the Interim Council, for a period of not more than 
6 months beginning on the date such tribal gov-
erning body first convenes. 
(d) VACANCY ON INTERIM COUNCIL.—Not later than 
30 days after a vacancy occurs on the Interim Council and 
subject to the approval of the Secretary, the Interim Coun-
cil shall hold a general council meeting to nominate a can-
didate for election to fill such vacancy and hold such elec-
tion. The Interim Council shall provide notice of the time, 
place, and purpose of such meeting and election to mem-
bers described in section 7(d) not less than 10 days before 
each general meeting or election. 
SEC. 6. TRIBAL CONSTITUTION AND BYLAWS; TRIBAL GOV-
ERNING BODY. 
(a) ADOPTION OF PROPOSED CONSTITUTION AND 
BYLAWS; ELECTION.— 
(1) TIME
AND
PROCEDURE.—The Interim 
Council shall— 
(A) prepare the tribal constitution and by-
laws which shall provide for, at a minimum, the 
establishment of a tribal governing body and 
tribal membership qualifications; and 
(B) adopt such tribal constitution not later 
than 6 months after the date of the enactment 
of this Act. 
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(2) ELECTION.—Upon the adoption of the pro-
posed tribal constitution and bylaws by the Interim 
Council, the Council shall request that the Secretary, 
in writing, schedule an election to approve or dis-
approve the adoption of such constitution and by-
laws. The Secretary shall conduct an election by se-
cret ballot in accordance with section 16 of the Act 
of June 18, 1934. 
(b) NOTICE AND CONSULTATION.—Not less than 30 
days before any election scheduled pursuant to subsection 
(a), a copy of the proposed tribal constitution and bylaws, 
as adopted by the Interim Council, along with a brief and 
impartial description of the proposed constitution and by-
laws shall be sent to each member described in section 
7(d). The members of the Interim Council may freely con-
sult with members of the tribe concerning the text and 
description of the constitution and bylaws, except that 
such consultation may not be carried on within 50 feet 
of the polling places on the date of such election. 
(c) MAJORITY VOTE FOR ADOPTION; PROCEDURE IN 
EVENT OF FAILURE TO ADOPT PROPOSED CONSTITU-
TION.— 
(1) MAJORITY VOTE FOR ADOPTION.—In any 
election held pursuant to subsection (a), a vote of a 
majority of those actually voting shall be necessary 
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and sufficient for the approval of the adoption of the 
tribal constitution and bylaws. 
(2) PROCEDURE
IN
EVENT
OF
FAILURE
TO 
ADOPT PROPOSED CONSTITUTION.—If in any such 
election such majority does not approve the adoption 
of the proposed tribal constitution and bylaws, the 
Interim Council shall be responsible for preparing 
another tribal constitution and other bylaws in the 
same manner provided in this section for the first 
proposed constitution and bylaws. The new proposed 
constitution and bylaws shall be adopted by the In-
terim Council not later than 6 months after the date 
of the election in which the first proposed constitu-
tion and bylaws failed to be adopted. An election on 
the question of the adoption of the new proposal of 
the Interim Council shall be conducted in the same 
manner provided in subsection (a)(2) for the election 
on the first proposed constitution and bylaws. 
(d) ELECTION OF TRIBAL GOVERNING BODY.—Not 
later than 120 days after the tribe approves the adoption 
of the tribal constitution and bylaws and subject to the 
approval of the Secretary, the Interim Council shall con-
duct an election, by secret ballot, to elect the tribal gov-
erning body established under such constitution and by-
laws. Notwithstanding any provision of the tribal constitu-
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tion and bylaws, absentee and write-in balloting shall be 
permitted in an election under this subsection. 
SEC. 7. MEMBERSHIP ROLLS; VOTING RIGHTS OF MEMBER. 
(a) 
MEMBERSHIP
ROLL
ESTABLISHED
AND 
OPENED.—The membership roll of the tribe is established 
and open. 
(b) CRITERIA GOVERNING ELIGIBILITY.— 
(1) MEMBERSHIP PRIOR TO ELECTION.—Until 
the first election of the tribal governing body is held 
pursuant to section 6(d), the membership of the 
Clatsop-Nehalem Confederated Tribes shall consist 
as follows: 
(A) Any person who can document being a 
direct descent from a Clatsop or Nehalem 
(Naalem) Tillamook Indian (or both) on the 
tribal rolls compiled— 
(i) in 1906 by Charles E. McChesney, 
Supervisor of Indian School. 
(B) Any person found eligible by the Port-
land, Oregon, Area Office of the Bureau of In-
dian Affairs who would satisfy enrollment re-
quirements under— 
(i) the Act of August 24, 1912, (37 
Stat. 518–535); 
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(ii) the Act of August 30, 1964, (78 
Stat. 639); or 
(iii) part 43 of title 25, Code of Fed-
eral Regulations. 
(C) Any person who descends from those 
Indians who were signers of the treaties be-
tween the United States and the Clatsop Tribe 
and the Nehalem Band of the Tillamooks at 
Tansy Point, August 5 and 6, 1851 (Vol. 1, p. 
7–13; Records Concerning Negotiation of Trea-
ties, 1851–1855; Oregon Superintendency (Na-
tional Archives Microfilm Publication M2, roll 
28); Records of the Bureau of Indian Affairs, 
Record Group 75; National Archives Building, 
Washington, DC). 
(D) Any person who can document their 
direct descent from a Clatsop or Nehalem 
Tillamook Indian on any other Federal, State, 
Indian, or church record. 
(E) Descends from those Indians who were 
members of the Hobsonville Community. 
(F) All children born to a member of the 
tribe. 
(2) MEMBERSHIP AFTER ELECTION.—After the 
first election of the tribal governing body is held 
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pursuant to section 6(d), the provisions of the con-
stitution and bylaws adopted in accordance with sec-
tion 6(a) shall govern membership in the tribe. 
(c) DUAL MEMBERSHIP.—Any person who is enrolled 
in any other federally recognized Indian tribe, band, or 
community or native corporation shall not, at the same 
time be enrolled in the tribe. 
(d) PROCEDURES
FOR VERIFICATION
OF ELIGI-
BILITY.— 
(1) BEFORE ELECTION OF INTERIM COUNCIL.— 
Before the election of the members of the Interim 
Council is held pursuant to section 5(b), verification 
of descendancy, for purposes of enrollment and age 
for purposes of voting rights under subsection (d) 
shall be made upon oath before the Secretary whose 
determination thereon shall be final. 
(2) AFTER ELECTION OF INTERIM COUNCIL.— 
After the election of the members of the Interim 
Council is held pursuant to section 5(b), but before 
the first election of the members of the tribal gov-
erning body is held pursuant to section 6(d), the 
verification of descendancy and age shall be made 
upon oath before the Interim Council, or its author-
ized representative. An individual may appeal the ex-
clusion of his name from the membership roll of the 
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tribe to the Secretary, who shall make a final deter-
mination of each such appeal within 90 days after 
such an appeal has been filed with him. The deter-
mination of the Secretary with respect to such an 
appeal shall be final. 
(3) AFTER ELECTION OF TRIBAL GOVERNING 
BODY.—After the first election of the members of 
the tribal governing body is held pursuant to section 
6(d), the provisions of the constitution and bylaws 
adopted in accordance with section 6(a) shall govern 
the verification of any requirements for membership 
in the tribe. The Interim Council and the Secretary 
shall deliver their records and files and any other 
material relating to the enrollment of tribal members 
to such tribal governing body. 
(4) PUBLICATION OF MEMBERSHIP ROLL.—Not 
less than 60 days before the election under section 
6(a), the Secretary shall publish in the Federal Reg-
ister a certified copy of the membership roll of the 
tribe as of the date of such publication. Such mem-
bership roll shall include the names of all individuals 
who were enrolled by the Secretary, either directly 
under paragraph (1) or pursuant to an appeal under 
paragraph (2), and by the Interim Council under 
paragraph (2). 
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(e) VOTING RIGHTS OF MEMBER.—Each member 
who is 18 years of age or older shall be eligible to— 
(1) attend, participate in, and vote at each gen-
eral council meeting; 
(2) nominate candidates for any office; 
(3) run for any office; and 
(4) vote in any election of members to the In-
terim Council and to such other tribal governing 
body as may be established under the constitution 
and bylaws adopted in accordance with section 6. 
SEC. 8. REGULATIONS. 
The Secretary may promulgate such regulations as 
may be necessary to carry out the provisions of this Act. 
Æ 
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