the Director not to be eligible for enrollment against the reports and recommendations of the Enrollment Committee, with a statement of the reasons for his determination.

48.9 Appeals.

If the Director determines that an applicant is not eligible for enrollment in accordance with the provisions of § 48.5 he shall notify the applicant in writing of his determination and the reasons therefor. Such applicant shall then have thirty (30) days from the date of the mailing of the notice to him to file with the Director an appeal from the rejection of his application, together with any supporting evidence not previously furnished. The Director shall forward to the Commissioner the appeal, supporting data, and his recommendation thereon, and the report and recommendation of the Enrollment Committee on the application. § 48.10 Action by the Commissioner.

When upon review the Commissioner is satisfied that the appellant meets the provisions of § 48.5 he shall so notify the appellant in writing, and the Director is authorized to enter his name on the roll. If the Commissioner determines that an appellant is not eligible for enrollment in accordance with the provisions of § 48.5 the appellant shall be notified in writing of his decision and the reasons therefor. The appellant shall then have thirty (30) days from the date of mailing of the notice to file an appeal with the Secretary.

§ 48.11 Action by the Secretary. Roll.

The decision of the Secretary on an appeal shall be final and conclusive and the appellant shall be given written notice of the decision. The Director is authorized to enter on the roll the name of any such person whose appeal has been granted when so directed by the Secretary.

§ 48.12 Preparation and approval of roll.

Upon notice from the Secretary that all appeals have been determined the Director shall prepare in quintuplicate a roll of members of the Band, ar

ranged in alphabetical order. The roll shall contain for each person: Name, address, sex, date of birth, and degree of Indian blood of the Band. The Director shall submit the roll to the Secretary for approval. Four (4) copies of the approved roll shall be returned to the Director who shall make one (1) copy available to the Chairman of the Tribal Council and one (1) copy available to the Chairman of the Enrollment Committee.

§ 48.13 Certificate.

The Director shall affix a certificate to the approved roll, certifying that the roll, to the best of his knowledge and belief, contains only the names of Indians entitled to enrollment with the Band.

§ 48.14 Current membership roll.

The roll shall be kept current by:

(a) Striking therefrom the names of persons who have relinquished in writing their membership in the Band and of deceased persons upon receipt of a death certificate or other evidence of death acceptable to the Director.

(b) By adding thereto the names of children born after January 1, 1959, who ineet the membership requirements set forth in § 48.5.

(c) Corrections to the roll of incorrect dates of birth, degrees of Indian blood, family relationships, etc., may be made by the Director if such corrections are supported by evidence satisfactory to him.

(d) Names of individuals whose en rollment was based on information subsequently determined to be inaccurate may be deleted from the roll, subject to the approval of the Secretary.

(e) It will not be necessary for the Secretary to approve additions, deletions and corrections as covered in paragraphs (a), (b) and (c) of this section. However, before the roll may be used for the distribution of tribal assets it shall be submitted to the Secretary for his final approval.

§ 48.15 Use of approved roll.

Unless otherwise directed by Congress, the approved roll shall be used for all official purposes.

PARTS 49-50 [RESERVED]

§ 52.1 Definitions.

As used in this Part 52:

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

(b) "Secretarial election" means an election held within a tribe pursuant to regulations prescribed by the Secretary.

(c) "Officer in Charge" means the Superintendent, Administrative Officer, or other official of the local unit of the Bureau of Indian Affairs having jurisdiction.

(d) "Indian" means all persons who are members of, or are eligible for membership in, an Indian tribe under Federal jurisdiction and which tribe has not voted to exclude itself from the Act of June 18, 1934 (43 Stat. 984, as amended, 25 U.S.C. 461, et seq.).

(e) “Adult Indian” means any Indian who has attained the age of 18 years.

(f) "Tribe" means any Indian tribe, organized band, pueblo, or the Indians

residing on an Indian reservation or reservations. Such tribes may consist of any consolidation of one or more tribes or parts of tribes.

(g) "Recognized tribe" means any Indian tribe which has entered into a treaty, convention or executive agreement with the Federal Government or whose tribal entity has been otherwise recognized by the United States.

(h) "Reservation" means any area established by treaty, Federal statute, executive order, or otherwise for the use and occupancy of Indians.

(i) "Indian Eeorganization Act" means the Act of June 18, 1934 (48 Stat. 984, as amended, 25 U.S.C. 461, et seq.).

(j) "Constitution," "constitution and bylaws" means the written organizational framework of any organized tribe for the exercise of governmental powers.

(k) “Organized tribe” means a tribe which accepted the Act of June 18, 1934 (48 Stat. 984, as amended, 25 U.S.C. 461, et seq.), and adopted a constitution pursuant to the provisions of the Act, supra.

(1) "Unorganized tribe" means a tribe which, not having voted to exclude itself from the Act of June 18, 1934 (48 Stat. 984, as amended, 25 U.S.C. 461, et seq.), is entitled to organize pursuant to the provisions of the Act, supra, but has not done so.

[29 FR 14359, Oct. 17, 1964, as amended at 38 FR 9999, Apr. 23, 1973]

§ 52.2 Purpose and scope.

The purpose of this Part 52 is to provide uniformity and order in holding elections to vote on constitutions and bylaws and constitutional amendments, and to facilitate the calling of such elections by the Secretary under the provisions of the Indian Reorganization Act.

§ 52.3 Group eligibility.

A constitution and bylaws may be adopted (a) by a tribe or tribes of a reservation, (b) by adult Indian residents of a reservation, or (c) by a traditionally recognized tribe, except that

group which has voted to reject the >visions of the Indian Reorganizan Act shall be organized under the t. A tribe organized under the lian Reorganization Act shall adopt endments to its constitution and laws under the regulations in this rt.

2.4 Assistance from the Department of E the Interior.

The Department of the Interior will operate with and offer advice and sistance to any eligible group in afting a constitution and bylaws or 1 amendment.

52.5 Request to call election.

The Secretary will authorize the alling of an election on adoption of a ɔnstitution and bylaws upon request y the tribal governing body or an aunorized representative committee or pon petition filed by at least onehird of the adult members of the roup. An election of the adoption of mendments to the constitution and ylaws shall be authorized by the Secetary when requested as provided in he amendment article of the constituion and bylaws; however, the election shall be conducted in the manner prescribed in the rules and regulations in this part. The Secretary may propose amendments to the constitution for consideration at Secretarial elections, unless the constitution and bylaws for Secretarial elections provides otherwise. Any authorization not acted upon within ninety (90) days from the date of issuance will be considered void.

[32 FR 11778, Aug. 16, 1967]

§ 52.6 Entitlement to vote.

(a) If the unorganized group is a tribe or tribes of a reservation:

(1) Any adult member regardless of residence shall be entitled to vote: Provided, He has duly registered.

(2) Duly registered adult nonresidents or ill or physically disabled registered members may vote by absentee ballot. See § 52.17.

(b) If the unorganized group is composed of the adult Indian residents of a reservation:

(1) Any adult Indian resident shall be entitled to vote: Provided, He has duly registered.

(2) Absentee voting shall be permitted for duly registered residents temporarily absent from the reservation, ill, or physically disabled.

(c) For organized tribes voting in elections for amendments of the constitution and bylaws, only voters who have duly registered are entitled to vote, i.e., if the group was organized as a tribe, absentee balloting is permitted, but if the group was organized as residents of a reservation, absentee balloting will not be permitted except as provided in paragraph (b)(2) of this section.

[32 FR 11778, Aug. 16, 1967]

§ 52.7 Adoption by majority vote.

A constitution and bylaws or amendment shall be considered adopted if a majority of those actually voting vote in favor of adoption provided the total vote cast is not less than 30 percent of those entitled to vote; but no action shall become effective until it is approved by the Secretary.

§ 52.8 Election Board.

(a) There shall be an Election Board consisting of the Officer in Charge acting as chairman and two representatives of an authorized council or committee of Indians. In addition the Officer in Charge may appoint an interpreter and as many clerks and poll watchers as he deems necessary but they shall not be members of the board.

(b) It shall be the duty of the board to conduct elections in compliance with the procedures described in this Part 52 and in particular, (1) to see that the name of each person offering to vote is on the official list of registered voters; (2) to keep the ballot boxes locked at all times except when ballots are being counted; (3) to see that the ballot is cast by the voter himself and that thereupon the voting list is checked to indicate this; (4) as a board to count the regularly cast ballots immediately after the close of the polls, and the absentee ballots immediately after expiration of the time for their receipt; (5) to certify the election

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 permanent 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.

(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