§ 713e. — Membership rolls; voting rights of member.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC713e]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XXX-C--CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY OF
OREGON
Sec. 713e. Membership rolls; voting rights of member
(a) Membership roll established and opened
The membership roll of the tribe is established and open.
(b) Criteria governing eligibility
(1) Until the first election of the tribal governing body is held
pursuant to section 713d(d) of this title, any living individual may be
enrolled on the membership roll of the tribe if--
(A) that individual's name was listed on the final membership
roll of the tribe published on April 6, 1956, in volume 20, number
101, Federal Register, pages 3636 through 3642;
(B) that individual was entitled to be on the membership roll of
the tribe on August 13, 1954, but was not listed; or
(C) that individual is a descendant of an individual, living or
dead, described in subparagraph (A) or (B) and possesses at least
one-fourth degree of blood of members of the tribe, living or dead,
or individuals who are or would have been eligible to be members
under this paragraph.
(2) After the first election of the tribal governing body is held
pursuant to section 713d(d) of this title, the provisions of the
constitution and bylaws adopted in accordance with section 713d(a) of
this title shall govern membership in the tribe.
(c) Procedures for verification of eligibility
(1) Before the election of the members of the Interim Council is
held pursuant to section 713c(b) of this title, verification of (A)
descendancy, for purposes of enrollment, and (B) age, for purposes of
voting rights under subsection (d) of this section, shall be made upon
oath before the Secretary whose determination thereon shall be final.
(2) After the election of the members of the Interim Council is held
pursuant to section 713c(b) of this title, but before the first election
of the members of the tribal governing body is held pursuant to section
713d(d) of this title, the verification of descendancy and age shall be
made upon oath before the Interim Council, or its authorized
representative. An individual may appeal the exclusion of his name from
the membership roll of the tribe to the Secretary, who shall make a
final determination of each such appeal within ninety days after such an
appeal has been filed with him. The determination of the Secretary with
respect to such an appeal shall be final.
(3) After the first election of the members of the tribal governing
body is held pursuant to section 713d(d) of this title, the provisions
of the constitution and bylaws adopted in accordance with section
713d(a) of this title shall govern the verification of any requirements
for membership in the tribe. The Interim Council and the Secretary shall
deliver their records and files and any other material relating to the
enrollment of tribal members to such tribal governing body.
(4) Not less than sixty days before the election under section
713d(a) of this title, the Secretary shall publish in the Federal
Register a certified copy of the membership roll of the tribe as of the
date of such publication. Such membership roll shall include the names
of all individuals who were enrolled by the Secretary, either directly
under paragraph (1) or pursuant to an appeal under paragraph (2), and by
the Interim Council under paragraph (2).
(d) Voting rights of member
Each member who is eighteen years of age or older shall be eligible
to attend, participate in, and vote at each general council meeting.
Each such member may nominate candidates for any office, run for any
office, and vote in any election of members to the Interim Council and
to such other tribal governing body as may be established under the
constitution and bylaws adopted in accordance with section 713d of this
title.
(Pub. L. 98-165, Sec. 7, Nov. 22, 1983, 97 Stat. 1067.)
Section Referred to in Other Sections
This section is referred to in sections 713, 713a, 713c, 713d of
this title.
