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U.S. Code as of:
01/19/04
Section 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.
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