25-U.S.C.-1300L-3
§1300L-3 – §1300L-3. Membership Rolls
Pathway
Title 25 > Chapter 14 > Subchapter LXXXIII > Section 1300l-3
Details
- Reference: Section 1300l-3
- Legend: §1300L-3 – §1300L-3. Membership Rolls
- USCode Year: 2013
Provision Content
(a) Compilation of tribal membership roll
Within 1 year after October 31, 1994, the Secretary shall, after consultation with the Tribe, compile a membership roll of the Tribe.
(b) Criteria for enrollments
(1) Until a tribal constitution is adopted pursuant to section 1300l–5 of this title, an individual shall be placed on the membership roll if the individual is living, is not an enrolled member of another federally recognized Indian tribe, is of United Auburn Indian Community ancestry, possesses at least one-eighth or more of Indian blood quantum, and if—
(A) the individuals name was listed on the Auburn Indian Rancheria distribution roll compiled and approved by the Bureau of Indian Affairs on August 13, 1959, pursuant to Public Law 85–671;
(B) the individual was not listed on, but met the requirements that had to be met to be listed on, the Auburn Indian Rancheria distribution list compiled and approved by the Bureau of Indian Affairs on August 13, 1959, pursuant to Public Law 85–671; or
(C) the individual is a lineal descendant of an individual, living or dead, identified in subparagraph (A) or (B).
(2) After adoption of a tribal constitution pursuant to section 1300l–5 of this title, such tribal constitution shall govern membership in the Tribe, except that in addition to meeting any other criteria imposed in such tribal constitution, any person added to the membership roll shall be of United Auburn Indian Community ancestry and shall not be an enrolled member of another federally recognized Indian tribe.
(c) Conclusive proof of United Auburn Indian Community ancestry
For the purpose of subsection (b) of this section, the Secretary shall accept any available evidence establishing United Auburn Indian Community ancestry. The Secretary shall accept as conclusive evidence of United Auburn Indian Community ancestry information contained in the Auburn Indian Rancheria distribution list compiled by the Bureau of Indian Affairs on August 13, 1959.
(Pub. L. 103–434, title II, §205, Oct. 31, 1994, 108 Stat. 4534.)
References in Text
Public Law 85–671, referred to in subsec. (b)(1)(A), (B), is Pub. L. 85–671, Aug. 18, 1958, 72 Stat. 619, which is not classified to the Code.
U.S. Encyclopedia of Law Coverage
25-U.S.C.-1300J-8 in the Legal Encyclopedia: Indians
In this entry about 25-U.S.C.-1300J-8, find legal reference material, bibliographies and premiere content related to indians in the American Encyclopedia of Law, presenting a comprehensive view of the United States indians-specific issues, written by authorities in the field.
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