§ 714b TITLE 25—INDIANS Page 294

1So in original. Probably should be ‘‘allottee’’. 2So in original. Probably should be ‘‘Interim Council’’.

any property right or obligation, any contractual right or obligation, or any obligation for

taxes already levied.

(Pub. L. 98–481, §3, Oct. 17, 1984, 98 Stat. 2250.)

REFERENCES IN TEXT

Act approved August 13, 1954, referred to in subsec.

(b), is act Aug. 13, 1954, ch. 733, 68 Stat. 724, which is

classified generally to subchapter XXX (§691 et seq.) of

this chapter. For complete classification of this Act to

the Code, see Tables.

CODIFICATION

In subsecs. (a) and (b), ‘‘on October 17, 1984,’’ the date

of enactment of Pub. L. 98–481, substituted for ‘‘upon

passage of this Act’’.

§ 714b. Membership rolls

(a) Opening; duty of Interim Council and tribal

officials

The membership roll is declared open. The Interim Council and tribal officials under the

Tribe’s constitution and bylaws shall take such

measures as will insure the continuing accuracy

of the membership roll.

(b) Criteria for enrollment

(1) Until a tribal constitution and bylaws are

adopted, a person shall be a member of the Tribe

and his name shall be placed on the membership

roll if the individual is living and if—

(a) that individual’s name was listed on the

Tribe’s Census Roll of 1940;

(b) that individual was entitled to be listed

on the Tribe’s Census Roll of January 1, 1940

but was not so listed. Any person placed on

the membership roll must be listed on the

January 1, 1940 Census Roll of the Grand

Ronde-Siletz Indian Agency of nonreservation

Indians as Coos, Lower Umpqua, or Siuslaw, be

a descendant of such a person, or be a descendant of public domain allotee 1 of Western Oregon who was a member of one of these three

tribes.

(c) that individual is a direct lineal descendant of an individual, living or dead, identified

by subparagraph (a) or (b); and

(d) that individual or the lineal ancestor

through whom he qualifies for membership

under subparagraph (c) has never been an enrolled member of, or qualified for the payment

of any money for the taking of land or otherwise through, any other Indian tribe, either

federally recognized or acknowledged or not

federally recognized or acknowledged.

(2) Until a tribal constitution and bylaws are

adopted, a person shall be eligible for membership if the individual is living and meets the criteria established in subsections (b)(1)(a), (b) and

(c) of this section. Such individual may submit

an application for enrollment to the Interim

Council for consideration and decision and the

Interim Council shall place on the roll the name

of all individuals who submitted an application

and are meeting the criteria established under

subsections (b)(1)(a), (b) and (c) of this section:

Provided, That the Interim Council may reject

the application of any person who is found to be

a member or who is claiming membership in another Indian tribe. Nothing in this subchapter

shall bar unsuccessful applicants for enrollment

before the Interim Council from submitting an

application for enrollment to the Tribe after the

adoption of a tribal constitution and bylaws.

(3) After the adoption of a tribal constitution

and bylaws, those documents shall govern membership in the Tribe.

(c) Verification of eligibility for enrollment; appeal; finality of determination; possession of

enrollment records and materials

(1) Prior to any election pursuant to section

714d of this title, the Interim Council shall verify by tribal resolution the eligibility for enrollment and age of each member listed on the

Tribe’s membership roll, which resolution shall

be forwarded to the Secretary.

(2) With regard to the exclusion of any name

from the tribal membership roll, any member

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 such an appeal shall be final.

(d) Franchisement

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 2 and to

other tribal councils.

(Pub. L. 98–481, §4, Oct. 17, 1984, 98 Stat. 2251.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 714, 714d of this

title.

§ 714c. Interim Council

Until such time as a new tribal constitution

and bylaws are adopted in accordance with section 714d of this title, the Tribe shall be governed by an Interim Council, the membership of

which shall consist of the members of the current council of the Confederated Tribes of Coos,

Lower Umpqua, and Siuslaw Indians, Incorporated or such new members as may be elected

in accordance with election procedures followed

by the tribal corporate body prior to October 17,

1984.

(Pub. L. 98–481, §5, Oct. 17, 1984, 98 Stat. 2252.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 714 of this title.

§ 714d. Tribal constitution and bylaws

(a) Election; time and procedure

Upon the written request of the Interim Council, the Secretary shall conduct an election by

secret ballot, pursuant to section 476 of this

title, for the purpose of adopting a constitution

and bylaws for the Tribe. The election shall be

held after such written request and within sixty

days after the Secretary has published in appropriate local media a certification copy of the

Tribe’s membership roll.