25 CFR Ch. I (4–1–01 Edition) § 61.2

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Page 1

216

25 CFR Ch. I (4–1–01 Edition)

§ 61.2

Tribal Governing Document means the

written organizational statement gov-

erning the tribe, band, or group of Indi-

ans and/or any valid document, enroll-

ment ordinance, or resolution enacted

thereunder.

§ 61.2

Purpose.

The regulations in this part 61 are to

govern the compilation of rolls of Indi-

ans by the Secretary of the Interior

pursuant to statutory authority. The

regulations are not to apply in the

compilation of tribal membership rolls

where the responsibility for the prepa-

ration and maintenance of such rolls

rests with the tribes.

§ 61.3

Information collection.

The Office of Management and Budg-

et has informed the Department of the

Interior that the information collec-

tion requirements contained in § 61.4

need not be reviewed by them under

the Paperwork Reduction Act (44

U.S.C. 3501 et seq.).

§ 61.4

Qualifications for enrollment

and the deadline for filing applica-

tion forms.

(a) The qualifications which must be

met to establish eligibility for enroll-

ment and the deadline for filing appli-

cation forms will be included in this

part 61 by appropriate amendments to

this section; except that, when an Act

or Plan states the qualifications for en-

rollment and the deadline for filing ap-

plication forms and specifies that the

regulations contained in this part 61

will apply, amendment to this section

will not be required for the procedures

contained in this part 61 to govern the

preparation of the roll; provided further,

the provisions contained in this part 61

that were in effect when the regula-

tions were amended to include para-

graphs (r), (s), (w), (x), (y), and (z) shall

control the preparation of the rolls

under paragraphs (r), (s), (w), (x), (y),

and (z) of this section.

(b) Pembina Band of Chippewa Indians.

(1) Pursuant to section 7(a) of the Act

of December 31, 1982, Pub. L. 97–403, 96

Stat. 2022, a roll is to be prepared and

used as the basis for the distribution of

an apportioned share of judgment funds

awarded the Pembina Chippewa Indians

in dockets numbered 113, 191, 221 and

246 of the Court of Claims of all persons

who:

(i) Are of at least

⁄

degree Pembina

Chippewa blood;

(ii) Are citizens of the United States;

(iii) Were living on December 31, 1982;

(iv) Are not members of the Red Lake

Band of Chippewa Indians, the Turtle

Mountain Band of Chippewa Indians,

the Chippewa Cree Tribe of the Rocky

Boy’s Reservation, or Minnesota Chip-

pewa Tribe, or the Little Shell Band of

Chippewa Indians of Montana; and

(v) Are enrolled or are lineal descend-

ants of persons enrolled:

(A) As Pembina descendants under

the provisions of the Act of July 29,

1971 (85 Stat. 158), for the disposition of

the 1863 Pembina Award, or

(B) On the McCumber roll of the Tur-

tle Mountain Indians of 1892, or

Mountain Indians of 1904; or

(D) As Chippewa on the tentative roll

of the Rocky Boy Indians of May 30,

1917, or the McLaughlin census report

of the Rocky Boy Indians of July 7,

1917, or the Roe Cloud Roll of Landless

Indians of Montana; or

(vi) Are able to establish Pembina

ancestry on the basis of any other rolls

or records acceptable to the Secretary.

(2) Application forms for eligibility

must be filed with the Superintendent,

Turtle Mountain Agency, Bureau of In-

dian Affairs, Belcourt, North Dakota

58316, by March 10, 1986. Application

forms filed after that date will be re-

jected for failure to file on time regard-

less of whether the applicant otherwise

meets the qualifications for eligibility.

(3) Each application for enrollment

as a member of any of the tribes speci-

fied in paragraph (b)(1)(iv) of this sec-

tion, except the Red Lake Band of

Chippewa Indians, which may be re-

jected by the tribes shall be reviewed

by the Superintendent to determine

whether the applicant meets the quali-

fications for eligibility as a descendant

of the Pembina Band of Chippewas

under paragraph (b)(1) of this section.

Each rejection notice shall contain a

statement to the effect that the appli-

cation is being given such review.

(1) Pursuant to section 5 of the Act of

December 20, 1982, Pub. L. 97–372, 96

Stat. 1815, a roll is to be prepared and

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217

Bureau of Indian Affairs, Interior

§ 61.4

used as the basis for the distribution of

an apportioned share of judgment funds

awarded the Shawnee Tribe in dockets

64, 335, and 338 by the Indian Claims

Commission and in docket 64–A by the

U.S. Court of Claims of all persons of

Cherokee Shawnee ancestry:

(i) Who were living on December 20,

1982;

(ii) Who are lineal descendants of the

Shawnee Nation as it existed in 1854,

based on the roll of the Cherokee

Shawnee compiled pursuant to the Act

of March 2, 1889 (25 Stat. 994), or any

other records acceptable to the Sec-

retary including eligibility to share in

the distribution of judgment funds

awarded the Absentee Shawnee Tribe

of Oklahoma on behalf of the Shawnee

Nation in Indian Claims Commission

docket 334–B as a Cherokee Shawnee

descendant; and

(iii) Who are not members of the Ab-

sentee Shawnee Tribe of Oklahoma or

the Eastern Shawnee Tribe of Okla-

homa.

(2) Application forms for enrollment

must be filed with the Director,

Muskogee Area Office, Bureau of In-

dian Affairs, Federal Building,

Muskogee, Oklahoma 74401, by May 9,

1986. Application forms filed after that

date will be rejected for inclusion on

the roll being prepared for failure to

file on time regardless of whether the

applicant otherwise meets the quali-

fications for enrollment.

(d) Miami Indians of Indiana. (1) Pur-

suant to section 3 of the Act of Decem-

ber 21, 1982, Pub. L. 97–376, 96 Stat. 1828,

a roll is to be prepared and used as the

basis for the distribution of an appor-

tioned share of judgment funds award-

ed the Miami Tribe of Oklahoma and

the Miami Indians of Indiana in dock-

ets 124–B and 254 by the U.S. Court of

Claims of all persons of Miami Indian

ancestry:

(i) Who were living on December 21,

1982;

(ii) Whose name or the name of a lin-

eal ancestor appears on:

(A) The roll of Miami Indians of

Oklahoma and Indiana prepared pursu-

ant to the Act of June 2, 1972 (86 Stat.

199), or

(B) The roll of Miami Indians of Indi-

ana of June 12, 1895, or

diana, now living in Kansas, Quapaw

Agency, I.T., and Oklahoma Terri-

tory,’’ prepared and completed pursu-

ant to the Act of March 2, 1895 (28 Stat.

903), or

(D) The roll of the Eel River Miami

Tribe of Indians of May 27, 1889, pre-

pared and completed pursuant to the

Act of June 29, 1888 (25 Stat. 223), or

(E) The roll of the Western Miami

Tribe of Indians of June 12, 1891 (26

Stat. 1001); and

(iii) Who are not members of the

Miami Tribe of Oklahoma.

(2) Application forms for enrollment

must be filed with the Director,

Muskogee Area Office, Bureau of In-

dian Affairs, Federal Building,

Muskogee, Oklahoma 74401, by May 9,

1986. Application forms filed after that

date will be rejected for inclusion on

the roll being prepared for failure to

file on time regardless of whether the

applicant otherwise meets the quali-

fications for enrollment.

(e) Cow Creek Band of Umpqua Tribe of

Indians. (1) Pursuant to section 5 of the

Cow Creek Band of Umpqua Tribe of In-

dians Distribution of Judgment Funds

Act of October 26, 1987, Pub. L. 100–139,

a tribal membership roll is to be pre-

pared comprised of all persons who are

able to establish that they are of Cow

Creek or other Indian ancestry indige-

nous to the United States based on any

rolls or records acceptable to the Sec-

retary and were not members of any

other Federally recognized Indian tribe

on July 30, 1987; and:

(i) Who are named on the tribal roll

dated September 13, 1980, the so-called

Interrogatory No. 14 roll;

(ii) Who are descendants of individ-

uals named on the tribal roll dated

September 13, 1980, the so-called Inter-

rogatory No. 14 roll, and were born on

or prior to October 26, 1987; or

(iii) Who are descendants of individ-

uals who were considered to be mem-

bers 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 19,

1853.

(2) Application forms for enrollment

must be filed with the Superintendent,

Siletz Agency, Bureau of Indian Af-

fairs, P.O. Box 539, Siletz, Oregon 97380

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218

25 CFR Ch. I (4–1–01 Edition)

§ 61.4

by June 1, 1990. Application forms filed

after that date will be rejected for in-

clusion on the tribal membership roll

for failure to file on time regardless of

whether the applicant otherwise meets

the qualifications for enrollment.

(f) Cow Creek Band of Umpqua Tribe of

Indians descendants. (1) Pursuant to

section 6(a)(1) of the Cow Creek Band of

Umpqua Tribe of Indians Distribution

of Judgment Funds Act of October 26,

1987, Pub. L. 100–139, a roll of nontribal

members eligible to participate in the

Higher Education and Vocational

Training Program and the Housing As-

sistance Program of the Cow Creek

Band of Umpqua Tribe of Indians is to

be prepared of individuals:

(i) Who are descended from persons

considered members of the Cow Creek

Band of Umpqua Tribe of Indians for

purposes of the treaty entered into be-

tween such band and the United States

on September 19, 1853 (10 Stat. 1027), as

ratified by the Senate on April 12, 1854;

and

(ii) Who did not share or are not de-

scendants of persons who shared in the

distribution of funds under the Act en-

titled ‘‘An Act to provide for the termi-

nation of Federal supervision over the

property of the Klamath Tribe of Indi-

ans located in the State of Oregon and

the individuals members thereof, and

for other purposes,’’ approved August

13, 1954 (25 U.S.C. 564 et seq.), or under

the Act entitled ‘‘An Act to provide for

the termination of Federal supervision

over the property of certain tribes and

bands of Indians located in western Or-

egon and the individual members

thereof, and for other purposes,’’ ap-

proved August 13, 1954 (25 U.S.C. 691 et

seq.).

(2) Application forms for enrollment

must be filed with the Superintendent,

Siletz Agency, Bureau of Indian Af-

fairs, P. O. Box 539, Siletz, Oregon

97380. Upon receipt of an application

form, the Superintendent shall furnish

a copy to the Cow Creek Band of Ump-

qua Tribe of Indians.

(g) Cow Creek Band of Umpqua Tribe of

Indians descendants. (1) Pursuant to

section 6(a)(2) of the Cow Creek Band of

Umpqua Tribe of Indians Distribution

of Judgment Funds Act of October 26,

1987, Pub. L. 100–139, a roll of nontribal

members eligible to participate in the

Elderly Assistance Program of the Cow

Creek Band of Umpqua Tribe of Indians

is to be prepared of individuals:

(i) Who are descended from persons

considered members of the Cow Creek

Band of Umpqua Tribe of Indians for

purposes of the treaty entered into be-

tween such Band and the United States

on September 19, 1853 (10 Stat. 1027), as

ratified by the Senate on April 12, 1854;

(ii) Who did not share or are not de-

scendants of persons who shared in the

distribution of funds under the Act en-

titled ‘‘An act to provide for the termi-

nation of Federal supervision over the

property of the Klamath Tribe of Indi-

ans located in the State of Oregon and

the individual members thereof, and

for other purposes,’’ approved August

13, 1954 (25 U.S.C. 564 et seq.), or under

the Act entitled ‘‘An Act to provide for

the termination of Federal supervision

over the property of certain tribes and

bands of Indians located in western Or-

egon and the individual members

thereof, and for other purposes,’’ ap-

proved August 13, 1954 (25 U.S.C. 691 et

seq.); and

(iii) Who were 50 years or older as of

December 31, 1985.

(2) Application forms for enrollment

must be filed with the Superintendent,

Siletz Agency, Bureau of Indian Af-

fairs, P. O. Box 539, Siletz, Oregon 97380

by April 25, 1988, and with the Cow

Creek Band of Umpqua Tribe of Indi-

ans. Application forms filed after that

date will be rejected for failure to file

on time regardless of whether the ap-

plicant otherwise meets the qualifica-

tions for eligibility for inclusion on the

roll of persons eligible to participate in

the Elderly Assistance Program, but

will be considered for inclusion on the

roll of persons eligible to participate in

the Higher Education and Vocation

Training Program and the Housing As-

sistance Program. Upon receipt of an

application form, the Superintendent

shall furnish a copy to the Cow Creek

Band of Umpqua Tribe of Indians.

(h) Indians of the Hoopa Valley Indian

Reservation. Pursuant to section 5 of

the Hoopa-Yurok Settlement Act of

October 31, 1988, Pub. L. 100–580, a roll

of Indians of the Reservation eligible

to participate in certain settlement

provisions is to be prepared of all per-

sons:

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Bureau of Indian Affairs, Interior

§ 61.4

(1) Who were born on or prior to and

living on October 31, 1988; and

(2) Who are citizens of the United

States; and

(3) Who were not, on August 8, 1988,

enrolled members of the Hoopa Valley

Tribe; and

(4) Who meet the criteria to qualify

as an ‘‘Indian of the Reservation’’

under one of the following standards

established by the U.S. Court of Claims

in its March 31, 1982, decision, and the

United States Claims Court in its May

14, 1987, and March 1, 1988, decisions in

the cases of Short v. United States, (Cl.

Ct. No. 102–63):

(i) Standards A–E which are:

(A) Allottees of land on any part of

the Reservation, living on October 1,

1949, and lineal descendants of allottees

living on October 1, 1949;

(B) Persons living on October 1, 1949,

and resident on the reservation at that

time, who have received Reservation

benefits or services, and hold an assign-

ment, or can make other proof that

though eligible to receive an allot-

ment, they have not been allotted, and

the lineal descendants of such persons,

living on October 1, 1949;

who have at least

⁄

degree Reservation

blood, as defined in paragraph (h)(6)(i)

of this section, have forebears born on

the Reservation and were resident on

the Reservation for 15 years prior to

June 2, 1953;

(D) Persons of at least

⁄

degree In-

dian blood, born after October 1, 1949,

and before August 9, 1963, to a parent

who is or would have been, when alive

a qualified Indian of the Reservation

under the standards in paragraphs

(h)(4)(i) (A), (B) and (C) of this section,

or has previously been held entitled to

recover in the Short cases;

(E) Persons born on or after August 9,

1963, who are of at least

⁄

degree In-

dian blood, derived exclusively from

the qualified parent or parents who is

or would have been, when alive, a

qualified Indian of the Reservation

under the standards in paragraphs

(h)(4)(i) (A), (B) and (C) of this section,

or has previously been held entitled to

recover in the Short cases; or

(ii) Manifest Injustice Standard

which is: Persons who do not qualify

under the standards in paragraph

(h)(4)(i) of this section, but who it

would be manifestly unjust to exclude

from enrollment. To qualify under the

manifest injustice standard, persons

must adequately demonstrate all of the

following:

(A) A significant degree of Indian

blood (at least

⁄

degree Indian blood,

and

(B) Personal connections to the Res-

ervation shown through a substantial

period of residence on the Reservation

(nearly ten years of residence), and

Reservation and/or ties to the land

through a lineal ancestor; and

(5) Who file or have filed on their be-

half application forms for enrollment

with the Superintendent, Northern

California Agency, Bureau of Indian

Affairs, P.O. Box 494879, Redding, Cali-

fornia 96049, by April 10, 1989. Applica-

tions filed after that date will not be

considered for inclusion on the roll re-

gardless of whether the applicant oth-

erwise meets the qualifications for en-

rollment, except for plaintiffs deter-

mined to be an ‘‘Indian of the Reserva-

tion’’ in the Short cases, who will, if

they otherwise meet the requirements

of the Act, be included on the roll.

(6) As used in paragraph (h) of this

section:

(i) Reservation blood means the blood

of the following tribes or bands: Yurok;

Hoopa/Hupa; Grouse Creek; Hunstand/

Hoonsotton/Hoonsolton; Miskut/

Miscotts/Miscolts; Redwood/Chilula;

Saiaz/Nongatl/Siahs; Sermaltion;

South Fork; Tish-tang-atan; Karok;

Tolowa; Sinkyone/Sinkiene; Wailake/

Wylacki; Wiyot/Humboldt; and Wintun.

(ii) Short cases means the cases enti-

tled Jessie Short et al. v. United States,

(Cl. Ct. No. 102–63); Charlene Ackley v.

United States, (Cl. Ct. No. 460–78); Bret

Aastadt v. United States, (Cl. Ct. No. 146–

85L); and Norman Giffen v. United States,

(Cl. Ct. No. 746–85L).

(i) [Reserved]

(j) Coquille Tribe of Indians. (1) Pursu-

ant to section 7 of the Coquille Res-

toration Act of June 28, 1989, Pub. L.

101–42, a tribal membership roll is to be

prepared comprised of persons of

Coquille Indian ancestry:

(i) Who were born on or before and

living on June 28, 1989;

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25 CFR Ch. I (4–1–01 Edition)

§ 61.4

(ii) Who possess at least one-eighth

(

⁄

) degree or more Indian blood;

(iii) Who are not enrolled members of

another federally recognized tribe; and

(iv) Whose names were listed on the

Coquille roll prepared pursuant to the

Act of August 30, 1954 (68 Stat. 979; 25

U.S.C. 771), and approved by the Bureau

of Indian Affairs on August 29, 1960;

(v) Whose names were not listed on

but who met the requirements to be

listed on the Coquille roll prepared

pursuant to the Act of August 30, 1954,

and approved by the Bureau of Indian

Affairs on August 29, 1960; or

(vi) Who are lineal descendants of

persons, living or dead, identified in

paragraphs (j)(1)(iv) and (j)(1)(v) of this

section.

(2) To establish eligibility for inclu-

sion on the tribal membership roll, all

persons must file an application form

with the Superintendent, Siletz Agen-

cy, Bureau of Indian Affairs, P.O. Box

539, Siletz, Oregon 97380 by January 10,

1991. Application forms filed after that

date will be rejected for inclusion on

the roll being prepared for failure to

file on time regardless of whether the

applicant otherwise meets the quali-

fications for enrollment.

(3) For the purposes of establishing

eligibility under paragraph (j) of this

section, any available evidence estab-

lishing Coquille ancestry and the re-

quired degree of Indian blood shall be

accepted. However, information shown

on the Coquille roll prepared pursuant

to the Act of August 30, 1954, shall be

accepted as conclusive evidence of

Coquille ancestry and blood degree in-

formation shown on the January 1,

1940, census roll of nonreservation Indi-

ans of the Grand Ronde-Siletz Agency

shall be accepted as conclusive evi-

dence in determining degree of Indian

blood for applicants.

(4) For the purposes of establishing

eligibility under paragraph (j) of this

section, persons who may be enrolled

members of another federally recog-

nized tribe or tribes may submit a con-

ditional relinquishment of membership

document in the other tribe or tribes

with their application forms. A condi-

tional relinquishment of membership

document in the other tribe or tribes

with their application forms. A condi-

tional relinquishment will be accepted

by the Superintendent only if it is exe-

cuted by the person himself or herself

unless the person is legally incom-

petent, in which case the legal guard-

ian and only the legal guardian may

execute the conditional relinquishment

document. In the case of minors, only

the parent or legal guardian may exe-

cute a conditional relinquishment doc-

ument.

(k)–(q) [Reserved]

(r) Mdewakanton and Wahpakoota

Tribe of Sioux Indians. (1) All lineal de-

scendants of the Mdewakanton and

Wahpakoota Tribe of Sioux Indians

who were born on or prior to and were

living on October 25, 1972, whose names

or the name of a lineal ancestor ap-

pears on any available records and rolls

acceptable to the Secretary of the Inte-

rior and who are not members of the

Flandreau Santee Sioux Tribe of South

Dakota, the Santee Sioux Tribe of Ne-

braska, the Lower Sioux Indian Com-

munity at Morton, Minn., the Prairie

Island Indian Community at Welch,

Minn., or the Shakopee Mdewakanton

Sioux Community of Minnesota shall

be entitled to be enrolled under title I,

section 101(b) of the act of October 25,

1972 (86 Stat. 1168), to share in the dis-

tribution of funds derived from a judg-

ment awarded the Mississippi Sioux In-

dians.

(2) Applications for enrollment must

have been filed with the Director, Ab-

erdeen Area Office, Bureau of Indian

Affairs, 820 South Main Street, Aber-

deen, S. Dak. 57401, and must have been

received no later than November 1,

1973. Applications received after that

date will be denied for failure to file in

time regardless of whether the appli-

cant otherwise meets the requirements

for enrollment.

(3) Each application for enrollment

with any of the tribes named in para-

graph (r)(1) of this section which may

be rejected by the tribes shall be re-

viewed by the Director to determine

whether the applicant meets the re-

quirements for enrollment as a de-

scendant of the Mdewakanton and

Wahpakoota Tribe of Sioux Indians

under paragraph (r)(1) of this section.

Each rejection notice issued by the

tribes shall contain a statement to the

effect that the application is being

given such review.

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Bureau of Indian Affairs, Interior

§ 61.4

(s) Sisseton and Wahpeton Mississippi

Sioux Tribe. (1) Persons meeting the cri-

teria in this paragraph are entitled to

enroll under 25 U.S.C. 1300d–3(b) to

share in the distribution of certain

funds derived from a judgment awarded

to the Mississippi Sioux Indians. To be

eligible a person must:

(i) Be a lineal descendent of the

Sisseton and Wahpeton Mississippi

Sioux Tribe;

(A) Those individuals who applied for

enrollment before January 1, 1998, and

whose applications were approved by

the Aberdeen Area Director before that

same date, are deemed to appear in

records and rolls acceptable to the Sec-

retary or have a lineal ancestor whose

name appears in these records;

(B) Those individuals who apply for

enrollment after January 1, 1998, or

whose application was not approved by

the Aberdeen Area Director before that

same date, must be able to trace ances-

try to a specific Sisseton or Wahpeton

Mississippi Sioux Tribe lineal ancestor

who was listed on:

(1) The 1909 Sisseton and Wahpeton

annuity roll;

(2) The list of Sisseton and Wahpeton

Sioux prisoners convicted for partici-

pating in the outbreak referred to as

the ‘‘1862 Minnesota Outbreak’’;

(3) The list of Sioux scouts, soldiers,

and heirs identified as Sisseton and

Wahpeton Sioux on the roll prepared

under the Act of March 3, 1891 (26 Stat.

989 et seq., Chapter 543); or

(4) Any other Sisseton or Wahpeton

payment or census roll that preceded a

roll referred to in paragraphs

(s)(1)(i)(B)(1), (2), or (3) of this section.

(ii) Be living on October 25, 1972;

(iii) Be a citizen of the United States;

(iv) Not be listed on the membership

rolls for the following tribes:

(A) The Flandreau Santee Sioux

Tribe of South Dakota;

(B) The Santee Sioux Tribe of Ne-

braska;

nity at Morton, Minnesota;

(D) The Prairie Island Indian Com-

munity at Welch, Minnesota;

(E) The Shakopee Mdewakanton

Sioux Community of Minnesota;

(F) The Spirit Lake Tribe (formerly

known as the Devils Lake Sioux of

North Dakota);

(G) The Sisseton-Wahpeton Sioux

Tribe of South Dakota; or

(H) The Assiniboine and Sioux Tribes

of the Fort Peck Reservation.

(v) Not be listed on the roll of

Mdewakantan and Wahpakoota lineal

descendants prepared under 25 U.S.C.

1300d–1(b).

(2) The initial enrollment application

period that closed on November 1, 1973,

is reopened as of May 24, 1999. The ap-

plication period will remain open until

further notice.

(t)–(v) [Reserved]

(w) Lower Skagit Tribe of Indians. (1)

All persons of Lower Skagit ancestry

born on or prior to and living on Feb-

ruary 18, 1975, who are lineal descend-

ants of a member of the tribe as it ex-

isted in 1859 based on the 1919 Roblin

Roll and other records acceptable to

the Assistant Secretary, shall be enti-

tled to have their names placed on the

roll, to be prepared and used as the

basis to distribute the judgment funds

awarded the Lower Skagit Tribe in In-

dian Claims Commission docket 294.

Proof of Upper Skagit ancestry will not

be acceptable as proof of Lower Skagit

ancestry.

(2) Applications for enrollment must

have been filed with the Super-

intendent, Puget Sound Agency, Bu-

reau of Indian Affairs, 3006 Colby Ave-

nue, Everett, Washington 88201, and

must have been received by close of

business on May 31, 1977. Applications

received after that date will be denied

for failure to file in time regardless of

whether the applicant otherwise meets

the requirements for enrollment.

(3) Payment of shares will be made in

accordance with parts 87 and 115 of this

chapter.

(x) Kikiallus Tribe of Indians. (1) All

persons of Kikiallus ancestry born on

or prior to and living on February 18,

1975, who are lineal descendants of a

member of the tribe as it existed in

1859 based on the 1919 Roblin Roll and

other records acceptable to the Assist-

ant Secretary, shall be entitled to have

their names placed on the roll, to be

prepared and used as the basis to dis-

tribute the judgment funds awarded

the Kikiallus Tribe in Indian Claims

Commission docket 263.

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Page 7

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25 CFR Ch. I (4–1–01 Edition)

§ 61.5

(2) Applications for enrollment must

have been filed with the Super-

intendent, Puget Sound Agency, Bu-

reau of Indian Affairs, 3006 Colby Ave-

nue, Everett, Washington 98021, and

must have been received by close of

business on May 31, 1977. Applications

received after that date will be denied

for failure to file in time regardless of

whether the applicant otherwise meets

the requirements for enrollment.

(3) Payment of shares will be made in

accordance with parts 87 and 115 of this

chapter.

(y) Swinomish Tribe of Indians. (1) All

persons of Swinomish ancestry born on

or prior to and living on December 10,

1975, who are lineal descendants of a

member of the tribe as it existed in

1859 based on the 1919 Roblin Roll and

other records acceptable to the Assist-

ant Secretary, shall be entitled to have

their names placed on the roll, to be

prepared and used as the basis to dis-

tribute the judgment funds awarded

the Swinomish Tribe in Indian Claims

Commission docket 233.

(2) Application for enrollment must

have been filed with the Super-

intendent, Puget Sound Agency, Bu-

reau of Indian Affairs, 3006 Colby Ave-

nue, Everett, Washington 98201, and

must have been received by close of

business on May 31, 1977. Applications

received after that date will be denied

for failure to file in time regardless of

whether the applicant otherwise meets

the requirements for enrollment.

(3) Payment of shares will be made in

accordance with parts 87 and 115 of this

chapter.

(z) Samish Tribe of Indians. (1) All per-

sons of Samish ancestry born on or

prior to and living on December 10,

1975, who are lineal descendants of a

member of the tribe as it existed in

1859 based on any records acceptable to

the Secretary, shall be entitled to have

their names placed on the roll to be

prepared and used as the basis to dis-

tribute the judgment funds awarded

the Samish Tribe in Indian Claims

Commission docket 261.

(2) Applications for enrollment must

have been filed with the Super-

intendent, Puget Sound Agency, Bu-

reau of Indian Affairs, 3006 Colby Ave-

nue, Everett, Washington 98201, and

must have been received by close of

business on May 31, 1977. Applicants re-

ceived after that date will be denied for

failure to file in time regardless of

whether the applicant otherwise meets

the requirements for enrollment.

(3) Payment of shares will be made in

accordance with parts 87 and 115 of this

chapter.

[50 FR 46430, Nov. 8, 1985, as amended at 53

FR 11272, Apr. 6, 1988; 54 FR 14193, Apr. 7,

1989; 55 FR 7494, Mar. 2, 1990; 55 FR 41519, Oct.

12, 1990; 56 FR 10806, Mar. 14, 1991; 64 FR 19898,

Apr. 23, 1999]

§ 61.5

Notices.

(a) The Director or Superintendent

shall give notice to all Directors of the

Bureau of Indian Affairs and all Super-

intendents within the jurisdiction of

the Director, of the preparation of the

roll for public display in Bureau field

offices. Reasonable efforts shall be

made to place notices for public dis-

play in community buildings, tribal

buildings, and Indian centers.

(b) The Director or Superintendent

shall, on the basis of available resi-

dence data, publish, and republish

when advisable, notices of the prepara-

tion of the roll in appropriate locales

utilizing media suitable to the cir-

cumstances.

shall, when applicable, mail notices of

the preparation of the roll to previous

enrollees or tribal members at the last

address of record or in the case of trib-

al members, the last address available.

(d) Notices shall advise of the prepa-

ration of the roll and the relevant pro-

cedures to be followed including the

qualifications for enrollment and the

deadline for filing application forms to

be eligible for enrollment. The notices

shall also state how and where applica-

tion forms may be obtained as well as

the name, address, and telephone num-

ber of a person who may be contacted

for further information.

§ 61.6

Application forms.

(a) Application forms to be filed by or

for applicants for enrollment will be

furnished by the Director, Super-

intendent, or other designated persons,

upon written or oral request. Each per-

son furnishing application forms shall

keep a record of the names of individ-

uals to whom forms are given, as well

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