Page 229 TITLE 25—INDIANS § 607

(d) All children of one-fourth or more blood of

the Yakima Tribes born after August 9, 1946, to

a parent who is an enrolled member and maintains a domicile on the Yakima Reservation or

within the area ceded by the treaty of June 9,

1855, at the time of the birth of the child.

(Aug. 9, 1946, ch. 933, §1, 60 Stat. 968.)

REDESIGNATION OF YAKIMA INDIAN NATION TO YAKAMA

INDIAN NATION

Pub. L. 103–435, §17, Nov. 2, 1994, 108 Stat. 4573, provided that:

‘‘(a) REDESIGNATION.—The Confederated Tribes and

Bands of the Yakima Indian Nation shall be known and

designated as the ‘Confederated Tribes and Bands of the

Yakama Indian Nation’.

‘‘(b) REFERENCES.—Any reference in a law (including

any regulation), map, document, paper, or other record

of the United States to Confederated Tribes and Bands

of the Yakima Indian Nation referred to in subsection

(a) shall be deemed to be a reference to the ‘Confederated Tribes and Bands of the Yakama Indian Nation’.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 602 of this title.

§ 602. Application to Tribal Council on exclusion

from roll; minors and incompetent persons

Any person of one-fourth or more of the blood

of the Yakima Tribes who may be excluded from

enrollment under the provisions of section 601 of

this title may apply for membership at any time

and be enrolled upon the approval of the application by a two-thirds vote of the Yakima Tribal

Council. Applications for enrollment under this

section on behalf of minors and persons mentally incompetent may be filed by any enrolled

member of the Yakima Tribes.

(Aug. 9, 1946, ch. 933, §2, 60 Stat. 969.)

§ 603. Correction of membership roll

Corrections in the roll prepared hereunder, by

striking therefrom the name of any person erroneously placed on the roll or by adding to the

roll the name of any person erroneously omitted

therefrom, may be made at any time by the

Yakima Tribal Council.

(Aug. 9, 1946, ch. 933, §3, 60 Stat. 969.)

REFERENCES IN TEXT

Hereunder, referred to in text, means act Aug. 9, 1946,

ch. 933, 60 Stat. 968, which comprises this subchapter.

For complete classification of this Act to the Code, see

Tables.

§ 604. Loss of membership and removal from roll

Every person whose name appears on the roll

prepared hereunder who holds no vested right,

title, or interest in or to any restricted or trust

land on the Yakima Reservation or within the

area ceded by the treaty of June 9, 1855, and who

has failed to maintain any tribal affiliations or

a residence on the reservation or within the

ceded area for a period of five consecutive years,

shall no longer be considered a member of the

Yakima Tribes, and his name shall be removed

from the rolls. It shall be the duty of the Yakima Tribal Council to determine, subject to review by the Secretary of the Interior, loss of

membership in each case.

(Aug. 9, 1946, ch. 933, §4, 60 Stat. 969.)

REFERENCES IN TEXT

Hereunder, referred to in text, means act Aug. 9, 1946,

ch. 933, 60 Stat. 968, which comprises this subchapter.

For complete classification of this Act to the Code, see

Tables.

§ 605. Expulsion of members; review by Secretary

The Yakima Tribal Council may adopt and enforce ordinances, subject to review by the Secretary of the Interior, governing the expulsion

of members for any cause deemed by the council

to be sufficient.

(Aug. 9, 1946, ch. 933, §5, 60 Stat. 969.)

§ 606. Back pay and annuities on enrollment of

new members

No person whose name shall after August 9,

1946, be placed on the roll of the Yakima Tribes

shall be entitled to any back annuities or per

capita payments made to the members of the

tribes out of tribal funds which were authorized

to be paid to the members of the tribes before

such person’s name shall have been placed upon

such roll.

(Aug. 9, 1946, ch. 933, §6, 60 Stat. 969.)

§ 607. Divestment of inheritance of non-members

(a) Procedure

A person who is not an enrolled member of the

Yakima Tribes with one-fourth degree or more

blood of such tribes shall not be entitled to receive by devise or inheritance any interest in

trust or restricted land within the Yakima Reservation or within the area ceded by the Treaty

of June 9, 1855 (12 Stat. 1951), if, while the decedent’s estate is pending before the Examiner of

Inheritance, the Yakima Tribes pay to the Secretary of the Interior, on behalf of such person,

the fair market value of such interest as determined by the Secretary of the Interior after appraisal. The interest for which payment is made

shall be held by the Secretary in Trust for the

Yakima Tribes.

(b) Time of election

On request of the Yakima Tribes the Examiner

of Inheritance shall keep an estate pending for

not less than two years from the date of decedent’s death.

(c) Interest of surviving spouse

When a person who is prohibited by subsection

(a) of this section from acquiring any interest

by devise or inheritance is a surviving spouse of

the decedent, a life estate in one-half of the interest acquired by the Yakima Tribes shall, on

the request of such spouse, be reserved for that

spouse and the value of such life estate so reserved shall be reflected in the Secretary’s appraisal under subsection (a) of this section.

(Aug. 9, 1946, ch. 933, §7, 60 Stat. 969; Pub. L.

91–627, §1, Dec. 31, 1970, 84 Stat. 1874.)

AMENDMENTS

1970—Pub. L. 91–627 designated existing provisions as

subsec. (a), substituted provisions authorizing the Yakima Tribes to pay to Secretary of the Interior the fair

market value, as determined by the Secretary after ap-