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U.S. Code as of:
01/19/04
Section 714b. Membership rolls
(a) Opening; duty of Interim Council and tribal officials
The membership roll is declared open. The Interim Council and
tribal officials under the Tribe's constitution and bylaws shall
take such measures as will insure the continuing accuracy of the
membership roll.
(b) Criteria for enrollment
(1) Until a tribal constitution and bylaws are adopted, a person
shall be a member of the Tribe and his name shall be placed on the
membership roll if the individual is living and if -
(a) that individual's name was listed on the Tribe's Census
Roll of 1940;
(b) that individual was entitled to be listed on the Tribe's
Census Roll of January 1, 1940 but was not so listed. Any person
placed on the membership roll must be listed on the January 1,
1940 Census Roll of the Grand Ronde-Siletz Indian Agency of
nonreservation Indians as Coos, Lower Umpqua, or Siuslaw, be a
descendant of such a person, or be a descendant of public domain
allotee (!1) of Western Oregon who was a member of one of these
three tribes.
(c) that individual is a direct lineal descendant of an
individual, living or dead, identified by subparagraph (a) or
(b); and
(d) that individual or the lineal ancestor through whom he
qualifies for membership under subparagraph (c) has never been an
enrolled member of, or qualified for the payment of any money for
the taking of land or otherwise through, any other Indian tribe,
either federally recognized or acknowledged or not federally
recognized or acknowledged.
(2) Until a tribal constitution and bylaws are adopted, a person
shall be eligible for membership if the individual is living and
meets the criteria established in subsections (b)(1)(a), (b) and
(c) of this section. Such individual may submit an application for
enrollment to the Interim Council for consideration and decision
and the Interim Council shall place on the roll the name of all
individuals who submitted an application and are meeting the
criteria established under subsections (b)(1)(a), (b) and (c) of
this section: Provided, That the Interim Council may reject the
application of any person who is found to be a member or who is
claiming membership in another Indian tribe. Nothing in this
subchapter shall bar unsuccessful applicants for enrollment before
the Interim Council from submitting an application for enrollment
to the Tribe after the adoption of a tribal constitution and
bylaws.
(3) After the adoption of a tribal constitution and bylaws, those
documents shall govern membership in the Tribe.
(c) Verification of eligibility for enrollment; appeal; finality of
determination; possession of enrollment records and materials
(1) Prior to any election pursuant to section 714d of this title,
the Interim Council shall verify by tribal resolution the
eligibility for enrollment and age of each member listed on the
Tribe's membership roll, which resolution shall be forwarded to the
Secretary.
(2) With regard to the exclusion of any name from the tribal
membership roll, any member may appeal to the Secretary, who shall
make a final determination of each such appeal within ninety days
after an appeal has been filed with him. The determination of the
Secretary with respect to such an appeal shall be final.
(d) Franchisement
A member who is eighteen years of age or older is entitled and
eligible to be given notice of, attend, participate in, and vote
at, general council meetings and to nominate candidates for, to run
for any office in, and to vote in elections of members to the
interim council (!2) and to other tribal councils.
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