Laws: Cases and Codes : U.S. Code : Title 25 : Section 983e


   
U.S. Code as of: 01/19/04
Section 983e. Membership roll

    (a) Accuracy pending adoption of tribal constitution
      Until a tribal constitution is adopted in accordance with section
    983f of this title, the Interim Council shall take such measures as
    will insure the continuing accuracy of the membership roll of the
    Tribe.
    (b) Eligibility pending adoption of tribal constitution; appeal of
      exclusion
      (1) Until a tribal constitution is adopted in accordance with
    section 983f of this title, an individual shall be eligible for
    membership in the Tribe, and the name of the individual shall be
    placed on the membership roll of the Tribe, if - 
        (A) the individual is living and is not an enrolled member of
      another Indian tribe that is recognized by the Federal
      Government, and
        (B) the individual - 
          (i) was listed on the tribal membership roll of June 18,
        1965, that was compiled by the Bureau of Indian Affairs,
          (ii) notwithstanding the application or appeal deadline
        dates, was entitled to be listed on the membership roll of June
        18, 1965, that was compiled by the Bureau of Indian Affairs,
        but was not listed, or
          (iii) is a lineal descendant of an individual, living or
        deceased, who is described in clause (i) or (ii).

      (2) Any individual who is excluded from the membership roll of
    the Tribe by the Interim Council may appeal to the Secretary for a
    determination of the eligibility of the individual for membership
    in the Tribe. Such determination by the Secretary shall be final.
    The Interim Council shall include on the membership roll any such
    individual that the Secretary determines in such an appeal to be
    eligible for membership in the Tribe.
    (c) Constitution as governing
      After adoption of a tribal constitution in accordance with
    section 983f of this title, the constitution of the Tribe shall
    govern membership in the Tribe.



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