Code of Federal Regulations: 1985-1999

(a) Where it appears to the coordimator, based upon review of records within the office of the Area Director and the office of the Enrollment Coordinator, or based upon information otherwise available to him, that a person who has been placed on the roll of Alaska Natives may be ineligible under the provisions of section 5, Alaska Native Claims Settlement Act and this part for inclusion on the roll, the coordinator shall cause to be made such investigation as is necessary to determine whether the person is eligible to be on the roll of Alaska Natives.

(b) Where the coordinator concludes that the enrollment of a person as an Alaska Native was improper under the provisions of section 5, Alaska Native Claims Settlement Act and this part he shall initiate a contest by filing a complaint with the Office of Hearings and Appeals, 4015 Wilson Boulevard, Arlington, Virginia 22203. The procedures governing disenrollment contests are contained in 43 CFR, Part 4, Subpart K.

(c) With respect to any enrollment pursuant to section 5 of the Alaska Native Claims Settlement Act of 1971, Pub. L. 92-203, no contest may be initiated by the coordinator after July 31, 1977. With respect to any enrollment pursuant to the Alaska Native Claims Settlement Act as amended on January 2, 1976 (Pub. L. 94-204), to provide for the late enrollment of certain Natives, no contest may be initiated by the coordinator after January 2, 1978.

(d) All disenrollment contests which have been filed, pursuant to this part as of the date of promulgation of these regulations shall be reviewed by the Coordinator together with the Regional Solicitor.

(e) Following the review of disenrollmeut contests prescribed by § 43h.15(d), the Coordinator and the Regional Solicitor shall continue to contest an individual's enrollment only where the complaint already filed states one of the following as grounds for that individual's disenrollment: That such person died before or was born after December 18, 1971, or was enrolled in the Metlakatla Indian Community as of April 1, 1970, or has no Native ancestry, or is not a United States citizen either by birth or naturalization. Except that, if the complaint states "less than 4 Native blood" as the grounds for disenrollment, but the contestee in fact, has no Native ancestry, the contest may be resumed and the complaint amended to read "no Native ancestry" as the grounds for disenrollment. Furthermore, if the grounds currently stated or other information included on the face of the complaint and the statement of reasons attached thereto clearly indicate that a person has been incorrectly placed on the roll as a result of that person's fraudulent conduct (within the meaning of 18 U.S.C. 1001), the contest may be resumed and the complaint amended to state fraudulent conduct as the grounds for disenrollment.

(f) The Coordinator and the Regional Solicitor shall proceed immediately to withdraw or dismiss all other pending enrollment complaints with notices to all parties, except that any contestee whose original enrollment was protested by a regional or village corporation at the time of the contestee's enrollment shall provide to the Coordinator an affidavit from the protesting corporation as to the contestee's eligibility before the Coordinator shall withdraw the complaint against such persons. The Coordinator shall immediately notify all such contestees who were originally protested by a village or regional corporation, that they must provide such an affidavit by Oc

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and supporting documents by first class mail which is neither certified nor registered. Service will be considered to have been made at the time: (1) Of acknowledgment; (2) of personal service; (3) of delivery by certified or registered mail, return receipt requested; (4) seven (7) days after the date of mailing by first class mail which is neither certified nor registered; or (5) seven (7) days after the date of mailing by certified or registered mail, return receipt requested, which is returned by the Postal Service undelivered. Within 15 days of filing the appeal petition with the Enrollment Coordinating Office, proof of service must be furnished to the Re gional Solicitor by the Coordinator. This proof may be made by informing the Regional Solicitor in writing of the names of the parties served; whether service was made personally or by certified, registered, or first class mail which was neither certified nor registered; and the address, if mailed, to which copies of the appeal petition and supporting documents were sent.

(e) A party served with a copy of an appeal petition and supporting documents shall have 20 days from the date of service in which to file written views on the appeal with the Regional Solicitor.

(f) Upon receipt of an appeal petition, the Coordinator will forward the petition, with all records pertaining thereto, to the Regional Solicitor. Determination on appeals will be made by the Regional Solicitor on behalf of the Secretary and shall be final. The applicant and the appropriate village and regional corporation shall be notified in writing of the determination of the Regional Solicitor.

[41 FR 32422, Aug. 3, 1976]

§ 43h.9 Preparation, certification, approval and amendment of the roll.

(a) The Alaska Native Roll shall be prepared by the Enrollment Coordinating Office, and shall contain for each enrollee his or her name, Social Security number, last known address, sex, date of birth, degree of Alaska Native blood or other basis for determining eligibility, permanent residence as of April 1, 1970, and the vil

lage and/or region in which he or she is enrolled.

(b) The roll approved December 17, 1973, subject to appeals and the legal determinations shall be maintained by the Enrollment Coordinating Office, and shall be amended from time to time as necessary to correct errors to show changes in names, addresses, place of enrollment, or other information entitled to recognition, to reflect determinations of eligibility and ineligibility, and for such other purposes as may be required.

[41 FR 32423, Aug. 3, 1976]

§ 43h.10 Establishment of a 13th Region.

(a) Effective October 1, 1975, by Secretarial Order No. 2980, there was established a 13th region for the benefit of Alaska Natives who are not perma. nent residents of Alaska and who elected to be enrolled therein. Order No. 2980 was issued pursuant to an order entered on December 30, 1974, in th consolidated cases entitled Alaska Native Association of Oregon, et al., v. Morton, et al., and Alaska Federation of Natives International, et al., v. Morton, et al., Civil Nos. 2133-73 and 2141-73, in the United States District Court for the District of Columbia, and as provided by Section 7(c) of the Act.

(b) Nonresidents of Alaska who are eligible for enrollment pursuant to applications submitted under authority of Section 1 of the Act of January 2, 1976, 89 Stat. 1145, Pub. L. 94-204, may be enrolled in the 13th region or in the appropriate region in Alaska as provided in § 43h.4.

[41 FR 32423, Aug. 3, 1976]

§ 43h.11 Metlakatla Community members. No person who was enrolled in the Metlakatla Indian Community of the Annette Islands Reserve as of April 1, 1970, shall be eligible for enrollment under this Part.

[41 FR 32423, Aug. 3, 1976]

§ 43h.12 Special instructions.

To facilitate the work of the Area Director, the Commissioner may issue special instructions not inconsistent with the regulations in this part.

(a) Where it appears to the coordinator, based upon review of records within the office of the Area Director and the office of the Enrollment Coordinator, or based upon information otherwise available to him, that a person who has been placed on the roll of Alaska Natives may be ineligible under the provisions of section 5, Alaska Native Claims Settlement Act and this part for inclusion on the roll, the coordinator shall cause to be made such investigation as is necessary to determine whether the person is eligible to be on the roll of Alaska Natives.

(e) Following the review of disenrollment contests prescribed by § 43h.15(d), the Coordinator and the Regional Solicitor shall continue to contest an individual's enrollment only where the complaint already filed states one of the following as grounds for that individual's disenrollment: That such person died before or was born after December 18, 1971, or was enrolled in the Metlakatla Indian Community as of April 1, 1970, or has no Native ancestry, or is not a United States citizen either by birth or naturalization. Except that, if the complaint states "less than 4 Native blood" as the grounds for disenrollment, but the contestee in fact, has no Native ancestry, the contest may be resumed and the complaint amended to read "no Native ancestry" as the grounds for disenrollment. Furthermore, if the grounds currently stated or other information included on the face of the complaint and the statement of reasons attached thereto clearly indicate that a person has been incorrectly placed on the roll as a result of that person's fraudulent conduct (within the meaning of 18 U.S.C. 1001), the contest may be resumed and the complaint amended to state fraudulent conduct as the grounds for disenrollment.

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tober 1, 1978, or the disenrollment contest against them will be resumed, regardless of whether the grounds fall within those specified in paragraph (e) of this section.

(g) In any case where the Coordinator and the Regional Solicitor resumes a disenrollment contest by amending the complaint to state no Native ancestry or fraudulent conduct as the grounds, and where a hearing was already held on the original disenrollment complaint, the Administrative Law Judge may order a second hearing if he or she feels such hearing is necessary to acquire better evidence on the amended grounds for disenrollment.

(h) The Regional Solicitor and Coordinator shall complete all reviews called for by § 43h.15(d) no later than October 1, 1978.

(i) For purposes of § 43h.15(e) the Coordinator and Regional Solicitor shall proceed against an individual on grounds that he is not a United States citizen only after they have investigated and satisfied themselves that the contestee has not been naturalized in any state and that the contestee is not a United States citizen by birth or in accordance with the appropriate immigration and naturalization laws. A prior ruling by the Regional Solicitor that an individual was a United States citizen shall be conclusive and the disenrollment complaint shall be dismissed or withdrawn immediately.

[41 FR 13352, Mar. 30, 1976, as amended at 43 FR 26442, June 20, 1978; 43 FR 29115, July 6, 1978]

PARTS 43i-43j [RESERVED]

PART 43k-REVISION OF THE FINAL ROLL OF THE MENOMINEE TRIBE OF WISCONSIN

§ 43k.14 Current membership roll.

The membership roll of the tribe shall be kept current until such time as the tribe assumes responsibility for the roll by striking therefrom the names of persons who have relinquished in writing their membership in the tribe and of deceased persons upon receipt of a death certificate or other evidence of death acceptable to

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

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

(d) "Living" means born on or prior to and living on February 18, 1975.

(e) "Plan" means the plan for the use and distribution of the Warm Springs judgment funds which was prepared pursuant to the Act of October 19, 1973 (87 Stat. 466), and which became effective February 18, 1975.

§ 431.2 Purpose.

The regulations in this part are to govern the compilation of a roll of certain members of the Confederated Tribes of the Warm Springs Reserva

tion living on February 18, 1975, which roll shall be used for the distribution of the judgment awarded the Warm Springs Tribes by the Indian Claims Commission in Docket 198.

§ 431.3 Qualifications for enrollment.

All persons who meet the following requirements for eligibility shall be entitled to be enrolled to share in the distribution of the judgment funds awarded the Warm Springs Tribe in Indian Claims Commission Docket 198: (a) They were born prior to and living on February 18, 1975.

(b) They are enrolled members of the Warm Springs Tribes and their names appear on the March 1, 1975, tribal membership roll with the specification that the names of those persons who died subsequent to February 18, 1975, but whose names appeared on the February 1, 1975, roll shall be added to the roll being prepared.

(c) They have not shared in the distribution of the judgment awarded to the Malheur Paiutes under the provisions of the Act of August 20, 1964 (78 Stat. 563), or have not received per capita payments from any other judgments of the Indian Claims Commission and have not received payments under the provisions of the Alaska Native Settlement Act of December 18, 1971 (85 Stat. 688).

§ 431.4 Preparation, publication and display of proposed roll.

The Director shall prepare, with the assistance of the Warm Springs Tribes, a proposed roll of members of the tribes who meet the requirements spcified in § 431.3. Such roll shall contain for each person a roll number, name, sex, date of birth, date of death if applicable, tribal derivation and degree of blood of each tribe. The proposed roll shall be placed on public display for 30 days at the Warm Springs Agency, community building, local post offices, Portland Area Office and other Bureau offices in the Washington-Oregon area.

§ 437.5 Appeals.

Any person who believes he is eligible for enrollment to share in the judgment funds, or a representative of

such person, may within 30 days from the date of posting file an appeal with the Secretary contesting the inclusion or omission of the name of any person on or from such proposed roll in accordance with the procedures provided in this Part.

§ 431.6 Filing appeals.

The appeal shall be in writing addressed to the Secretary but mailed to the Director and must be received by the Director before the close of business on the thirtieth (30) day after the posting of the proposed roll.

§ 431.7 Supporting Evidence.

The appeal may be accompanied by any supporting evidence, relied upon as a basis for the appeal, including copies of Bureau or tribal records having a direct bearing on the appellant's contentions. The appellant may furnish affidavits from persons having personal knowledge of the facts at issue. The appellant may request additional time to submit supporting evidence. A period considered reasonable for such submissions may be granted by the official receiving the appeal. The burden of proof of establishing the improper inclusion or omission of any name is on the appellant.

§ 431.8 Action by the Director.

If after review of the evidence the Director is satisfied that the omission of any name is improper and eligibility has been established, the appellant shall be so notified in writing and his name entered on the roll. If the Director determines the appellant is ineligible or inclusion of the name is improper, he shall so notify the appellant and shall forward the appeal, together with the complete record and his recommendation thereon, to the Commissioner for final determination.

§ 431.9 Decision of the Commissioner on appeals.

The Commissioner shall consider the record as presented, together with such additional information as he may consider pertinent. Any such additional information shall be specifically identified in his decision. The decision of the Commissioner on an appeal

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