§ 1300m-4. — Membership rolls.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1300m-4]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER LXXXIV--PASKENTA BAND OF NOMLAKI INDIANS OF CALIFORNIA
Sec. 1300m-4. Membership rolls
(a) Compilation of tribal membership roll
Within one year after November 2, 1994, the Secretary shall, after
consultation with the Tribe, compile a membership roll of the Tribe.
(b) Criteria for membership
(1) Until a tribal constitution is adopted pursuant to section
1300m-6 of this title, an individual shall be placed on the membership
roll if such individual is living, is not an enrolled member of another
federally recognized Indian tribe, is of Nomlaki Indian ancestry, and
if--
(A) such individual's name was listed on the Paskenta Indian
Rancheria distribution roll compiled on February 26, 1959, by the
Bureau of Indian Affairs and approved by the Secretary of the
Interior on July 7, 1959, pursuant to Public Law 85-671;
(B) such individual was not listed on the Paskenta Indian
Rancheria distribution list, but met the requirements that had to be
met to be listed on the Paskenta Indian Rancheria list;
(C) such individual is identified as an Indian from Paskenta in
any of the official or unofficial rolls of Indians prepared by the
Bureau of Indian Affairs; or
(D) such individual is a lineal descendant of an individual,
living or dead, identified in subparagraph (A), (B), or (C).
(2) After adoption of a tribal constitution pursuant to section
1300m-6 of this title, such tribal constitution shall govern membership
in the Tribe.
(c) Conclusive proof of Paskenta Indian ancestry
For the purpose of subsection (b) of this section, the Secretary
shall accept any available evidence establishing Paskenta Indian
ancestry. The Secretary shall accept as conclusive evidence of Paskenta
Indian ancestry, information contained in the census of the Indians in
and near Paskenta, prepared by Special Indian Agent John J. Terrell, in
any other roll or census of Paskenta Indians prepared by the Bureau of
Indian Affairs, and in the Paskenta Indian Rancheria distribution list,
compiled by the Bureau of Indian Affairs on February 26, 1959.
(Pub. L. 103-454, title III, Sec. 306, Nov. 2, 1994, 108 Stat. 4794.)
References in Text
Public Law 85-671, referred to in subsec. (b)(1)(A), is Pub. L. 85-
671, Aug. 18, 1958, 72 Stat. 619, which is not classified to the Code.
Section Referred to in Other Sections
This section is referred to in sections 1300m, 1300m-5, 1300m-6 of
this title.
