(u) Fort Sill Apache Tribe: (1) All persons who meet the following requirements shall be entitled to be enrolled to share in the distribution of the Fort Sill Apache Tribe's share of the judgment funds awarded the Chiricahua Apache Indians in Indian Claims Commission Dockets 30, 30-A, 48, and 48-A:

(i) They are persons of Fort Sill Apache blood living on March 16, 1975, who remained in Oklahoma after being released as prisoners of war in 1913 and received land pursuant to the Acts of August 24, 1912 (37 Stat. 534), June 30, 1913 (38 Stat. 94), September 21, 1922 (42 Stat. 991), or January 22, 1923 (42 Stat. 1154); or

(ii) They were born on or prior to and were living on March 16, 1975, possess at least one-eighth (%) degree Fort Sill Apache blood and are lineal descendants of persons of Fort Sill Apache blood who remained in Oklahoma after being released as prisoners of war in 1913 and received land pursuant to one of the Acts designated in (i) above, regardless of whether such ancestor is living or deceased.

(2) No person who is entitled to benefit from the share of the judgment funds due the Mescalero Apache Tribe by virtue of their membership in that tribe shall be entitled to share in the portion of the judgment funds that are due the Fort Sill Apache Tribe.

(3) Applications for enrollment must be filed with the Area Director, Bureau of Indian Affairs, Post Office Box 368, Anadarko, Oklahoma 73005, and must be received by the Director no later than close of business on August 29, 1975.

(v) Cherokee Nation of Oklahoma. (1) Living Cherokee enrollees will be entitled to be enrolled to receive a share of the one million dollars of the judgment fund principal to be distributed in accordance with the plan for the use and distribution of the judgment funds awarded the Cherokee Nation of Oklahoma in Indian Claims Commission Docket 173-A. Living Cherokee enrollees are defined as persons who were alive on November 5, 1975, whose names appear on one of the following final rolls:

(i) Cherokees by Blood, approved March 4, 1907;

(ii) Cherokees by Blood, approved August 1, 1914;

(iii) Cherokees by Blood, minor children (1907);

(iv) Cherokees by Intermarriage (1907);

(v) Cherokee Freedmen, approved March 4, 1907;

(vi) Cherokee Freedmen, approved August 1, 1914;

(vii) Cherokee Freedmen, minor children (1907).

(2) Application forms for enrollment may be obtained from the Area Director, Muskogee Area Office, Bureau of Indian Affairs, Federal Building, Muskogee, Oklahoma 74401. Completed applications must be filed with the Area Director by close of business on November 5, 1975.

(3) Shares of enrollees who have died since November 5, 1975, shall be paid pursuant to 25 CFR Part 16.

(w) Lower Skagit Tribe of Indians. (1) All persons of Lower Skagit 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 Commissioner, shall be entitled 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 Indian Claims Commission docket 294. Proof of Upper Skagit ancestry will not be acceptable as proof of Lower Skagit ancestry.

(2) Applications for enrollment must be filed with the Superintendent, Western Washington Agency, Bureau of Indian Affairs, 3006 Colby Avenue, Everett, Washington 98201, and must be received by close of business six months from the date of publication of the final regulations in the FEDERAL REGISTER. 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 60 and 104 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 Commissioner, shall be entitled to have their names placed on the roll, to be prepared and used as the basis to distribute the judgment funds awarded the Kikiallus Tribe in Indian Claims Commission docket 263.

(2) Applications for enrollment must be filed with the Superintendent, Western Washington Agency, Bureau of Indian Affairs, 3006 Colby Avenue, Everett, Washington 98201, and must be received by close of business six months from the date of publication of the final regulations in the FEDERAL REGISTER. 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 60 and 104 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 Commissioner, shall be entitled to have their names placed on the roll, to be prepared and used as the basis to distribute the judgment funds awarded the Swinomish Tribe in Indian Claims Commission docket 233.

(2) Applications for enrollment must be filed with the Superintendent, Western Washington Agency, Bureau of Indian Affairs, 3006 Colby Avenue, Everett, Washington 98201, and must be received by close of business six months from the date of publication of the final regulations in the FEDERAL REGISTER. 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 60 and 104 of this chapter.

(z) Samish Tribe of Indians. (1) All persons 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 Commissioner, shall be entitled to have their names placed on the roll to be prepared and used as the basis to distribute the judgment funds awarded the Samish Tribe in Indian Claims Commission docket 261.

(2) Applications for enrollment must be filed with the Superintendent, Western Washington Agency, Bureau of Indian Affairs, 3006 Colby Avenue, Everett, Washington 98201, and must be received by close of business six months from the date of publication of the final regulations in the FEDERAL REGISTER. 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 60 and 104 of this chapter.

(aa) Apache Tribe of Oklahoma. (1) For the purpose of preparing a roll of members of the Apache Tribe of Oklahoma to be used as the basis for distributing funds derived from a judgment awarded in Indian Claims Commission Dockets 257 and 259-A the following persons shall be included as members, provided they were born on or prior to and living on June 8, 1976, and provided further they have not received land or money by virtue of being enrolled as members of another tribe:

(i) All persons of Apache Indian or captive blood who received an allotment of land as members of the Apache Tribe under the Act of June 6, 1900 (31 Stat. 672), and subsequent Acts, shall be included as fullblood members of the Apache Tribe of Oklahoma.

(ii) All living direct descendants by blood of allottees, including captives, eligible for membership under the provisions of paragraph (aa)(1)(i) of this section (i) who possess at least onefourth (4) degree Apache Indian or captive blood, as defined and derived from paragraph (aa)(1)(i) of this sec

tion provided they file an application for enrollment.

(2) Applications for enrollment as members of the Apache Tribe of Oklahoma to share in the per capita distribution of the judgment funds must be filed with the Area Director, Bureau of Indian Affairs, Post Office Box 368, Anadarko, Oklahoma 73005, and must be received by the Director no later than close of business September 10, 1976.

(3) Appeals from rejected applications shall be handled in accordance with Part 42 of this Chapter.

(bb) Cherokee Band of Shawnee Indians. (1) All persons of Cherokee Shawnee ancestry born on or prior to and living on March 5, 1976, who are lineal descendants, except members of the Absentee Shawnee Tribe of Oklahoma, of the Shawnee Tribe of Oklahoma, of the Shawnee Nation as it existed in 1854, shall be entitled to have their names placed on the roll, based on the roll of Cherokee Shawnee compiled pursuant to the Act of March 2, 1889 (25 Stat. 994), and any other records acceptable to the Commissioner to be prepared and used as the basis to distribute that portion of the judgment funds awarded the Absentee Shawnee Tribe of Oklahoma (on behalf of the Shawnee Nation) in Indian Claims Commission docket 334B, which have been set aside for the Cherokee Band of Shawnee Indians of Oklahoma.

(2) Applications for enrollment must be filed with the Area Director, Muskogee Area Office, Bureau of Indian Affairs, Muskogee, Oklahoma 74401, and must be received by close of business six months from the date of publication of the final regulations in the FEDERAL REGISTER. 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.

[31 FR 16565, Dec. 28, 1966, as amended at 32 FR 5621, Apr. 6, 1967; 32 FR 10058, July 8. 1967; 32 FR 12790, Sept. 7. 1967; 32 FR 15471, Nov. 7, 1967; 32 FR 16099, Nov. 23, 1967; 33 FR 18154, Dec. 6, 1968; 33 FR 19174, Dec. 24. 1968; 35 FR 14394, Sept. 12, 1970; 35 FR 17840, Nov. 20, 1970; 36 FR 8366, May 5, 1971; 36 FR 19251, Oct. 1, 1971;

37 FR 17028. Aug. 24, 1972; 38 FR 9588, Apr. 18, 1973; 38 FR 11085, May 4, 1973; 38 FR 13737, May 25, 1973; 40 FR 17022, Apr. 16, 1975; 40 FR 27444, June 30, 1975; 41 FR 5387, Feb. 6, 1976; 41 FR 33556, Aug. 8, 1976; 41 FR 52453, Nov. 30, 1976; 41 FR 54487, Dec. 14, 1976; 42 FR 8140, Feb. 9, 1977]

§ 41.4 Application forms.

(a) Application forms will be furnished by the Director, Superintendent or other designated persons upon written or oral request. Each person furnishing application forms shall keep a record of the names of the individuals to whom applications are given, as well as the control numbers of the forms and the date furnished. Instructions for completing and filing applications shall be furnished with each form. The form shall indicate prominently the deadline for filing the application.

(b) Among other information, each application shall contain:

(1) Certification as to whether application is for a natural child or an adopted child of the parent through whom eligibility is claimed.

(2) If the application is filed by a sponsor, the name, address, and relationship of sponsor to the applicant.

(3) A control number for the purpose of keeping a record of applications furnished interested individuals.

§ 41.5 Filing of applications.

(a) Any person who desires to be enrolled and believes he meets the requirements for enrollment specified in the regulations of this part must file or have filed in his behalf a completed application form with the Director, Superintendent, or other designated person on or before the deadline specified in § 41.3. Except as provided in paragraph (b) of this section, written application forms for minors, mentally incompetent persons or other persons in need of assistance, members of the Armed Services or other services of the U.S. Government and/or any members of their immediate families stationed in Alaska, Hawaii, or elsewhere outside the Continental United States, or a person who died after the date of the act, may be filed by the

sponsor on or before the specified deadline.1

(b) In the preparation of a roll of Tlingit and Haida Indians of Alaska sponsors may file applications on behalf of minors, mentally incompetent persons, or other persons in need of assistance, members of the Armed Services or other services of the United States or Canadian Governments and/or any members of their immediate families stationed outside the limits of Alaska, or a person who died after the date of the act.1

[31 FR 7744, June 1, 1966]

§ 41.6 Burden of proof.

The burden of proof rests upon the applicant to establish his eligibility for enrollment. Documentary evidence such as birth certificates, death certificates, baptismal records, copies of probate findings, or affidavits, may be used to support claim for enrollment. Records of the Bureau of Indian Affairs may be used to establish eligibility.

§ 41.7 Review of applications by tribal authorities.

Whenever practicable the Secretary shall consult with tribal authorities, who shall have 3 months from the deadline for filing applications to examine the applications for the purpose of recommending to the Director approval or rejection of the applications. A recommendation for the rejection of any application shall be supported by a memorandum setting forth the reasons for the adverse recommendation. § 41.8 Action by the Director.

(a) The Director shall consider each application and, when applicable, the tribal recommendation thereon. Upon determination as to the eligibility of an applicant, the Director shall notify the person who filed the application in writing of his decision. If such determination is favorable, the name of the applicant shall be placed on the roll. If the decision is adverse, the person who filed the application shall be notified of such decision by certified mail, to

'Criminal penalties are provided by statute for knowlingly filing false information in such statements, 18 U.S.C. 1001.

be received by addressee only, return receipt requested, together with a full explanation of the reasons therefor and of his right of appeal to the Secretary. (If correspondence is sent outside of the States of the United States, it may be necessary to use registered mail.) If an individual files applications on behalf of more than one person, one notice of eligibility or rejection may be addressed to the person who filed the applications. However, said notice must list the name of each person involved.

(b) To avoid hardship or gross injustice, the Director may waive technical deficiencies in applications or other submissions.

[30 FR 7745, June 16, 1965, as amended by 35 FR 14394, Sept. 12, 1970]

§ 41.9 Appeals.

Appeals from rejected applications must be in writing, and filed pursuant to Part 42 of this subchapter.

§ 41.10 Decision of the Secretary on appeals.

The decision of the Secretary on an appeal shall be final and conclusive, and written notice of the decision shall be given the applicant or sponsor. When so directed by the Secretary, the Commissioner shall cause to be entered on the roll the name of any person whose appeal has been sustained.

§ 41.11 Preparation of roll.

The staff officer shall prepare a minimum of five copies of the roll of those persons determined to be eligible for enrollment. The roll shall contain for each person a roll number, name, address, sex, date of birth, and, when required by law, degree of Indian blood, and, in the remarks column, when applicable, the basic roll number, date of the basic roll, name and relationship of ancestor on the basic roll through whom eligibility was established.

§ 41.12 Certification and approval of roll.

A certificate shall be attached to the roll by the staff officer certifying that to the best of his knowledge and belief the roll contains only the names of

§ 42.1 Definitions.

As used in this Part 42:

(a) "Secretary" means the Secretary of the Interior, or his authorized representative.

(b) "Commissioner" means the Commissioner of Indian Affairs, or his authorized representative.

(c) "Director" means the Area Director, or his authorized representative, of the Bureau of Indian Affairs office which has administrative jurisdiction over the local office responsible for administering the affairs of the tribe.

(d) "Superintendent" means the official or other authorized representative in charge of the local Bureau of Indian Affairs office having immediate administrative jurisdiction over the affairs of the Indian tribe for which a roll is being prepared.

(e) "Field Office" means the local office of the Bureau of Indian Affairs which has responsibility for administering the affairs of the tribe.

(f) "Tribal Committee" means the body of the tribe vested with authority to pass on enrollment matters.

(g) "Constitution" means the written organizational framework for the gov

erning of the tribe and/or any valid enrollment ordinance or resolution a tribe may adopt.

(h) "Sponsor" means a parent, recognized guardian, next friend, next of kin, spouse, executor or administrator of estate, the Director or other person who files an application for enrollment on behalf of another person. § 42.2 Purpose.

The regulations in this Part 42 are for the purpose of establishing the procedure for filing appeals in conjunction with the rejection of any name from a roll of an Indian tribe when final approval thereof rests within the purview of the Secretary either because of provisions in tribal constitutions or specific acts of Congress. The regulations are not to apply in those instances where the procedures for filing appeals by applicants rejected for tribal membership are prescribed in tribal documents.

§ 42.3 Who may appeal.

(a) Any person who has been rejected for enrollment may file or have filed in his behalf an appeal from an adverse enrollment action. The burden of proof of establishing eligibility is on the appellant. Except as provided in paragraph (b) of this section, in the case of minors, mentally incompetent persons or other persons in need of assistance, members of the Armed Services or other services of the U.S. Government and/or any members of their immediate families stationed in Alaska or Hawaii or elsewhere outside the Continental United States, or a person who died after the date of any relevant act, an appeal may be filed by a sponsor. The burden of proof of establishing eligibility is on the appellant.

(b) In the preparation of a roll of Tlingit and Haida Indians of Alaska, the sponsors may file appeals on behalf of minors, mentally incompetent persons or other persons in need of assistance, members of the Armed Services or other services of the United States or Canadian Governments and/or any members of their immediate families stationed outside the limits of Alaska, or a person who died after the date of the act. [31 FR 7745, June 1, 1966]