§ 941e. — Base membership roll.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC941e]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XLIII-A--CATAWBA INDIAN TRIBE OF SOUTH CAROLINA; RESTORATION
OF FEDERAL TRUST RELATIONSHIP
Sec. 941e. Base membership roll
(a) Base membership roll criteria
Within one year after October 27, 1993, the Tribe shall submit to
the Secretary, for approval, its base membership roll. An individual is
eligible for inclusion on the base membership roll if that individual is
living on October 27, 1993, and--
(1) is listed on the membership roll published by the Secretary
in the Federal Register on February 25, 1961 (26 FR 1680-1688,
``Notice of Final Membership Roll''), and is not excluded under the
provisions of subsection (c) of this section;
(2) the Executive Committee determines, based on the criteria
used to compile the roll referred to in paragraph (1), that the
individual should have been included on the membership roll at that
time, but was not; or
(3) is a lineal descendant of a Member whose name appeared or
should have appeared on the membership roll referred to in paragraph
(1).
(b) Base membership roll notice
Within 90 days after October 27, 1993, the Secretary shall publish
in the Federal Register, and in three newspapers of general circulation
in the Tribe's service area, a notice stating--
(1) that a base membership roll is being prepared by the Tribe
and that the current membership roll is open and will remain open
for a period of 90 days;
(2) the requirements for inclusion on the base membership roll;
(3) the final membership roll published by the Secretary in the
Federal Register on February 25, 1961;
(4) the current membership roll as prepared by the Executive
Committee and approved by the General Council; and
(5) the name and address of the tribal or Federal official to
whom inquiries should be made.
(c) Completion of base membership roll
Within 120 days after publication of notice under subsection (b) of
this section, the Secretary, after consultation with the Tribe, shall
prepare and publish in the Federal Register, and in three newspapers of
general circulation in the Tribe's service area, a proposed final base
membership roll of the Tribe. Within 60 days from the date of
publication of the proposed final base membership roll, an appeal may be
filed with the Executive Committee under rules made by the Executive
Committee in consultation with the Secretary. Such an appeal may be
filed by a Member with respect to the inclusion of any name on the
proposed final base membership roll and by any person with respect to
the exclusion of his or her name from the final base membership roll.
The Executive Committee shall review such appeals and render a decision,
subject to the Secretary's approval. If the Executive Committee and the
Secretary disagree, the Secretary's decision will be final. All such
appeals shall be resolved within 90 days following publication of the
proposed roll. The final base membership roll of the Tribe shall then be
published in the Federal Register, and in three newspapers of general
circulation in the Tribe's service area, and shall be final for purposes
of the distribution of funds from the Per Capita Trust Fund established
under section 941i(h) of this title.
(d) Future membership in Tribe
The Tribe shall have the right to determine future membership in the
Tribe; however, in no event may an individual be enrolled as a tribal
member unless the individual is a lineal descendant of a person on the
final base membership roll and has continued to maintain political
relations with the Tribe.
(Pub. L. 103-116, Sec. 7, Oct. 27, 1993, 107 Stat. 1124.)
Section Referred to in Other Sections
This section is referred to in sections 941f, 941i of this title.
