§ 714b. — 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: 25USC714b]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XXX-D--CONFEDERATED TRIBES OF COOS, LOWER UMPQUA, AND SIUSLAW
INDIANS: RESTORATION OF FEDERAL SUPERVISION
Sec. 714b. Membership rolls
(a) Opening; duty of Interim Council and tribal officials
The membership roll is declared open. The Interim Council and tribal
officials under the Tribe's constitution and bylaws shall take such
measures as will insure the continuing accuracy of the membership roll.
(b) Criteria for enrollment
(1) Until a tribal constitution and bylaws are adopted, a person
shall be a member of the Tribe and his name shall be placed on the
membership roll if the individual is living and if--
(a) that individual's name was listed on the Tribe's Census Roll
of 1940;
(b) that individual was entitled to be listed on the Tribe's
Census Roll of January 1, 1940 but was not so listed. Any person
placed on the membership roll must be listed on the January 1, 1940
Census Roll of the Grand Ronde-Siletz Indian Agency of
nonreservation Indians as Coos, Lower Umpqua, or Siuslaw, be a
descendant of such a person, or be a descendant of public domain
allotee \1\ of Western Oregon who was a member of one of these three
tribes.
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\1\ So in original. Probably should be ``allottee''.
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(c) that individual is a direct lineal descendant of an
individual, living or dead, identified by subparagraph (a) or (b);
and
(d) that individual or the lineal ancestor through whom he
qualifies for membership under subparagraph (c) has never been an
enrolled member of, or qualified for the payment of any money for
the taking of land or otherwise through, any other Indian tribe,
either federally recognized or acknowledged or not federally
recognized or acknowledged.
(2) Until a tribal constitution and bylaws are adopted, a person
shall be eligible for membership if the individual is living and meets
the criteria established in subsections (b)(1)(a), (b) and (c) of this
section. Such individual may submit an application for enrollment to the
Interim Council for consideration and decision and the Interim Council
shall place on the roll the name of all individuals who submitted an
application and are meeting the criteria established under subsections
(b)(1)(a), (b) and (c) of this section: Provided, That the Interim
Council may reject the application of any person who is found to be a
member or who is claiming membership in another Indian tribe. Nothing in
this subchapter shall bar unsuccessful applicants for enrollment before
the Interim Council from submitting an application for enrollment to the
Tribe after the adoption of a tribal constitution and bylaws.
(3) After the adoption of a tribal constitution and bylaws, those
documents shall govern membership in the Tribe.
(c) Verification of eligibility for enrollment; appeal; finality of
determination; possession of enrollment records and materials
(1) Prior to any election pursuant to section 714d of this title,
the Interim Council shall verify by tribal resolution the eligibility
for enrollment and age of each member listed on the Tribe's membership
roll, which resolution shall be forwarded to the Secretary.
(2) With regard to the exclusion of any name from the tribal
membership roll, any member may appeal to the Secretary, who shall make
a final determination of each such appeal within ninety days after an
appeal has been filed with him. The determination of the Secretary with
respect to such an appeal shall be final.
(d) Franchisement
A member who is eighteen years of age or older is entitled and
eligible to be given notice of, attend, participate in, and vote at,
general council meetings and to nominate candidates for, to run for any
office in, and to vote in elections of members to the interim council
\2\ and to other tribal councils.
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\2\ So in original. Probably should be ``Interim Council''.
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(Pub. L. 98-481, Sec. 4, Oct. 17, 1984, 98 Stat. 2251.)
Section Referred to in Other Sections
This section is referred to in sections 714, 714d of this title.
