§ 763. — Membership roll.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 25USC763]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XXXII-A--PAIUTE INDIANS OF UTAH: RESTORATION OF FEDERAL
SUPERVISION
Sec. 763. Membership roll
(a) Opening; establishment of accuracy
The final membership roll is declared open. The Secretary, the
Interim Council, and tribal officials under the tribal constitution and
bylaws shall take such measures as will insure the continuing accuracy
of the membership roll.
(b) Prerequisites for inclusion
(1) Until after the initial election of tribal officers under the
tribal constitution and bylaws, a person shall be a member of the tribe
and his name shall be placed on the membership roll if he is living and
if--
(A) his name is listed on the final membership roll;
(B) he was entitled on September 1, 1954, to be on the final
membership roll but his name was not listed on that roll;
(C) he is a descendant of a person specified in subparagraph (A)
or (B) and possesses at least one-fourth degree of blood of members
of the tribe or their Paiute Indian ancestors;
(D) his name is listed on the roll established pursuant to the
Act of October 17, 1968 (82 Stat. 1147), for the disposition of
judgment funds, as a member of the Cedar City Band of Paiute
Indians;
(E) he was entitled on October 17, 1968, to be on the judgment
distribution roll as a member of the Cedar City Band as specified in
subparagraph (D) but his name was not listed on that roll; or
(F) he is a descendant of a person specified in subparagraph (D)
or (E) and possesses at least one-fourth degree of blood of members
of the tribe or their Paiute Indian ancestors.
(2) After the initial election of tribal officials under the tribal
constitution and bylaws, the provisions of the tribal constitution and
bylaws shall govern membership in the tribe.
(c) Verification of descendancy, age, and blood; procedures applicable
(1) Before election of the Interim Council, verification of
descendancy, age, and blood shall be made upon oath before the Secretary
and his determination thereon shall be final.
(2) After election of the Interim Council and before the initial
election of the tribal officials, verification of descendancy, age, and
blood shall be made upon oath before the Interim Council, or its
authorized representative. A member of the tribe, with respect to the
inclusion of any name, and any person, with respect to the exclusion of
his name, 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
an appeal under this paragraph shall be final.
(3) After the initial election of tribal officials, the provisions
of the tribal constitution and bylaws shall govern the verification of
any requirements for membership in the tribe, and the Secretary and the
Interim Council shall deliver their records and files, and other
material relating to enrollment matters, to the tribal governing body.
(d) Participation in elections and voting rights
For purposes of section 764 and 765 of this title, 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 and to other tribal
councils.
(Pub. L. 96-227, Sec. 4, Apr. 3, 1980, 94 Stat. 318.)
References in Text
Act of October 17, 1968, referred to in subsec. (b)(1)(D), is Pub.
L. 90-584, Oct. 17, 1968, 82 Stat. 1147, which is not classified to the
Code.
Section Referred to in Other Sections
This section is referred to in sections 761, 764, 765 of this title.
