Page 289 TITLE 25—INDIANS § 713a

1So in original. Probably should be paragraph ‘‘(3)’’.

dated in subsection (b) of this section, the membership of the Cow Creek Band of Umpqua Tribe

of Indians shall consist of all persons listed in

the official tribal roll approved on September 13,

1980, by the tribe’s Board of Directors, and their

descendants. Following publication by the Secretary of the tribal membership roll mandated

in subsection (b) of this section, the membership

of the Cow Creek Band of Umpqua Tribe of Indians shall consist of all persons listed on such

roll.

(b) Preparation of membership roll by Secretary;

individuals to be included

Within three hundred and sixty-five days after

October 26, 1987, the Secretary shall prepare in

accordance with the regulations contained in

part 61 of title 25 of the Code of Federal Regulations a tribal membership roll of the Cow Creek

Band of Umpqua Tribe of Indians. Such roll

shall include all Cow Creek descendants or other

Indian individuals who were not members of any

other federally recognized Indian tribe on July

30, 1987 and who—

(1) are listed on the tribal roll referred to in

subsection (a) of this section;

(2) are the descendants of any individuals

listed pursuant to paragraph (1) born on or

prior to December 29, 1982; or

(3)(A) are the descendants of any individual

considered to be a member of the Cow Creek

Band of Umpqua Tribe of Indians for the purposes of the treaty entered between such Band

and the United States on September 18, 1853;

(B) have applied to the Secretary for inclusion

in the roll pursuant to subsection (c) of this

section; and (C) meet the requirements for

membership provided in the tribe’s governing

documents.

(c) Regulations governing application process

The Secretary shall devise regulations governing the application process under which individuals may apply to have their names placed on

the tribal roll pursuant to paragraph 3 1 of subsection (b) of this section.

(d) Limitation; tribal discretion; additional requirements

After publication of the roll in the Federal

Register, the membership of the tribe shall be

limited to the persons listed on such roll and

their descendants: Provided, That the tribe, at

its discretion, may subsequently grant tribal

membership to any individual of Cow Creek

Band of Umpqua ancestry who pursuant to tribal procedures, has applied for membership in the

tribe and has been determined by the tribe to

meet the tribal requirements for membership in

the tribe: Provided further, That nothing in this

subchapter shall be interpreted as restricting

the tribe’s power to impose additional requirements for future membership in the tribe upon

the adoption of a new constitution or amendments thereto as provided in section 712b of this

title.

(Pub. L. 97–391, §5, Dec. 29, 1982, 96 Stat. 1961;

Pub. L. 100–139, §5(a), Oct. 26, 1987, 101 Stat. 826;

Pub. L. 100–446, title I, Sept. 27, 1988, 102 Stat.

1794.)

AMENDMENTS

1988—Subsec. (b). Pub. L. 100–446 inserted ‘‘Cow Creek

descendants or other’’ before ‘‘Indian individuals’’.

1987—Pub. L. 100–139 amended section generally. Prior

to amendment, section read as follows:

‘‘(a) Membership in the tribe shall consist of every individual—

‘‘(1) whose name appears on the tribal roll in effect

on December 29, 1982; or

‘‘(2) who is a descendant of any individual described

in paragraph (1).

‘‘(b) Membership in the tribe pursuant to subsection

(a) of this section shall not entitle an individual, who

is not otherwise entitled, to participate in any distribution of funds pursuant to a judgment under the Act approved May 26, 1980 (94 Stat. 372).’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 712 of this title.

§ 712d. Rules

The Secretary of the Interior may make such

rules as are necessary to carry out the provisions of this subchapter.

(Pub. L. 97–391, §6, Dec. 29, 1982, 96 Stat. 1961.)

SUBCHAPTER XXX–C—CONFEDERATED

TRIBES OF THE GRAND RONDE COMMUNITY OF OREGON

§ 713. Definitions

For the purposes of this subchapter—

(1) the term ‘‘tribe’’ means the Confederated

Tribes of the Grand Ronde Community of Oregon considered as one tribe in accordance

with section 713a of this title;

(2) the term ‘‘Secretary’’ means the Secretary of the Interior or his designated representative;

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

council which is established under, and the

members of which are elected pursuant to, section 713c of this title;

(4) the term ‘‘tribal governing body’’ means

the governing body which is established under,

and the members of which are elected pursuant to, the tribal constitution and bylaws

adopted in accordance with section 713d of this

title; and

(5) the term ‘‘member’’, when used with respect to the tribe, means an individual enrolled on the membership roll of the tribe in

accordance with section 713e of this title.

(Pub. L. 98–165, §2, Nov. 22, 1983, 97 Stat. 1064.)

SHORT TITLE

Section 1 of Pub. L. 98–165 provided that: ‘‘This Act

[enacting this subchapter] may be cited as the ‘Grand

Ronde Restoration Act’.’’

§ 713a. Consideration of Confederated Tribes of

Grand Ronde Community as one tribe

The Confederated Tribes of the Grand Ronde

Community of Oregon shall be considered as one

tribal unit for purposes of Federal recognition

and eligibility for Federal benefits under section

713b of this title, the establishment of tribal

self-government under sections 713c and 713d of

this title, the compilation of a tribal membership roll under section 713e of this title, and the

establishment of a tribal reservation under section 713f of this title.