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U.S. Code as of:
01/19/04
Section 712c. Tribal membership
(a) Membership
Until such time as the Secretary of the Interior publishes a
tribal membership roll as mandated in subsection (b) of this
section, the membership of the Cow Creek Band of Umpqua Tribe of
Indians shall consist of all persons listed in the official tribal
roll approved on September 13, 1980, by the tribe's Board of
Directors, and their descendants. Following publication by the
Secretary of the tribal membership roll mandated in subsection (b)
of this section, the membership of the Cow Creek Band of Umpqua
Tribe of Indians shall consist of all persons listed on such roll.
(b) Preparation of membership roll by Secretary; individuals to be
included
Within three hundred and sixty-five days after October 26, 1987,
the Secretary shall prepare in accordance with the regulations
contained in part 61 of title 25 of the Code of Federal Regulations
a tribal membership roll of the Cow Creek Band of Umpqua Tribe of
Indians. Such roll shall include all Cow Creek descendants or other
Indian individuals who were not members of any other federally
recognized Indian tribe on July 30, 1987 and who -
(1) are listed on the tribal roll referred to in subsection (a)
of this section;
(2) are the descendants of any individuals listed pursuant to
paragraph (1) born on or prior to December 29, 1982; or
(3)(A) are the descendants of any individual considered to be a
member of the Cow Creek Band of Umpqua Tribe of Indians for the
purposes of the treaty entered between such Band and the United
States on September 18, 1853; (B) have applied to the Secretary
for inclusion in the roll pursuant to subsection (c) of this
section; and (C) meet the requirements for membership provided in
the tribe's governing documents.
(c) Regulations governing application process
The Secretary shall devise regulations governing the application
process under which individuals may apply to have their names
placed on the tribal roll pursuant to paragraph 3 (!1) of
subsection (b) of this section.
(d) Limitation; tribal discretion; additional requirements
After publication of the roll in the Federal Register, the
membership of the tribe shall be limited to the persons listed on
such roll and their descendants: Provided, That the tribe, at its
discretion, may subsequently grant tribal membership to any
individual of Cow Creek Band of Umpqua ancestry who pursuant to
tribal procedures, has applied for membership in the tribe and has
been determined by the tribe to meet the tribal requirements for
membership in the tribe: Provided further, That nothing in this
subchapter shall be interpreted as restricting the tribe's power to
impose additional requirements for future membership in the tribe
upon the adoption of a new constitution or amendments thereto as
provided in section 712b of this title.
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