Laws: Cases and Codes : U.S. Code : Title 25 : Section 1300m-4


   
U.S. Code as of: 01/19/04
Section 1300m-4. Membership rolls

    (a) Compilation of tribal membership roll
      Within one year after November 2, 1994, the Secretary shall,
    after consultation with the Tribe, compile a membership roll of the
    Tribe.
    (b) Criteria for membership
      (1) Until a tribal constitution is adopted pursuant to section
    1300m-6 of this title, an individual shall be placed on the
    membership roll if such individual is living, is not an enrolled
    member of another federally recognized Indian tribe, is of Nomlaki
    Indian ancestry, and if - 
        (A) such individual's name was listed on the Paskenta Indian
      Rancheria distribution roll compiled on February 26, 1959, by the
      Bureau of Indian Affairs and approved by the Secretary of the
      Interior on July 7, 1959, pursuant to Public Law 85-671;
        (B) such individual was not listed on the Paskenta Indian
      Rancheria distribution list, but met the requirements that had to
      be met to be listed on the Paskenta Indian Rancheria list;
        (C) such individual is identified as an Indian from Paskenta in
      any of the official or unofficial rolls of Indians prepared by
      the Bureau of Indian Affairs; or
        (D) such individual is a lineal descendant of an individual,
      living or dead, identified in subparagraph (A), (B), or (C).

      (2) After adoption of a tribal constitution pursuant to section
    1300m-6 of this title, such tribal constitution shall govern
    membership in the Tribe.
    (c) Conclusive proof of Paskenta Indian ancestry
      For the purpose of subsection (b) of this section, the Secretary
    shall accept any available evidence establishing Paskenta Indian
    ancestry. The Secretary shall accept as conclusive evidence of
    Paskenta Indian ancestry, information contained in the census of
    the Indians in and near Paskenta, prepared by Special Indian Agent
    John J. Terrell, in any other roll or census of Paskenta Indians
    prepared by the Bureau of Indian Affairs, and in the Paskenta
    Indian Rancheria distribution list, compiled by the Bureau of
    Indian Affairs on February 26, 1959.



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