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U.S. Code as of:
01/19/04
Section 903b. Menominee Restoration Committee
(a) Nomination and election of members; time and procedure; ballot
requirements; approval by Secretary; powers of Committee
Within fifteen days after December 22, 1973, the Secretary shall
announce the date of a general council meeting of the tribe to
nominate candidates for election to the Menominee Restoration
Committee. Such general council meeting shall be held within thirty
days of December 22, 1973. Within forty-five days of the general
council meeting provided for herein, the Secretary shall hold an
election by secret ballot, absentee balloting to be permitted, to
elect the membership of the Menominee Restoration Committee from
among the nominees submitted to him from the general council
meeting provided for herein. The ballots shall provide for write-in
votes. The Secretary shall approve the Menominee Restoration
Committee elected pursuant to this section if he is satisfied that
the requirements of this section relating to the nominating and
election process have been met. The Menominee Restoration Committee
shall represent the Menominee people in the implementation of this
subchapter and shall have no powers other than those given to it in
accordance with this subchapter. The Menominee Restoration
Committee shall have no power or authority under this subchapter
after the time which the duly-elected tribal governing body takes
office: Provided, however, That this provision shall in no way
invalidate or affect grants or contracts made pursuant to the
provisions of section 903a(e) of this title.
(b) Eligible voters; notice by Secretary of nominating meeting and
election
In the absence of a completed tribal roll prepared pursuant to
subsection (c) of this section and solely for the purposes of the
general council meeting and the election provided for in subsection
(a) of this section, all living persons on the final roll of the
tribe published under section 893 (!1) of this title, and all
descendants, who are at least eighteen years of age and who possess
at least one-quarter degree of Menominee Indian blood, of persons
on such roll shall be entitled to attend, participate, and vote at
such general council meeting and such election. Verification of
descendancy, age, and blood quantum shall be made upon oath before
the Secretary or his authorized representative and his
determination thereon shall be conclusive and final. The Secretary
shall assure that adequate notice of such meeting and election
shall be provided eligible voters.
(c) Membership roll; opening; revision procedure; prerequisites for
inclusion; possession and maintenance of enrollment records and
materials; appeal; finality of determination
The membership roll of the tribe which was closed as of June 17,
1954, is hereby declared open. The Secretary, under contract with
the Menominee Restoration Committee, shall proceed to make current
the roll in accordance with the terms of this subchapter. The names
of all enrollees who are deceased as of December 22, 1973, shall be
stricken. The names of any descendants of an enrollee shall be
added to the roll provided such descendant possesses at least
one-quarter degree Menominee Indian blood. Upon installation of
elected constitutional officers of the tribe, the Secretary and the
Menominee Restoration Committee shall deliver their records, files,
and any other material relating to enrollment matters to the tribal
governing body. All further work in bringing and maintaining
current the tribal roll shall be performed in such manner as may be
prescribed in accordance with the tribal governing documents. Until
responsibility for the tribal roll is assumed by the tribal
governing body, appeals from the omission or inclusion of any name
upon the tribal roll shall lie with the Secretary and his
determination thereon shall be final. The Secretary shall make the
final determination of each such appeal within ninety days after an
appeal is initiated.
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