Page 299 TITLE 25—INDIANS § 715g

1So in original. Probably should be ‘‘subsection’’.

fied 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.

The O&C Act, referred to in subsec. (d)(4)(C), is act

Aug. 28, 1937, ch. 876, 50 Stat. 874, as amended, which is

classified generally to subchapter V (§1181a et seq.) of

chapter 28 of Title 43, Public Lands. For complete classification of this Act to the Code, see Tables.

The Endangered Species Act, referred to in subsec.

(d)(5), probably means the Endangered Species Act of

1973, Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, as amended, which is classified generally to chapter 35 (§1531 et

seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set

out under section 1531 of Title 16 and Tables.

Public Law 101–630, 25 U.S.C. 3107, referred to in subsec. (d)(5), is probably a reference to section 308 of Pub.

L. 101–630, which is classified to section 3107 of this

title.

The Indian Self-Determination Act, referred to in

subsec. (d)(6), is title I of Pub. L. 93–638, Jan. 4, 1975, 88

Stat. 2206, as amended, which is classified principally

to part A (§450f et seq.) of subchapter II of chapter 14

of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 450

of this title and Tables.

AMENDMENTS

1996—Subsec. (d). Pub. L. 104–208 added subsec. (d).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 715b of this title.

§ 715d. Criminal and civil jurisdiction

The State shall exercise criminal and civil jurisdiction within the boundaries of the reservation, in accordance with section 1162 of title 18,

and section 1360 of title 28, respectively. Retrocession of such jurisdiction may be obtained

pursuant to section 1323 of this title.

(Pub. L. 101–42, §6, June 28, 1989, 103 Stat. 92.)

§ 715e. Membership rolls

(a) Compilation of tribal membership roll

Within one year of June 28, 1989, the Secretary

shall compile a roll of the Coquille Indian Tribe.

(b) Criteria for enrollments

(1) Until a tribal constitution is adopted, a

person shall be placed on the membership roll if

the individual is living, is not an enrolled member of another federally recognized tribe, is of

Coquille ancestry, possesses at least one-eighth

or more of Indian blood quantum and if—

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

Coquille roll compiled and approved by the Bureau of Indian Affairs on August 29, 1960;

(B) that individual was not listed on but met

the requirements that had to be met to be listed on the Coquille roll compiled and approved

by the Bureau of Indian Affairs on August 29,

1960; or

(C) that individual is a lineal descendant of

an individual, living or dead, identified by subparagraph (A) or (B).

(2) After adoption of a tribal constitution, said

constitution shall govern membership in the

Tribe: Provided, That in addition to meeting any

other criteria imposed in such tribal constitution, any person added to the roll has to be of

Coquille Indian ancestry and cannot be a member of another federally recognized Indian tribe.

(c) Conclusive proof of Coquille ancestry and degree of Indian blood quantum

For the purpose of subsection (b) of this section, the Secretary shall accept any available

evidence establishing Coquille ancestry and the

required amount of Indian blood quantum. However, the Secretary shall accept as conclusive

evidence of Coquille ancestry information contained in the Coquille roll compiled by the Bureau of Indian Affairs on August 29, 1960, and as

conclusive evidence of Indian blood quantum the

information contained in the January 1, 1940,

census roll of nonreservation Indians of the

Grand Ronde-Siletz Agency.

(Pub. L. 101–42, §7, June 28, 1989, 103 Stat. 93.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 715, 715f of this

title.

§ 715f. Interim government

Until a new tribal constitution and bylaws are

adopted and become effective under section 715g

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 Tribal Council of the Coquille Tribe

on June 28, 1989, and the Interim Council shall

continue to operate in the manner prescribed for

the Tribal Council under the tribal bylaws

adopted on April 23, 1979. Any new members filling vacancies on the Interim Council must meet

the criteria for enrollment in section 715e(b) of

this title and be elected in the same manner as

are Tribal Council members under the April 23,

1979, bylaws.

(Pub. L. 101–42, §8, June 28, 1989, 103 Stat. 93.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 715 of this title.

§ 715g. Tribal constitution

(a) Election; time and procedure

Upon the completion of the tribal membership

roll 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 for the Tribe. Absentee balloting

shall be permitted regardless of voter residence.

In every other regard, the election shall be held

according to section 476 of this title.

(b) Election of tribal officials; procedures

Not later than one hundred and twenty days

after the Tribe adopts a constitution and bylaws, the Secretary shall conduct an election by

secret ballot for the purpose of electing tribal

officials as provided in the tribal constitution.

Said election shall be conducted according to

the procedures stated in paragraph1 (a) of this

section except to the extent that said procedures conflict with the tribal constitution.

(Pub. L. 101–42, §9, June 28, 1989, 103 Stat. 93.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 715, 715b, 715f of

this title.