§ 763 TITLE 25—INDIANS Page 308

(d) Effect on property rights or obligations, contractual rights or obligations, or obligations

for taxes

Except as specifically provided in this subchapter, nothing in this subchapter shall alter

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

taxes already levied.

(Pub. L. 96–227, §3, Apr. 3, 1980, 94 Stat. 317.)

REFERENCES IN TEXT

Act of June 18, 1934, referred to in subsec. (a), popularly known as the Indian Reorganization Act, is classified generally to subchapter V (§461 et seq.) of this

chapter. For complete classification of this Act to the

Code, see Short Title note set out under section 461 of

this title and Tables.

Act of September 1, 1954, referred to in subsec. (b), is

act Sept. 1, 1954, ch. 1207, 68 Stat. 1099, which is classified generally to subchapter XXXII (§741 et seq.) of this

chapter. For complete classification of this Act to the

Code, see Tables.

§ 763. Membership roll

(a) Opening; establishment of accuracy

The final membership roll is declared open.

The Secretary, the Interim Council, and tribal

officials under the tribal constitution and bylaws shall take such measures as will insure the

continuing accuracy of the membership roll.

(b) Prerequisites for inclusion

(1) Until after the initial election of tribal officers under the tribal constitution and bylaws,

a person shall be a member of the tribe and his

name shall be placed on the membership roll if

he is living and if—

(A) his name is listed on the final membership roll;

(B) he was entitled on September 1, 1954, to

be on the final membership roll but his name

was not listed on that roll;

(C) he is a descendant of a person specified in

subparagraph (A) or (B) and possesses at least

one-fourth degree of blood of members of the

tribe or their Paiute Indian ancestors;

(D) his name is listed on the roll established

pursuant to the Act of October 17, 1968 (82

Stat. 1147), for the disposition of judgment

funds, as a member of the Cedar City Band of

Paiute Indians;

(E) he was entitled on October 17, 1968, to be

on the judgment distribution roll as a member

of the Cedar City Band as specified in subparagraph (D) but his name was not listed on that

roll; or

(F) he is a descendant of a person specified

in subparagraph (D) or (E) and possesses at

least one-fourth degree of blood of members of

the tribe or their Paiute Indian ancestors.

(2) After the initial election of tribal officials

under the tribal constitution and bylaws, the

provisions of the tribal constitution and bylaws

shall govern membership in the tribe.

(c) Verification of descendancy, age, and blood;

procedures applicable

(1) Before election of the Interim Council, verification of descendancy, age, and blood shall be

made upon oath before the Secretary and his determination thereon shall be final.

(2) After election of the Interim Council and

before the initial election of the tribal officials,

verification of descendancy, age, and blood shall

be made upon oath before the Interim Council,

or its authorized representative. A member of

the tribe, with respect to the inclusion of any

name, and any person, with respect to the exclusion of his name, 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 an appeal under

this paragraph shall be final.

(3) After the initial election of tribal officials,

the provisions of the tribal constitution and bylaws shall govern the verification of any requirements for membership in the tribe, and the

Secretary and the Interim Council shall deliver

their records and files, and other material relating to enrollment matters, to the tribal governing body.

(d) Participation in elections and voting rights

For purposes of section 764 and 765 of this

title, 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 and to

other tribal councils.

(Pub. L. 96–227, §4, Apr. 3, 1980, 94 Stat. 318.)

REFERENCES IN TEXT

Act of October 17, 1968, referred to in subsec. (b)(1)(D),

is Pub. L. 90–584, Oct. 17, 1968, 82 Stat. 1147, which is not

classified to the Code.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 761, 764, 765 of

this title.

§ 764. Interim Council

(a) Nomination and election of members; notice;

meetings; ballot requirements; approval by

Secretary

Within forty-five days after April 3, 1980, the

Secretary shall announce the date of a general

council meeting of the tribe to nominate candidates for election to the Interim Council. Such

general council meeting shall be held within

sixty days after April 3, 1980. Within forty-five

days after such general council meeting the Secretary shall hold an election by secret ballot,

absentee balloting to be permitted, to elect six

members of the tribe to the Interim Council

from among the nominees submitted to him

from such general council meeting. The Secretary shall assure that notice of the time,

place, and purpose of such meeting and election

shall be provided to members described in section 763(d) of this title at least fifteen days before such general meeting and election. The ballot shall provide for write-in votes. The Secretary shall approve the Interim Council elected

pursuant to this section if he is satisfied that

the requirements of this section relating to the

nominating and election process have been met.

If he is not so satisfied, he shall hold another

election under this section, with the general

council meeting to nominate candidates for