Page 285 TITLE 25—INDIANS § 711c

(c) Hunting, fishing or trapping rights and tribal

reservations not restored

This subchapter shall not grant or restore any

hunting, fishing, or trapping right of any nature, including any indirect or procedural right

or advantage, to the tribe or any member of the

tribe, nor shall it be construed as granting, establishing, or restoring a reservation for the

tribe.

(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 obligation, or any obligation for

taxes already levied.

(Pub. L. 95–195, §3, Nov. 18, 1977, 91 Stat. 1415.)

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 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.

§ 711b. Membership roll

(a) Opening; duty of Secretary, Interim Council,

and tribal officials

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 August 13, 1954, to be

on the final membership roll but his name was

not listed on that roll; or

(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 Siletz 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;

appeal; finality of determination; possession

of enrollment records and materials

(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 any other material

relating to enrollment matters, to the tribal

governing body.

(d) Franchisement

For purposes of sections 711c and 711d 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. 95–195, §4, Nov. 18, 1977, 91 Stat. 1416.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 711, 711c, 711d of

this title.

§ 711c. Interim Council

(a) Nomination and election of members; notice;

meetings; ballot requirements; approval by

Secretary

Within forty-five days after November 18, 1977,

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 November 18, 1977. 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 nine 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 711b(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

election to the Interim Council to be held within

sixty days after such election.

(b) Powers of Council

The Interim Council shall represent the tribe

and its members in the implementation of this

subchapter and shall be the acting tribal govern-