25 C.F.R. § 141.3

Definitions

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For the purposes of this part—

(a) Annual percentage rate means the annual percentage rate of finance charge determined in accordance with 12 CFR 226.5, which defines annual percentage rates.

(b) Consumer credit transaction means a grant of credit or a loan that is made by a person regularly engaged in the business of making loans or granting credit primarily for a personal, family, household, or agricultural purpose.

(1) Identifies the person to pay with reasonable certainty;

(2) Is signed by the drawer;

(3) Contains an unconditional order to pay a sum certain in money and no other promise, order, obligation or power given by the drawer;

(4) Is payable on demand or at a definite time; and

(5) Is payable to order.

(d) Finance charge means the cost of credit determined in accordance with 12 CFR 226.4, which defines “finance charge”.

(e) Firm means a corporation or a partnership.

(f) Gross receipts include the following:

(1) All cash received from the conduct and operation of the licensee's business at the premises described in the application for license.

(2) Receipts from both wholesale and retail transactions.

(3) Receipts resulting from transactions concluded off the reservation that originate from the conduct and operation of the licensee's business on the reservation.

(4) The market value of all property taken in trade on the date when received and either held by the licensee for purposes other than resale or credited on any account in payment for merchandise.

(5) Proceeds from the sale of any goods bought from Indians regardless of where the sale takes place.

(6) Finance charge received on loans, but not the return of principal.

(g) Open end credit means consumer credit transactions made on an account by a plan under which:

(1) The creditor may permit the customer to make purchases or obtain loans, from time to time, directly from the creditor or indirectly 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 finance charge may be computed by the creditor from time to time on an outstanding unpaid balance.

(h) Pawnbroker means a person whose business includes lending money secured by personal property deposited with the lender.

(i) Peddler means a person who offers goods for sale within the exterior boundaries of the Hopi, Navajo or Zuni Reservations, but does not do business from a fixed location or site on any of those reservations.

(j) Person includes a natural person, a corporation, trust, estate, partnership, cooperative or association.

(k) Replacement value means the present cost to the owner of replacing an item with one having the same quality and usefulness.

(l) Reservation business means a person that engages at a fixed location or site within the exterior boundaries of the Navajo, Hopi or Zuni Reservations in the sale or purchase of goods or services or in consumer credit transactions with Indians and is not a bank, saving bank, trust company, savings or building and loan association or credit union operating under the laws of the United States or the laws of New Mexico, Arizona or Utah, a business on the Hopi Reservation that is wholly owned and operated by members of the Hopi Tribe, or a business on the Zuni Reservation that is wholly owned and operated by members of the Zuni Tribe.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1980–2021 · leading case: White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980).

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White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980). · cites it 4× “" 25 CFR § 141.3 (a) (3) (1979). The regulations cover a wide variety of matters: for example, they restrict clear-cutting, § 141.”

Ramah Navajo Sch. Bd., Inc. v. Bureau of Revenue of NM, 458 U.S. 832 (1982). · cites it 6× “, at 147 (quoting 25 CFR § 141.3 (a)(3) (1979)). *839 Under these regulations, the BIA was involved in virtually every aspect of the production and marketing of Indian timber.”

United States v. Mitchell, 463 U.S. 206 (1983). · cites it 2× “, at 149 (quoting 25 CFR § 141.3 (a)(3) (1979)). In 1964 Congress amended the timber provisions of the 1910 Act, again emphasizing the Secretary of the Interior's management duties.”

Juan Segundo v. City of Rancho Mirage, a Mun. Corp., Jean Chormicle Kapp v. City of Cathedral City, California, 813 F.2d 1387 (9th Cir. 1987). “§ 406 (a); the detailed set of regulations governing the harvesting and sale of tribal timber, 25 C.F.R. Part 141; and the “overriding federal objective of guaranteeing Indians that they will ‘receive .”

Laguna Indus., Inc. v. New Mexico Taxation & Revenue Dep't, 845 P.2d 167 (N.M. Ct. App. 1992). · cites it 2× “" 25 C.F.R. § 141.3 (1). Clearly, the Interior Department views its authority to issue licenses to "reservation businesses" as deriving from its authority to license "traders.”

Hoopa Valley Tribe v. Nevins, 590 F. Supp. 198 (N.D. Cal. 1984). · cites it 2× “the benefit of whatever profit [the forest] is capable of yielding 25 C.F.R. § 141.3 (a)(3) (1979). Underlying the federal regulatory program rests a policy of assuring that the profits derived from timber sales will inure to the benefit of the Tribe, subject only to…”

White Mountain Apache Tribe v. Williams, 810 F.2d 844 (9th Cir. 1984). “” 25 C.F.R. § 141.3 (a)(3) (1979). Underlying the federal regulatory program rests a policy of assuring that the profits derived from timber sales will inure to the benefit of the Tribe, subject only to administrative expenses incurred by the federal government.”

White Mountain Apache Tribe v. Williams, 798 F.2d 1205 (9th Cir. 1984). “" 25 C.F.R. § 141.3 (a)(3) (1979). Underlying the federal regulatory program rests a policy of assuring that the profits derived from timber sales will inure to the benefit of the Tribe, subject only to administrative expenses incurred by the federal government.”

Confederated Tribes & Bands of the Yakama Nation v. United States (Fed. Cl. 2021). “222–23 (quoting 25 C.F.R. § 141.3 (a)(3)). The specific regulatory provision cited by the Supreme Court in Mitchell II was incorporated almost verbatim into NIFRMA.”

— 25 C.F.R. § 141.3(a)(3) — 1 case

Ramah Navajo Sch. Bd., Inc. v. Bureau of Revenue of NM, 458 U.S. 832 (1982). “, at 147 (quoting 25 CFR § 141.3 (a)(3) (1979)). *839 Under these regulations, the BIA was involved in virtually every aspect of the production and marketing of Indian timber.”

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