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


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

    (a) Compilation of tribal membership roll
      Not later than 1 year after December 27, 2000, 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 under section 1300n-6
    of this title, an individual shall be placed on the Graton
    membership roll if such individual is living, is not an enrolled
    member of another federally recognized Indian tribe, and if - 
        (A) such individual's name was listed on the Graton Indian
      Rancheria distribution list compiled by the Bureau of Indian
      Affairs and approved by the Secretary on September 17, 1959,
      under Public Law 85-671;
        (B) such individual was not listed on the Graton Indian
      Rancheria distribution list, but met the requirements that had to
      be met to be listed on the Graton Indian Rancheria distribution
      list;
        (C) such individual is identified as an Indian from the Graton,
      Marshall, Bodega, Tomales, or Sebastopol, California, vicinities,
      in documents prepared by or at the direction of the Bureau of
      Indian Affairs, or in any other public or California mission
      records; 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 under section 1300n-6
    of this title, such tribal constitution shall govern membership in
    the Tribe.
    (c) Conclusive proof of Graton Indian ancestry
      For the purpose of subsection (b) of this section, the Secretary
    shall accept any available evidence establishing Graton Indian
    ancestry. The Secretary shall accept as conclusive evidence of
    Graton Indian ancestry information contained in the census of the
    Indians from the Graton, Marshall, Bodega, Tomales, or Sebastopol,
    California, vicinities, prepared by or at the direction of Special
    Indian Agent John J. Terrell in any other roll or census of Graton
    Indians prepared by or at the direction of the Bureau of Indian
    Affairs and in the Graton Indian Rancheria distribution list
    compiled by the Bureau of Indian Affairs and approved by the
    Secretary on September 17, 1959.



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