefer. ence eligibility.

(a) Proof of eligibility must be submitted with the person's application for a position.

(b) In order for a person to be considered a preference eligible according to the standards of § 259.1, they must submit proof of membership, descendancy or degree of Indian ancestry as indicated on rolls or records acceptable to the Secretary.

261.7 Appeals.

* 261.8 Inspection.

As used in this Part 261:

(a) "Secretary" means the Secretary of the Interior.

(b) "Commissioner" means the Commissioner of Indian Affairs.

(c) “Area Director” means the Officer in charge of one of the Bureau of Indian Affairs' Area Offices or his authorized delegate.

(d) "Superintendent" means the Officer in charge of the Agency or other local office of the Bureau of Indian Affairs.

(e) "Indian" means a person of Indian descent who is either of the following:

(1) An enrolled member; i.e., a person whose name appears on the formally approved membership roll of a tribe. In the case of the Five Civilized Tribes in Eastern Oklahoma and the Osage Tribe where rolls have been closed an applicant may be a descendant of an enrolled member accepted as such by the Superintendent; or

(2) A person who is considered to be a member by or who meets the membership requirements of a federally recognized tribe.

(3) A person of one-half or more degree Indian ancestry who is a descendant of a member of a tribe that has been federally recognized by treaty or otherwise. Proof of ancestry must be by rolls or records acceptable to the Secretary. Such persons are hereinafter referred to as "nontribal Indians."

(f) "Tribe" means:

(1) An Indian tribe, band, group, pueblo or community recognized by the Secretary of the Interior; or

(2) An Alaska Native Village as defined in and eligible for benefits under the Claims Settlement Act (Act of December 18, 1971, 85 Stat. 688).

(g) "Family" means one or more persons maintaining a household.

(h) "Ownership" means having fee title, trust title (including participation in multiple ownership), leasehold interest, use permit, indefinite assignment or other exclusive possessory interest. In the case of Alaska, the term also includes one who the Superintendent determines has a reasonable prospect of becoming an owner in accordance with the provisions of the Alaska Native Claims Settlement Act (85 Stat. 688).

(i) "Standard housing" means a dwelling in a condition which is decent, safe and sanitary so that it meets the following minimums:

(1) General construction conforms to applicable building standards for the region. Structures to be improved are to be in sound condition. Deterioration, if any, will not be at a level creating a health or safety hazard, or a comfort problem.

(2) The heating system has the capacity to maintain a minimum temperature of 70 degrees in the dwelling during the coldest weather in the area. It must be safe to operate and maintain and deliver a uniform distribution of heat. Applicable local heating codes are to be followed. If there are no applicable local codes, county or state codes are to be used as a guide.

(3) The plumbing system includes a properly installed system of piping. Fixtures consist of a kitchen sink and

a partitioned bathroom with lavatory, toilet and bath and/or shower. The water supply, plumbing and sewage disposal systems meet minimum standards of the Indian Health Service, tribe, county or state, whichever is applicable.

(4) The electrical system includes wiring and equipment properly installed to safely supply electrical energy for adequate lighting and for the operation of appliances. The tribal, county, or state electrical code, whichever is applicable, must be used as an alternative standard. If no codes exist, a minimum of two circuits per dwelling must be installed with provision for at least one additional circuit for future use.

(5) Family size per dwelling does not exceed these limits:

(i) Two bedroom dwelling: Up to four persons (the first bedroom must have at least 120 sq. ft. of floor space and the second bedroom must have a minimum of 100 sq. ft. of floor space.)

(ii) Three bedroom dwelling: Up to seven persons (the first bedroom must have at least 120 sq. ft. of floor space and the second and the third bedrooms must have a minimum of 100 sq. ft. of floor space each.)

(iii) Four bedroom dwelling: Adequate for all but the very largest families (the first bedroom must have at least 120 sq. ft. of floor space and the remaining bedrooms must have a minimum of 100 sq. ft. of floor space each.)

§ 261.3 Policy.

The Bureau of Indian Affairs' housing policy is consistent with the specific objectives of the National housing declares policy which that every American family should have the opportunity for a decent home and a suitable living environment. To the maximum extent possible, the program will be administered through tribes, tribal housing authorities, or organizations, other tribal or by having tribal officials participate in the applicant selection process. Every effort will be made to use Housing Improvement Program funds in conjunction with other programs so the result will be a greater amount of housing improved than would otherwise be possible with the Housing Improve

ment Program funds alone. In cases where training programs are used in conjunction with the Housing Improvement Program, funds are to be limited to the purchase of materials and providing inspection and skilled labor otherwise unavailable.

§ 261.4 Program categories.

The Housing Improvement Program will provide assistance in the following categories:

(a) Repairs to housing that will remain non-standard. Under this category:

(1) Financial assistance will be granted to finance repairs and additions to existing substandard housing so that it is safe, more sanitary and livable until such time as standard housing is available.

(2) The standard to be applied in deciding whether to provide assistance is improvement in the condition of the house, i.e., improved livability or reduced health and safety hazards even though it may be obvious that such an undertaking will not improve the house to the extent that it will meet the standard of decent, safe and sanitary. Examples of the improvement that may be assisted are: weather tightening, re-roofing, electrical wiring, chimney repairs, foundations, heating, sanitary facilities, painting, additional living and/or sleeping space, and kitchen or bathroom additions in conjunction with Indian Health Service projects.

(3) The cumulative total expenditure of the Housing Improvement Program funds should not exceed $2,500 for any one dwelling.

(4) The funds shall be granted. No restrictions on the use of the home may be imposed. Repairs to homes being rented regardless of ownership may be made but rent cannot be increased as a result of the repair alone and applicants should have a reasonable certainty that they will remain in the house for a reasonable period fol lowing the repairs.

(b) Repairs to housing that will become standard. Under this category. (1) Financial assistance will be granted to finance repairs, renovation and/or enlargement of existing struc

turally sound but deteriorated dwellings which can economically be placed in a standard condition.

(2) Upon completion of work, the dwelling should at least meet the decent, safe and sanitary standards of standard housing as defined in § 261.2(i).

(3) The cumulative total expenditure of the Housing Improvement Program funds should not exceed $20,000 for any one dwelling.

(4) Undertakings under this category are primarily for applicants who are living in their own home. Applicants who rent from Indian owners are eligible on the condition that, prior to the start of the improvement, a written occupancy agreement exists for a minimum of five years. The agreement must provide that rent for the term cannot be raised because of the improvement work. The owner must also agree in writing with the tribe that in the event the agreement is terminated prior to expiration of the term, he will hold the premises vacant for up to six months for a new occupant who meets the eligibility requirements of this Part. Repair of a rental unit occupied by an eligible applicant but owned by a non-member of a Federally recognized Indian tribe (including non-Indians) will not be made unless approved in writing by the Area Director after receiving a written justification from the Superintendent.

(c) Down payments. Under this category:

(1) The Housing Improvement Program provides grants in order to make the applicant eligible to receive housing loans from tribal, Federal or other sources of credit. Grants are only for standard housing. The applicant must establish that he has an inadequate income or limited financial resources to meet the full cost of the loan.

(2) The grant should not exceed the amount necessary to secure the loan plus the closing costs or $5,000, whichever is less. (In the case of Alaska, the grant amount should not exceed $6,000.)

(3) The method of advancing the grant must insure that the funds are used for the purpose intended. No security will be taken or lien made on the house because of the grant.

(d) New housing. Under this category:

(1) The Housing Improvement Program will provide the financing of the construction of new standard housing when it is established that there is no reasonable prospect that standard housing can by financed from sources other than the Housing Improvement Program. This category may not be used if there is an unmet need in the category given in paragraph (b) of this section, unless there is a dire need for assistance under this category and it is justified in writing and approved by the Area Director.

(2) The housing provided under this category must meet the housing standards of this Part 261. Two exceptions to standard housing will be permitted:

(i) Where one or more of the utilities are not available and there is no prospect of the utilities becoming available; and

(ii) In areas of severe climate, house size may be reduced to meet applicable building standards of the region. The house site must be chosen so that access to utilities is most economical, ingress and egress adequate, aesthetics are considered, and proximity to school bus routes are taken into account.

(3) The cumulative total expenditure of funds should not exceed $45,000 for a dwelling and equipment. (In the case of Alaska, the total expenditure of funds should not exceed $55,000.) The occupant will be responsible for all maintenance of the completed dwelling, and all utility fees, deposits or costs required for service. All contractor built houses must contain a oneyear warranty against defects, materials, and workmanship.

(4) The applicant must have ownership (as defined in § 261.2(h)) of the land on which the house is built. In the case of a leasehold interest, it must be for not less than 25 years. Within five years after completion of construction if an owner of a house built on tribal lands desires to move, he must first notify the tribe of his intention. Within 60 days of such notice, the tribe shall have the right to either assume his interest in the house or designate someone to assume his interest. If the tribe takes no action, he

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