§ 1300l–3 TITLE 25—INDIANS Page 396

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1300l–1, 1300l–6

of this title.

§ 1300l–3. Membership rolls

(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 individual’s 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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1300l–4, 1300l–5,

1300l–6 of this title.

§ 1300l–4. Interim government

Until a new tribal constitution and bylaws are

adopted and become effective under section

1300l–5 of this title, the Tribe’s governing body

shall be an Interim Council. The initial membership of the Interim Council shall consist of the

members of the Executive Council of the Tribe

on October 31, 1994, and the Interim Council

shall continue to operate in the manner prescribed for the Executive Council under the tribal constitution adopted July 20, 1991, as long as

such constitution is not contrary to Federal

law. Any new members filling vacancies on the

Interim Council shall meet the enrollment criteria set forth in section 1300l–3(b) of this title

and be elected in the same manner as are Executive Council members under the tribal constitution adopted July 20, 1991.

(Pub. L. 103–434, title II, §206, Oct. 31, 1994, 108

Stat. 4535; Pub. L. 104–109, §8(b), Feb. 12, 1996, 110

Stat. 765.)

AMENDMENTS

1996—Pub. L. 104–109 substituted ‘‘Interim Council

shall meet’’ for ‘‘Interim council shall meet’’ in last

sentence.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1300l–6 of this

title.

§ 1300l–5. Tribal constitution

(a) Election; time and procedure

Upon the completion of the tribal membership

roll under section 1300l–3(a) of this title and

upon the written request of the Interim Council,

the Secretary shall conduct, by secret ballot, an

election for the purpose of adopting a constitution and bylaws for the Tribe. The election shall

be held according to section 476 of this title, except that absentee balloting shall be permitted

regardless of voter residence.

(b) Election of tribal officials; procedures

Not later than 120 days after the Tribe adopts

a constitution and bylaws under subsection (a)

of this section, the Secretary shall conduct an

election by secret ballot for the purpose of electing tribal officials as provided in such tribal

constitution. Such election shall be conducted

according to the procedures specified in subsection (a) of this section except to the extent

that such procedures conflict with the tribal

constitution.

(Pub. L. 103–434, title II, §207, Oct. 31, 1994, 108

Stat. 4535.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1300l–1, 1300l–3,

1300l–4 of this title.

§ 1300l–6. Definitions

For purposes of this subchapter:

(1) The term ‘‘Tribe’’ means the United Auburn Indian Community of the Auburn Rancheria of California.

(2) The term ‘‘Secretary’’ means the Secretary of the Interior.

(3) The term ‘‘Interim Council’’ means the

governing body of the Tribe specified in section 1300l–4 of this title.

(4) The term ‘‘member’’ means those persons

meeting the enrollment criteria under section

1300l–3(b) of this title.