25 U.S.C. § 711b : US Code - Section 711B: Membership roll

Search 25 U.S.C. § 711b : US Code - Section 711B: Membership roll

(a) Opening; duty of Secretary, Interim Council, and tribal
officials
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 August 13, 1954, to be on the final
membership roll but his name was not listed on that roll; or
(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 Siletz 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; appeal; finality
of determination; possession of enrollment records and materials
(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 any other material relating to enrollment matters,
to the tribal governing body.
(d) Franchisement
For purposes of sections 711c and 711d 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.