§ 712c. — Tribal membership.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC712c]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XXX-B--COW CREEK BAND OF UMPQUA TRIBE OF OREGON
Sec. 712c. Tribal membership
(a) Membership
Until such time as the Secretary of the Interior publishes a tribal
membership roll as mandated in subsection (b) of this section, the
membership of the Cow Creek Band of Umpqua Tribe of Indians shall
consist of all persons listed in the official tribal roll approved on
September 13, 1980, by the tribe's Board of Directors, and their
descendants. Following publication by the Secretary of the tribal
membership roll mandated in subsection (b) of this section, the
membership of the Cow Creek Band of Umpqua Tribe of Indians shall
consist of all persons listed on such roll.
(b) Preparation of membership roll by Secretary; individuals to be
included
Within three hundred and sixty-five days after October 26, 1987, the
Secretary shall prepare in accordance with the regulations contained in
part 61 of title 25 of the Code of Federal Regulations a tribal
membership roll of the Cow Creek Band of Umpqua Tribe of Indians. Such
roll shall include all Cow Creek descendants or other Indian individuals
who were not members of any other federally recognized Indian tribe on
July 30, 1987 and who--
(1) are listed on the tribal roll referred to in subsection (a)
of this section;
(2) are the descendants of any individuals listed pursuant to
paragraph (1) born on or prior to December 29, 1982; or
(3)(A) are the descendants of any individual considered to be a
member of the Cow Creek Band of Umpqua Tribe of Indians for the
purposes of the treaty entered between such Band and the United
States on September 18, 1853; (B) have applied to the Secretary for
inclusion in the roll pursuant to subsection (c) of this section;
and (C) meet the requirements for membership provided in the tribe's
governing documents.
(c) Regulations governing application process
The Secretary shall devise regulations governing the application
process under which individuals may apply to have their names placed on
the tribal roll pursuant to paragraph 3 \1\ of subsection (b) of this
section.
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\1\ So in original. Probably should be paragraph ``(3)''.
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(d) Limitation; tribal discretion; additional requirements
After publication of the roll in the Federal Register, the
membership of the tribe shall be limited to the persons listed on such
roll and their descendants: Provided, That the tribe, at its discretion,
may subsequently grant tribal membership to any individual of Cow Creek
Band of Umpqua ancestry who pursuant to tribal procedures, has applied
for membership in the tribe and has been determined by the tribe to meet
the tribal requirements for membership in the tribe: Provided further,
That nothing in this subchapter shall be interpreted as restricting the
tribe's power to impose additional requirements for future membership in
the tribe upon the adoption of a new constitution or amendments thereto
as provided in section 712b of this title.
(Pub. L. 97-391, Sec. 5, Dec. 29, 1982, 96 Stat. 1961; Pub. L. 100-139,
Sec. 5(a), Oct. 26, 1987, 101 Stat. 826; Pub. L. 100-446, title I, Sept.
27, 1988, 102 Stat. 1794.)
Amendments
1988--Subsec. (b). Pub. L. 100-446 inserted ``Cow Creek descendants
or other'' before ``Indian individuals''.
1987--Pub. L. 100-139 amended section generally. Prior to amendment,
section read as follows:
``(a) Membership in the tribe shall consist of every individual--
``(1) whose name appears on the tribal roll in effect on
December 29, 1982; or
``(2) who is a descendant of any individual described in
paragraph (1).
``(b) Membership in the tribe pursuant to subsection (a) of this
section shall not entitle an individual, who is not otherwise entitled,
to participate in any distribution of funds pursuant to a judgment under
the Act approved May 26, 1980 (94 Stat. 372).''
Section Referred to in Other Sections
This section is referred to in section 712 of this title.
