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ppeal. In computing the 30- or 60-day period, the count begins with the day ollowing receipt of the rejection notice and continues for 30 or 60 conecutive days. If, however, the 30th or 50th day falls on a Saturday, Sunday, or legal holiday, the period would end on the first working day thereafter.

[31 FR 7745, June 1, 1966]

§ 42.5 Supporting evidence.

The appeal should include any supporting evidence not previously furnished and may include a copy of or reference to any Bureau or tribal records having a direct bearing on the appellant's eligibility. The appellant may furnish affidavits from persons having personal knowledge of the facts at issue.1 An appeal may request additional time to submit supporting evidence. A period considered reasonable for such submissions may be granted by the official receiving the appeal.

§ 42.6 Advising tribe.

Whenever applicable, the Superintendent or the Director shall notify the tribal committee of the receipt of I the appeal and shall give the tribal committee the opportunity to examine the appeal and to present such evidence as it may consider pertinent to the action being appealed. The tribal committee shall have not to exceed 30 days from receipt of notification of the appeal in which to present in writing such statements as it may deem pertinent, supported by any tribal records which have a bearing on the case.

§ 42.7 Action by the Director.

If after review of the evidence or appeal, the Director is satisfied that the right to enrollment has been established, the appellant shall be so notified in writing and his name entered on the roll. If the Director again determines the appellant is ineligible, he shall so notify the appellant and shall forward the appeal, together with the complete record and his recommendations thereon to the Commissioner for transmittal to the Secretary.

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

§ 42.8 The decision of the Secretary on appeals.

The Secretary will consider the record as presented, together with such additional information he may consider pertinent. Any such additional information shall be specifically identified in his decision. The decision of the Secretary on an appeal shall be final and conclusive and written notice of the decision shall be given to the appellant.

§ 42.9 Special instructions.

To facilitate the work of the Director, the Commissioner may issue special instructions not inconsistent with the regulations in this Part 42.

Part 43-43f [Reserved]

PART
OF A
ROLL TO SERVE AS THE BASIS FOR
THE DISTRIBUTION OF JUDGMENT
FUNDS AWARDED TO THE PEM-
BINA BAND OF CHIPPEWA INDI-
ANS

43g-PREPARATION

Sec.

43g.1 Definitions.

43g.2 Purpose.

43g.3 Qualifications for enrollment. 43g.4 Application forms.

43g.5 Filing of applications and deadline

for filing.

43g.6 Burden of proof.

43g.7 Action by the Director.

43g.8 Appeals.

43g.9 Preparation of roll.

43g.10 Certification and approval of roll. 43g.11 Apportioning and distributing judgment funds.

43g.12 Establishment of Pembina Descendants Committee, Turtle Mountain. 43g.13 Tribal use of judgment funds. 43g.14 Special instructions.

AUTHORITY: R.S. 161; 5 U.S.C. 301, R.S. 463 and 465; 25 U.S.C. 2 and 9, sec. 8, 85 Stat. 158; 25 U.S.C. 1248.

SOURCE: 36 FR 20226, Oct. 19, 1971, unless otherwise noted.

§ 43g.1 Definitions.

(a) "Act" means the Act of Congress approved July 29, 1971 (85 Stat. 158), which authorizes and directs the Secretary to prepare a roll of the Pembina Band of Chippewa Indians and to

SOURCE: 30 FR 7746, June 16, 1965, unless otherwise noted.

§ 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 governing 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 reject ed for enrollment may file or nave filed in his behalf an appeal from ar adverse enrollment action. The burden of proof of establishing eligibility is or the appellant. Except as provided ir. paragraph (b) of this section, in the case of minors, mentally incompetent persons or other persons in need of as sistance, members of the Armed Serv. ices 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 & 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]

§ 42.4 Filing of an appeal.

The appeal shall be in writing addressed to the Secretary and must be received by the official designated in the letter of rejection before the close of business on the 30th day after receipt of the rejection notice, except in those cases where the letter of rejection is delivered to an address in Alaska or Hawaii or elsewhere outside the Continental United States the addressee will have 60 instead of 30 days to file an appeal with the official designated in the letter of rejection. However, if the roll being prepared is for a tribe, band, or group of Indians in Alaska, in cases where the letter of rejection is delivered to an address in Alaska the addressee will have 30 days in which to appeal the rejection of the application and, where the letter of rejection is delivered to an address outside the limits of Alaska the addressee will have 60 days in which to file an

ppeal. In computing the 30- or 60-day eriod, the count begins with the day ollowing receipt of the rejection otice and continues for 30 or 60 conecutive days. If, however, the 30th or 0th day falls on a Saturday, Sunday, r legal holiday, the period would end n the first working day thereafter.

31 FR 7745, June 1, 1966]

42.5 Supporting evidence.

The appeal should include any suporting evidence not previously furished and may include a copy of or reference to any Bureau or tribal records having a direct bearing on the appellant's eligibility. The appellant may furnish affidavits from persons having personal knowledge of the facts at issue.1 An appeal may request additional time to submit supporting evidence. A period considered reasonable for such submissions may be granted by the official receiving the appeal.

§ 42.6 Advising tribe.

Whenever applicable, the Superintendent or the Director shall notify the tribal committee of the receipt of the appeal and shall give the tribal committee the opportunity to examine the appeal and to present such evidence as it may consider pertinent to the action being appealed. The tribal committee shall have not to exceed 30 days from receipt of notification of the appeal in which to present in writing such statements as it may deem pertinent, supported by any tribal records which have a bearing on the case.

§ 42.7 Action by the Director.

If after review of the evidence or appeal, the Director is satisfied that the right to enrollment has been established, the appellant shall be so notified in writing and his name entered on the roll. If the Director again determines the appellant is ineligible, he shall so notify the appellant and shall forward the appeal, together with the complete record and his recommendations thereon to the Commissioner for transmittal to the Secretary.

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

[blocks in formation]

43g.6 Burden of proof.

43g.7 Action by the Director. 43g.8 Appeals.

43g.9 Preparation of roll.

43g.10 Certification and approval of roll. 43g.11 Apportioning and distributing judgment funds.

43g.12 Establishment of Pembina Descendants Committee, Turtle Mountain. 43g.13 Tribal use of judgment funds. 43g.14 Special instructions.

AUTHORITY: R.S. 161; 5 U.S.C. 301, R.S. 463 and 465; 25 U.S.C. 2 and 9, sec. 8, 85 Stat. 158; 25 U.S.C. 1248.

SOURCE: 36 FR 20226, Oct. 19, 1971, unless otherwise noted.

§ 43g.1 Definitions.

(a) "Act" means the Act of Congress approved July 29, 1971 (85 Stat. 158), which authorizes and directs the Secretary to prepare a roll of the Pembina Band of Chippewa Indians and to

distribute certain judgment funds to such persons.

(b) "Secretary" means the Secretary of the Interior or his authorized representative acting under delegated authority.

(c) "Commissioner" means the Commissioner of Indian Affairs or his authorized representative acting under delegated authority.

(d) "Director" means the Area Director, Aberdeen Area Office, Bureau of Indian Affairs, or his authorized representative acting under delegated authority.

(e) "Lineal descendant" means a person in direct line of descent, as child, grandchild, great-grandchild, etc. It does not include collateral relationships, examples of which are brother, sister, nephew, niece, cousin, etc.

(f) “Living” means born on or before and living on July 29, 1971.

(g) "Sponsor" means a person who filed an application for enrollment on behalf of another person; e.g., parent, recognized guardian, next friend, next of kin, spouse, executor, or administrator of estate, or other person.

§ 43g.2 Purpose.

(a) The regulations in this Part 43g are to govern the compilation of a roll of persons who meet the enrollment requirements specified in section 2 of the Act to serve as a basis for and the distribution of certain judgment funds awarded the Pembina Band of Chippewa Indians.

§4.g.3 Qualifications for enrollment.

The roll shall contain the names of persons who:

(a) File an application for enrollment within the time specified in § 43g.5, and

(b) Were born on or prior to and were living on the date of the Act, and

(c) Are lineal descendants of members of the Pembina Band as it was constituted in 1863, except that persons in the following categories shall not be so enrolled:

(1) Those who are not citizens of the United States;

(2) Those who are members of the Red Lake Band of Chippewa Indians; and

(3) Those who participated in the Mississippi, Pillager, and Lake Winnibigoshish Chippewa Band awards under the provisions of the Act of September 27, 1967 (81 Stat. 230).

§ 43g.4 Application forms.

(a) Application forms will be furnished by the Director or other designated persons upon written or verbal 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 number of forms and the dates furnished.

(b) Among other information applications shall contain:

(1) The deadline for filing the application with the Director.

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

(c) An application filed by a person who has never been enrolled must contain a certification that the applicant is a relative by blood of the person or persons through whom eligibility for enrollment is claimed.

(d) Instructions for completing and filing application forms shall be furnished with each form.

§ 43g.5 Filing of applications and deadline for filing.

(a) Any person who desires to be enrolled pursuant to the Act must file, or have filed in his behalf, a completed application form with the Director, Bureau of Indian Affairs, Aberdeen Area Office, 820 South Main Street, Aberdeen, SD 57401. Applications must be postmarked no later than midnight on June 27, 1972.

[37 FR 6291, Mar. 28, 1972]

§ 43g.6 Burden of proof.

(a) The burden of proof rests upon the applicant to establish his eligibility for enrollment. Documentary evidence such as birth certificates, death certificates, marriage certificates, baptismal and other church records, copies of probate findings or affidavits may be used to support the claim for

Frollment. Records of the Bureau of dian Affairs may also be used to esblish eligibility.

3g.7 Action by the Director.

(a) The Director shall consider each oplication. Upon making a determition, the Director shall notify in riting the applicant or sponsor of his ecision. If such decision is favorable,

e name of the applicant shall be laced on the roll. If the decision is aderse, the notification to the applicant r sponsor shall be made by certified nail, to be received by addressee only, eturn receipt requested, and shall ontain a full explanation of the reaons therefor, and of the right to ppeal to the Secretary. If an individul files applications on behalf of more han one person, one notice of eligibilty or rejection may be addressed to the person who filed the applications. However, said notice must list the names of each person involved.

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

§ 43g.8 Appeals.

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

§ 43g.9 Preparation of roll.

(a) In developing the roll of Pembina descendants the Secretary shall determine which enrollees are members of the Minnesota Chippewa, the Turtle Mountain Band of Chippewas of North Dakota, or the Chippewa-Cree Tribe of Montana.

(b) The Director shall prepare the roll of persons determined to be eligible for enrollment. In addition to other information which may be shown, the completed roll shall contain for each person a roll number, name, address, sex, date of birth, and in the remarks column the name and relationship of the ancestor through whom eligibility is claimed.

§ 43g.10 Certification and approval of roll.

(a) A certificate shall be attached to the roll by the Director certifying that to the best of his knowledge and belief the roll contains only the names of those persons who were determined to meet the requirements for enrollment. The Commissioner shall approve the roll.

§ 43g.11 Apportioning and distributing judgment funds.

(a) Subsequent to the establishment of the descendancy roll the Secretary shall apportion funds to the three cited tribes on the basis of the numbers of enrolled descendants having membership with these tribes.

(b) The remaining funds shall be distributed in equal shares to those enrolled descendants who are not members of the three cited tribes.

§ 43g.12 Establishment of Pembina Descendants Committee, Turtle Mountain. (a) The Secretary shall call a meeting of known Pembina descendants who are affiliated with the Turtle Mountain Band for the purpose of electing a Pembina Descendants Committee to work in concert with the tribal governing body for the purpose of making recommendations to the Secretary. Notice of the meeting will be given in local news media and posted at places frequented by the members of the band.

(b) A temporary chairman will be elected and will preside at the meeting. He shall entertain nominations for committee members from the floor. Committee members will be elected by a majority vote of those attending the meeting and casting ballots.

(c) The Superintendent shall furnish the ballots and following the election shall certify the results of the election reflecting the sentiments of the majority of the Pembina descendants attending the meeting.

§ 43g.13 Tribal use of judgment funds.

(a) The funds apportioned to the Minnesota Chippewa Tribe, the Turtle Mountain Band, and the ChippewaCree Tribe may be advanced, expended, invested, or reinvested for any pur

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