§ 657. — Revision of roll of Indians.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC657]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XXV--INDIANS OF CALIFORNIA
Sec. 657. Revision of roll of Indians
The Secretary of the Interior, under such regulations as he may
prescribe, is authorized and directed to revise the roll of the Indians
of California, as defined in section 651 of this title, which was
approved by him on May 16, 1933, in the following particulars: (a) By
adding to said roll the names of persons who filed applications for
enrollment as Indians of California on or before May 18, 1932, and who,
although determined to be descendants of the Indians residing in the
State of California on June 1, 1852, were denied enrollment solely on
the ground that they were not living in the State of California on May
18, 1928, and who were alive on May 24, 1950; (b) by adding to said roll
the names of persons who are descendants of the Indians residing in the
State of California on June 1, 1852, and who are the fathers, mothers,
brothers, sisters, uncles, or aunts of persons whose names appear on
said roll, and who were alive on May 24, 1950, irrespective of whether
such fathers, mothers, brothers, sisters, uncles, or aunts were living
in the State of California on May 18, 1928; (c) by adding to said roll
the names of persons born since May 18, 1928, and living on May 24,
1950, who are the children or other descendants of persons whose names
appear on said roll, or of persons whose names are eligible for addition
to said roll under clauses (a) or (b) of this section, or of persons
dying prior to May 24, 1950, whose names would have been eligible for
addition to said roll under clauses (a) or (b) of this section if such
persons had been alive on May 24, 1950; and (d) by removing from said
roll the names of persons who have died since May 18, 1928, and prior to
May 24, 1950. Persons entitled to enrollment under clause (a) of this
section shall be enrolled by the Secretary of the Interior without
further application. Persons claiming to be entitled to enrollment under
clauses (b) or (c) of this section shall, within one year after May 24,
1950, make an application in writing to the Secretary of the Interior
for enrollment, unless they have previously filed such an application
under this section. For the purposes of clause (d) of this section, when
the Secretary of the Interior is satisfied that reasonable and diligent
efforts have been made to locate a person whose name is on said roll and
that such person cannot be located, he may presume that such person died
prior to May 24, 1950, and his presumption shall be conclusive. The
Secretary of the Interior shall prepare not less than five hundred
copies of an alphabetical list of the Indians of California whose names
appear on the roll approved on May 16, 1933, giving the name, address,
and age at time of enrollment of each such enrollee, together with such
other factual information, if any, as the Secretary may deem advisable
as tending to identify each enrollee, and shall distribute copies of
this list to the various communities of California Indians. The Indians
of California in each community may elect a committee of three enrollees
who may aid the enrolling agent in any matters relating to the revision
of said roll. After the expiration of the period allowed by this section
for filing applications, the Secretary of the Interior shall have until
June 30, 1955, to approve and promulgate the revised roll of the Indians
of California provided for in this section. Upon such approval and
promulgation, the roll shall be closed and thereafter no additional
names shall be added thereto.
(May 18, 1928, ch. 624, Sec. 7, 45 Stat. 603; Apr. 29, 1930, ch. 222, 46
Stat. 259; June 30, 1948, ch. 765, Sec. 1, 62 Stat. 1166; May 24, 1950,
ch. 196, Sec. 1, 64 Stat. 189; June 8, 1954, ch. 271, Sec. 1, 68 Stat.
240.)
Amendments
1954--Act June 8, 1954, inserted sentence providing for presumption
of death, for purposes of cl. (d), after failure to locate, and extended
to June 30, 1955, time for approving and promulgating revised roll.
1950--Act May 24, 1950, permitted revision of roll to include
certain classes of Indians not previously eligible for inclusion.
1948--Act June 30, 1948, amended section generally to permit
Secretary of the Interior to revise roll of Indians.
1930--Act Apr. 29, 1930, increased time within which an Indian could
make application to be enrolled, and increased time within which
Secretary of the Interior could alter and revise roll.
Appropriations
Section 2 of act June 30, 1948, authorized $25,000 for the Secretary
of the Interior to be used to defray the expense incurred in revising
the roll as provided for in this section.
Section Referred to in Other Sections
This section is referred to in section 658 of this title.
