(d) "Area Director" means the Area Director, Minneapolis Area Office or his authorized representative.

(e) "Superintendent” means the Superintendent of the Michigan Agency. § 43n.2 Purpose.

The regulations in this part govern the preparation of a roll of persons who possess Grand River Ottawa Indian blood to be used to distribute the judgment funds awarded the Grand River Band of Ottawa Indians in Indian Claims Commission Docket 40-K.

§ 43n.3 Qualifications for enrollment.

The roll shall contain the names of persons who meet the following requirements:

(a) They were born on or prior to and living on October 18, 1976;

(b) Their name or the name of a lineal ancestor through whom they claim eligibility appears as a Grand River Ottawa on the roll of the Ottawa and Chippewa Tribe of Michigan, Durant Roll of 1908, containing the Commissioner's recommendation that it be approved except for those persons listed opposite numbers 747, 1331, 2437, 3957, 4462, 4684, 6151, 6273, 6275, 6496, 6525, 7028, 7035 and 7168, and those persons whose names are checked in red pencil, indicating descendants of half-breeds or mixed bloods, and in blue pencil, indicating persons who affiliated with, received rights or were enrolled members of other tribes, approved by the Secretary on February 18, 1910, with the Commissioner's recommendation, or on any available census rolls or other records acceptable to the Secretary;

(c) They possess one-fourth degree or more Grand River Ottawa Indian blood;

(d) They are citizens of the United States; and

(e) They file or have filed in their behalf applications for enrollment within the time specified in § 43n.4.

(f) In the absence of proof to the contrary, for the purposes of determining degree of Grand River Ottawa blood, all persons named as Grand River Ottawas on the Durant Roll of 1908 with the exceptions specified in

paragraphs (b) and (g) of this section shall be considered as possessing 4/4 degree Grand River Ottawa Indian blood.

(g) Children named on the Durant Roll with an indication that one parent is non-Indian will be considered to possess 2 degree Grand River Ottawa Indian blood and children named on the roll with an Indian parent whose spouse is shown as nonIndian will be considered to possess 1/2 degree Grand River Ottawa Indian blood, provided, it can be established the non-Indian spouse is the other parent of the child.

§ 43n.4 Filing of applications and deadline for filing.

(a) Application forms may be obtained from the Superintendent, Michigan Agency, Bureau of Indian Affairs, Sault Ste. Marie, Michigan 47983. Completed applications must be received by the Superintendent by close of business on November 1, 1977.

(b) Applications received after that date will be denied for failure to file in time regardless of whether the applicants otherwise meet the requirements for enrollment.

[42 FR 33286, June 30, 1977]

§ 43n.5 Burden of proof.

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

§ 43n.6 Action by the Superintendent.

The Superintendent must notify rejected applicants by certified mail, addressee only, return receipt requested, explaining the reason for the adverse action and advising them of their right to appeal to the Secretary.

§ 43n.7 Appeals.

Appeals from rejected applicants must be in writing and filed pursuant to Part 42 of this subchapter, a copy of which will be furnished with each notice of rejection.

SOURCE: 43 FR 16175, Apr. 17, 1978, unless otherwise noted.

§ 43p.1 Definitions.

As used in these regulations:

(a) "Act" means the Act of Congress approved November 18, 1977, 95 Stat. 1415, Pub. L. 95-195.

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

(c) "Assistant Secretary" means Assistant Secretary of the Interior for Indian Affairs or his authorized representative.

(d) "Director" means Area Director, Portland Area Office, Bureau of Indian Affairs or his authorized representative.

(e) "Tribe" means the Confederated Tribes of Siletz Indians of Oregon.

(f) "Council" means the Interim Council elected under section 5 of the Act to represent the tribe and its members in implementing the Act.

(g) "Committee" means an Enrollment Committee employed by the Council to assist the Director in the revision of the roll.

(h) "Staff officer" means the Enrollment Officer or other person authorized by the Director to prepare the roll.

(i) "Final membership roll" means the final membership roll of the tribe published on July 20, 1956, on pages 5454-5462 of volume 21 of the FEDERAL REGISTER.

(j) "Living" means born on or prior to and living on the date to be specified in the Director's announcement of the revision of the roll.

(k) "Service area" means Benton, Lane, Lincoln, Linn, Marion, Polk, Tillamook and Yamhill counties in the State of Oregon.

(1) "Sponsor" means a person who files an application for enrollment on behalf of another person. A sponsor may be a parent, recognized guardian, next friend, next of kin, spouse, executor or administrator of estate, or other person.

(m) "Descendants" means those persons who have issued from the ancestor or ancestors through whom enrollment rights are claimed, namely, children, grandchildren, etc. It does not include legally adopted children or col

lateral relatives such as brothers, sis ters, nieces, nephews, cousins, etc.

(n) "Ancestor" means an ancestor. living or deceased, who is related to an applicant by direct ascent, namely. parent, grandparent, etc. It does not include adoptive parents or collateral relatives such as aunts, uncles, etc.

§ 43p.2 Purpose.

The regulations in this part govern the revision of the final membership roll of the tribe under the Act of November 18, 1977, 95 Stat. 1415, Pub. L 95-195.

§ 43p.3 Announcement of revision of the roll.

When the application forms and other necessary documents have been devised and printed, the Director shall announce that the revision of the final membership roll of the tribe shall begin on a date to be specified in the announcement. The date specified shall be not less than fifteen (15) nor more than thirty (30) days from the date the announcement is issued. A press release shall be prepared announcing the date the preparation of the roll shall begin and other pertí- į nent information such as the membership requirements, where application forms may be obtained and when and where they should be filed. The press release shall be distributed to appropriate newspapers and radio stations within the service area of the Siletz Indians with a request that it be given wide publicity. Copies of the press release shall also be sent to all Indian Centers and shall be posted in all Bureau of Indian Affairs installations and at various other public places throughout the service area as well as in appropriate post offices in the towns within and adjacent to the service area.

§ 43p.4 Enrollment Committee.

The Council shall employ either from within or without the membership of the Council, but not from without the membership of the tribe, at least five (5) persons to serve as the enrollment committee. The committee shall assist the staff officer in identifying deceased members named on the

final roll and shall review all applications for enrollment filed in accordance with these regulations and shall recommend to the director approval or rejection of the applicant. If the recommendation is for rejection it shall be supported by a memorandum explaining the reasons for the recommendation. The committee may perform other functions relating to enrollment and membership in the tribe as the Director may request or the council may from time to time direct.

§ 43p.5 Tenure of Enrollment Committee.

The committee shall serve at least until the revision of the final membership roll has been completed but no later than the date that responsibility for the tribal roll is assumed by the tribal governing body.

§ 43p.6 Basic membership roll.

All living persons whose names appear on the final membership roll shall be members of the tribe.

§ 43p.7 Additions to the roll.

There shall be added to the basic membership roll of the tribe the names of all living persons who meet the following qualifications:

(a) They were entitled on August 13, 1954, to be on the final membership roll but their names were not listed on that roll; or

(b) They are descendants of persons whose names appear on the final membership roll or who were entitled to be included on that roll and possess at least 4 degree of blood of members of the tribe or their Siletz Indian ancestors; and

(c) They have filed an application for enrollment in accordance with the procedures set forth in this part.

§ 43p.8 Deletions from the roll.

The name of any person who was not living on the specified date shall be removed from the final membership roll by the Director upon receipt of a death certificate or other evidence of death acceptable to the Secretary. § 43p.9 Application forms.

(a) Application forms will be furnished by the Director, Council, or

committee 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, 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 and the address to which it is to be mailed.

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

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

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

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

§ 43p.10 Filing of applications and deadline for filing.

(a) Any person other than those persons whose names appear on the final membership roll who desires to be enrolled and who believes he meets the requirements for enrollment must file, or have filed in his behalf, a completed application form with the Director within one hundred twenty (120) days from the date specified in the announcement.

(b) Applications for minors, mental incompetents, or other persons in need of assistance may be filed on their behalf by a sponsor, but must be filed within the specified time.

§ 43p.11 Burden of proof.

The burden of proof of eligibility is on the applicant. If the applicant's ancestors through whom eligibility is claimed cannot be identified in the records, the staff officer may request the applicant to furnish whatever additional information and evidence he may consider necessary to determine the applicant's eligibility for enrollment. Failure of the applicant to furnish sufficient information to estab

lish eligibility may be sufficient cause for rejection.

§ 43p.12 Action on applications.

(a) The Director shall consider each application, all documentation and the committee's recommendation. The Director shall accept the recommendations of the committee unless the recommendation is clearly erroneous. If the Director overrules the committee's recommendations, he shall notify the committee of his actions and the reasons therefor. Upon determining the eligibility of an applicant the Director shall notify the person who filed the application in writing of his decision. If the decision is favorable, the name of the applicant shall be placed on the roll. If the decision is not favorable, the person who filed the application shall be notified of the decision by certified mail, to be received by the addressee only, return receipt requested, together with a full explanation of the reasons for the rejection and of his right of appeal to the Secretary. (If correspondence is sent outside 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, the notice must list the name of each applicant involved.

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

§ 43p.13 Posting of names of enrollees.

When action has been taken on all applications filed the Director shall post in prominent places within and adjacent to the service area for review by interested persons a list of names of living persons named on the final membership roll and the names of approved applicants for enrollment. The list shall contain only the name of each enrollee and the name of the ancestor through whom eligibility was established. No other information shall be shown.

§ 43p.14 Protests and appeals.

(a) A member of the Tribe may file a protest with the Secretary with respect to the inclusion of any name on the roll and any person may protest the exclusion of any name from the roll. These protests must be in writing addressed to the Secretary, but mailed to the Area Director, Bureau of Indian Affairs, P.O. Box 3785, Portland, Oreg. 97208, and must be received by the Director before the close of business on the 30th day after the date the list of enrollees is posted as required by § 43.13. The burden of proof shall be on the person filing the protest.

(b) Any person against or for whom a protest has been filed shall be notified by the Director of the protest in writing by certified mail, to be received by the addressee only, return receipt requested, and shall have thirty (30) days from the receipt of such notice to submit additional information or documentation in his own behalf.

(c) Appeals from rejected applicants must be in writing and must be filed under Part 42 of this Chapter, except that all appeals shall be determined by the Secretary within ninety (90) days after an appeal is received.

§ 43p.15 Decisions of the Secretary on protests and appeals.

The decision of the Secretary on a protest or appeal shall be final and written notice of the decision shall be given the applicant, protestor, or sponsor. When so directed by the Secretary, the Director shall have entered on the roll the name of any person whose eligibility has been established or have removed from the roll the name of any person who ineligibility has been proved as the result of a protest or appeal.

§ 43p.16 Preparation of revised roll.

The Director shall prepare a minimum of ten (10) copies of the completed revised roll. The roll shall contain for each person a roll or identification number, name, address, sex, date of birth, degree of Siletz Indian blood, total degree of Indian blood, and the basic membership or other roll number, name and relationship of the