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U.S. Code as of:
01/19/04
Section 763. Membership roll
(a) Opening; establishment of accuracy
The final membership roll is declared open. The Secretary, the
Interim Council, and tribal officials under the tribal constitution
and bylaws shall take such measures as will insure the continuing
accuracy of the membership roll.
(b) Prerequisites for inclusion
(1) Until after the initial election of tribal officers under the
tribal constitution and bylaws, a person shall be a member of the
tribe and his name shall be placed on the membership roll if he is
living and if -
(A) his name is listed on the final membership roll;
(B) he was entitled on September 1, 1954, to be on the final
membership roll but his name was not listed on that roll;
(C) he is a descendant of a person specified in subparagraph
(A) or (B) and possesses at least one-fourth degree of blood of
members of the tribe or their Paiute Indian ancestors;
(D) his name is listed on the roll established pursuant to the
Act of October 17, 1968 (82 Stat. 1147), for the disposition of
judgment funds, as a member of the Cedar City Band of Paiute
Indians;
(E) he was entitled on October 17, 1968, to be on the judgment
distribution roll as a member of the Cedar City Band as specified
in subparagraph (D) but his name was not listed on that roll; or
(F) he is a descendant of a person specified in subparagraph
(D) or (E) and possesses at least one-fourth degree of blood of
members of the tribe or their Paiute Indian ancestors.
(2) After the initial election of tribal officials under the
tribal constitution and bylaws, the provisions of the tribal
constitution and bylaws shall govern membership in the tribe.
(c) Verification of descendancy, age, and blood; procedures
applicable
(1) Before election of the Interim Council, verification of
descendancy, age, and blood shall be made upon oath before the
Secretary and his determination thereon shall be final.
(2) After election of the Interim Council and before the initial
election of the tribal officials, verification of descendancy, age,
and blood shall be made upon oath before the Interim Council, or
its authorized representative. A member of the tribe, with respect
to the inclusion of any name, and any person, with respect to the
exclusion of his name, 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 an appeal under this paragraph shall be
final.
(3) After the initial election of tribal officials, the
provisions of the tribal constitution and bylaws shall govern the
verification of any requirements for membership in the tribe, and
the Secretary and the Interim Council shall deliver their records
and files, and other material relating to enrollment matters, to
the tribal governing body.
(d) Participation in elections and voting rights
For purposes of section 764 and 765 of this title, 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 and to other tribal councils.
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