DEPARTMENT OF THE INTERIOR. 
 
 , . OFFICE OF INDIJ^ AFFAIRS.^ 
 
 EMULATIONS FOR APPLICATIONS FOR TRIBAL FUNDS UNDER 
 ^^^<ACT OF MARCH 2;T^07 (34 STAT. L., 1221), AS AMENDED BY 
 INDIAN APPROPRIATION ACT APPROVED MAY 18, 1916 (PUB. 
 NO. 80). 
 
 The act of March 2, 1907 (34 Stat. L., 1221), reads in part as 
 follows : 
 
 That the Secretary of the Interior is hereby authorized, in his discretion, 
 from time to time, to designate any individual Indian belonging to any tribe or 
 rribes' whom he may deem to be capable of managing his or her affairs, and 
 lie may cause to be apportioned and allotted to any such Indian his or her 
 pro rata share of any tribal or trust funds on deposit in the Treasury of the 
 United States to the credit of the tribe or tribes of which said Indian is a mem- 
 ber, and the amount so apportioned and allotted shall be placed to the credit 
 of suc-h Indian upon the books of the Treasury, and the same shall theretipon 
 be subject to the order of such Indian : Provided, That no apportionment or 
 allotment shall be made to any Indian until such Indian has first made an 
 application therefor. * * * 
 
 The amendment to section 2 of the above act by the Indian appro- 
 priation act of May 18, 1916 (Public, No. 80), reads as follows: 
 
 That the pro rata share of any Indian who is mentally or physically incapable 
 of managing his or her own affairs may be withdrawn from the Treasury, in 
 the discretion of the Secretary of the Interior, and expended for the benefit of 
 such Indian under such rules, regulations, and conditions as the said Secretary 
 may prescribe: Provided, That said funds of any Indian shall not be with- 
 tlrawn from the Treasury until needed by the Indian and upon his application 
 and when approved by the Secretary of the Interior. 
 
 In order to put into effect the provisions of the aforesaid acts the 
 following rules and regulations are hereby set forth: 
 
 I. COMPETENT INDIANS. 
 
 A. Fee-simple patentees. — When the applicant has been granted a 
 patent in fee. that fact will be accepted as prima facie evidence of 
 his competency, but in forwarding applications of this class the 
 agent will give the date oh which the patent was issued, report 
 whether in his judgment the patentee has made proper use of his 
 privileges and would make good use of his share of the tribal funds 
 if paid to him, and make a specific recommendation for approval or 
 disapproval of the application. 
 
 B. " Honor-roll " Indians. — The fact that an applicant's name is 
 on the •• honor roll" (he having been given the right to handle the 
 funds of his minor children) will be accepted as prima facie evidence 
 of his competency, but in forwarding applications of this class the. 
 
 55660°— 16 
 
-7Z -275^2^ 
 
 S) 
 
 Cr^ 2 
 
 i 
 
 agent will give the date of the recommendation for placing the ap- 
 plicant's name on the "honor roll," report whether in his judgment 
 the applicant has made proper use of the funds placed in his hands 
 and would make good use of his share of the tribal funds if paid to 
 him, and make a specific recommendation for the approval or dis- 
 approval of the application. 
 
 C. Applicants who are neither fee-simple patentees nor " honor- 
 rolV Indians. — In the case of an applicant other than a fee-simple 
 patentee or " honor-roll " Indian the application must be accompanied 
 by evidence that will establish the fact that the applicant is capable 
 of managing his own affairs. In forwarding applications of this 
 class the agent will report fully as follows: 
 
 1. Is the applicant living on his allotment; if so, is he making 
 reasonable efforts to cultivate his land and to support himself and 
 family ? If he is not living on his allotment, what is his occupation ? 
 
 2. Is any part of his allotment leased; if so, to what extent does 
 he depend upon the rent therefrom to support himself and family? 
 
 3. Has the applicant been given the privilege of leasing his own 
 lands; and if so, with what result? 
 
 4. Has he an interest in any inherited land? If he has sold or 
 leased any inherited land, how has he managed the proceeds? 
 
 5. Is the applicant of good moral character ? 
 
 6. Is he addicted to the use of intoxicants; and if so, does this habit, 
 in the judgment of the agent, unfit him to make proper use of his 
 share of the tribal funds? 
 
 7. What is his physical condition? 
 
 8. Is the applicant in debt; if so, to what extent and for what 
 purpose was the debt incurred ? 
 
 9. Has the applicant the necessary business qualifications to enable 
 him to manage his own affairs? 
 
 10. (jive such other information concerning the applicant as will 
 aid the office in determining his competency. 
 
 11. Make a specific recommendation for the approval or disap- 
 proval of the application. 
 
 II. APPLICANTS WHO ARE MENTALLY OR PHYSICALLY INCA- 
 PABLE OF MANAGING THEIR AFFAIRS. 
 
 Applications of this class must be accompanied by evidence tliat 
 will establish the advisability of withdrawing the share, and if the 
 apportionment is made the funds will be deposited to the credit of 
 the Indian and handled as individual Indian mone}-. 
 
 In forwarding applications the agent will report ixiWy as follows: 
 
 1. Sex and exact date of birth. 
 
 2. Identify the applicant by allotment and last annuity roll 
 numbers. 
 
 3. What is the actual physical condition of the applicant ? If suffer- 
 ing from disease submit certificate of physician if necessary to estab- 
 lish disability. 
 
 4. What is the actual mental condition of the applicant ? Answer 
 fully. 
 
 5. What are material resources of applicant? 
 
 6. What advantages will accrue to applicant by withdrawal of his 
 or her share at this time? 
 

 7. Has it been explained to the applicant and does he understand 
 that if the application is approved the funds will be deposited to 
 his credit as individual Indian money to be expended imder the 
 supervision of the agent? 
 
 8. iSIake a specific recommendation for the approval or disap- 
 proval of the application. 
 
 III. IN GENERAL. 
 
 A. Each application must be submitted on the form prescribed 
 and furnished by the department, and transmitted with a separate 
 report in duplicate. 
 
 13. The aid of an attorney is unnecessary. 
 
 C. On Xovember 6, 1908, the Secretary of the Interior decided, 
 in effect, that the interest of an Indian in a pro rata share of a tribal 
 fund does not vest in the Indian as inheritable property until after 
 his application has been approved by the Secretary and an order 
 siomed by him segregating it from the tribal fund. Applications 
 for shares of funds imder this act may be made at any time, but 
 in view of the Secretary's decision such applications should be for- 
 warded to the Indian Office by the agent or superintendent as soon as 
 they are completed and filed with him. Applications from those 
 who are blind, decrepit, etc., must be made sp)ecial by the agent and 
 forwarded to the Indian Office as soon as possible. 
 
 D. In estimating the pro rata share of an individual, the last an- 
 nuity pay roll' prior to July 1 or January 1 of each year will be 
 takeii as the basis of distribution. Where no payment has been matle 
 within one year, the last census, if taken within the year, will be 
 the basis. If no census has been taken or pajnnent made within a 
 year, the last available record — either census or annuity roll — will 
 be used. 
 
 E. In the event of the death of an applicant prior to the approval 
 of his application by the Secretary the share to which he would be 
 entitled, if living, will revert to the tribe. In case of the death of 
 an applicant after approval of his application, and the signing of 
 an order for the segregation of his share, but before payment is 
 made, his share will descend to his legal heirs. Agents will make 
 prompt report of the death of any individual whose application has 
 been submitted, such report to be accompanied by a proper affidavit 
 of heirship in accordance with Circular No. 588 as amended. 
 
 F. As the act provides that the Secretary shall designate individ- 
 uals as capable, the children of capable individuals shall not be in- 
 cluded with parents in applications. The shares of minor Indians 
 will be i^aid to natural guardians or persons having care or custodj^ 
 of siich minors cnh^ when the funds are necessary for the proper 
 maintenance or education of such minors. For the purposes of these 
 regulations the age at which an Indian attains his majority will be 
 governed by the laws of the State or Territory in which he resides. 
 
 E. B. Meritt, 
 Assistant C ommissioner. 
 Approved, August 2, 1916. 
 
 Bo Sweeney, 
 Assistant Secretary. 
 
 WASHINGTON : GOVERNMENT PRINTING OFFICE : 1916 
 
7 DAY USE 
 
 RETURN TO DESK FROM WHICH BORROWED 
 
 Documents Dept 
 
 This publication is due on the LAST DATF 
 stamped below. 
 
 
 RB 17-60to-6,'59 
 (A2840sl0)4188 
 
 .General Library 
 
 UmvetsityofCaJifornia 
 
 Berkeley 
 

 GENERAL LIBRARY - U.C. BERKELEY 
 
 BDDDT77E2D