pose authorized by the respective tribal governing bodies and approved by the Secretary: Provided, That the governing body of the Minnesota Chippewa Tribe shall act in concert with the General Council of the Pembina Band of Chippewa Indians of the White Earth Reservation for the purpose of making recommendations to the Secretary; And provided further, That the Turtle Mountain tribal governing body shall be required to work in concert with the Pembina Descendants Committee elected as provided in § 43g.12 for the purpose of making recommendations to the Secretary and only those members of the three cited tribes who are enrolled as Pembina de scendants under the provisions of this Act shall be permitted to share in any per capita distribution of the funds accruing to the tribes.

18, 1971, 85 Stat. 688, Public Law 92203, as amended and supplemented by the Act of January 2, 1976, 89 Stat. 1145, Public Law 94-204.

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

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

(d) "Area Director" means the Area Director, Bureau of Indian Affairs, Juneau, Alaska, or his authorized representative.

(e) "Coordinator" means the head of the Enrollment Coordinating Office, Pouch 7-1971, Anchorage, Alaska 99501, having the responsibility for coordinating all activities regarding preparation of the roll.

(f) "Roll" means the roll of Alaska Natives prepared pursuant to the Act.

(g) "Native" means a citizen of the United States who is a person of onefourth degree or more Alaska Indian (including Tsimshian Indians not enrolled in the Metlakatla Indian Community), Eskimo, or Aleut blood, or combination thereof. The term includes any Native as so defined either or both of whose adoptive parents are not Natives. It also includes, in the absence of proof of a minimum blood quantum, any citizen of the United States who is regarded as an Alaska Native by the Native village or Native group of which he claims to be a member and whose father or mother is (or, if deceased, was) regarded as Native by any village or group.

(h) “Village" means any tribe, band, clan, group, village, community, or association in Alaska listed in sections 11 and 16 of the Act, or which meets the requirements of the Act, and which the Secretary determines was, on the 1970 census enumeration date (April 1, 1970), composed of 25 or more Natives.

(i) "Native group" means any tribe, band, clan, village, community, or village association of Natives in Alaska composed of less than 25 Natives, who comprise a majority of the residents of the locality.

(j) "Region" means the geographic area covered by the operation of one of the 12 existing Native associations recognized in section 7(a) of the Act,

or its successor regional corporation, and, includes the 13th region.

(k) "Permanent residence" means the place of domicile on April 1, 1970, which is the location of the permanent place of abode intended by the applicant to be his actual home. It is the center of the Native family life of the applicant to which he has the intent to return when absent from that place. A region or village may be the permanent residence of an applicant on April 1, 1970, even though he was not actually living there on that date, if he has continued to intend that place to be his home.

(1) "Regional Solicitor" means the officer in charge of the Anchorage Region of the Office of the Solicitor, Department of the Interior.

(m) "Sponsor" means a parent, recognized guardian, next friend, next of kin, spouse, executor, or administrator of estate, the Area Director or other person who files an application for enrollment on behalf of another person. It does not include an enumerator.

(n) "Enumerator" means a person officially engaged in gathering for the Secretary data and information concerning eligibility of individual applicants for enrollment.

§ 43h.4 Enrollment in regions.

(a) Permanent residents of Alaska: A Native permanently residing in Alaska on April 1, 1970, shall be enrolled in the region and village or other place in which he or she was a permanent resident on that date.

(b) Nonresidents of Alaska: A Native who is 18 years of age or older at the time of filing his or her application for enrollment and who, on April 1, 1970 was not a permanent resident of one of the regions in Alaska shall be enrolled according to the following order of priority:

(1) In the 13th region, if he or she so elects, or

(2) In the region where he or she resided on April 1, 1970, if he or she had resided there without substantial interruption for 2 or more years, or

(3) In the region where he or she previously resided for an aggregate of 10 years or more, or

(4) In the region where he or she was born, or

(5) In the region from which an ancestor came.

(c) A Native may be enrolled in a different region when necessary to avoid enrolling members of the same family (i.e., parents and children) in different regions or otherwise avoid hardship.

(d) Eligible children born on or after April 2, 1970, and on or before December 18, 1971, shall be enrolled in the region in which one of their parents is enrolled.

[37 FR 5615, Mar. 17, 1972, as amended at 41 FR 32422, Aug. 3, 1976]

§ 43h.5 Enrollment in a 13th region.

A Native eligible for enrollment who is 18 years of age or older and who, on April 1, 1970, was not a permanent resident of Alaska shall on the date he or she files an application for enrollment, elect whether to be enrolled in the 13th region or in the region determined pursuant to § 43h.4(b). Such election shall apply to all dependent members of his or her household who are less than 18 years of age on the date of such election, but shall not affect the enrollment of anyone else. Eligible Natives, entitled to make such an election but who abstain from indicating their preference when they file

their applications, shall be enrolled in the appropriate region in Alaska pursuant to paragraphs (2) through (5) of § 43h.4(b).

[41 FR 32422, Aug. 3, 1976]

§ 43h.6 Applications for enrollment.

(a) All applications for enrollment shall be in writing on forms provided by the Bureau of Indian Affairs and shall be signed by or for the head of each household, spouse, and/or the dependent members of his or her household under 18 years of age. A separate application shall be completed and signed by or for other members of a household 18 years of age or older.

(b) Applications for adopted children or other minors not living with their parents, mentally incompetent persons, members of the Armed Services and/or any eligible members of their immediate families, stationed outside the Continental United States, or persons who have died since December 18, 1971, may be filed by a sponsor on or before the deadline specified in this section. Applications for adopted children should be supported by copies of decrees of adoption, if available. Applications for deceased persons should be supported by copy of death certifiIcate or other document which establishes the date of death.

(c) The application shall contain, among other information, the applicant's Social Security number, name, address, sex, date, and place of birth, degree of Alaskan Native Blood, permanent residence as of April 1, 1970, the village from which his ancestors cae, and for a nonresident of Alaska, his election regarding enrollment in a 13th region. Social Security numbers and cards will be issued by the Social Security Administration to those persons who do'not have them.

(d) Completed applications must be submitted to the Enrollment Coordinating Office (Kaloa Building, 16th and C Streets), Pouch 7-1971, Anchorage, Alaska 99510, within one year from January 2, 1976.

(e) Residents of Alaska: An Enumerator shall be assigned temporarily to each of the 12 Regional Corporations in Alaska to assist in the comple

tion and submission of applications. Upon the request of a Village Corporation, provided there are five or more applications to be filed, an enumerator shall be sent to the village to assist in the completion and submission of applications. They shall also visit centers in urban areas to furnish assistance in the completion and submission of applications. Persons who are missed by the enumerators may apply to the Coordinating Office by mail or in person. (f) Nonresident of Alaska: (1) Enumerators shall be assigned or detailed temporarily to the following places to assist in completion and submission of applications by persons residing outside the State of Alaska:

(i) One enumerator to The 13th Regional Corporation;

(ii) One enumerator to the Bureau of Indian Affairs Seattle Liaison Office;

(iii) Enumerators in various urban localities where there is a heavy concentration of Natives.

(2) Persons who are missed by an enumerator or who reside in an area not served by an enumerator may apply to the Enrollment Coordinating Office by mail or in person.

(g) Notice to regions and village corporations: Each regional corporation shall be notified of the name, date, and place of birth, and claimed residence of every applicant for enrollment, including dependents within the region. Each village corporation shall be notified of the name, date, and place of birth, and claimed residence of every applicant for enrollment, including dependents, within the village. The provisions of this section shall not be applied to the application of an adopted person.

(h) Use of address of record: All notices of action shall be sent to the most current name and address of record in an applicant's file. It is the responsibility of the applicant to advise the Enrollment Coordinating Office of any change of name or address.

[41 FR 32422, Aug. 3, 1976]

§ 43h.7 Determination of eligibility.

(a) Determinations of eligibility shall be made by the Coordinator on

the basis of information set forth in the application, records of the Bureau of Indian Affairs, village and tribal rolls and such other evidence as is available, including the submissions, if any, of the regional or village corporations.

(b) Each applicant shall be notified in writing of the decision. If such decision is favorable, the name of the applicant shall be placed on the roll. If the decision is adverse as to enrollment or as to the region or village in which enrolled, the applicant or sponsor shall be notified by certified mail, return receipt requested, of the decision together with the reasons for the decision and of his right of appeal.

(c) Each region shall be notified by certified mail, return receipt requested, of the Coordinator's decisions with respect to persons enrolled or denial of enrollment with that region. Each village corporation shall be notified by certified mail, return receipt requested, of the Coordinator's decisions with respect to persons enrolled or denied enrollment in that village. Except with respect to adopted persons, the regional and village corporations shall be further notified of their rights to appeal such decisions and the reasons for acceptance or rejection of the enrollment application.

[41 FR 32422, Aug. 3, 1976]

§ 43h.8 Appeals.

(a) Appeals by individuals from adverse decisions must be in writing and filed with the Enrollment Coordinating Office not later than 30 days after the date of receipt by certified or registered mail, return receipt requested, of the notice of the adverse decision or not later than 37 days after the date of mailing of such notice where certified or registered mail service to the individual is not available or where any notice is returned to the Coordinator in accordance with postal regulations. Appeals by regional and village corporations from the Coordinator's decisions must be in writing and filed with the Coordinating Office not later than 30 days after receipt of the notice sent by certified or registered mail, return receipt requested, or not later than 37 days after the date of

mailing of such notice where certified or registered mail service is not available or where any notice is returned to the Coordinator in accordance with postal regulations. A decision of the Coordinator on the application of an adopted person, as defined in § 43h.1(0), will not be subject to appeals by regional or village corporations, leaving such decisions subject to appeal only by the adopted person or his or her guardian or sponsor, if such adopted person is a minor.

(b) Each appeal from a decision on an application for enrollment shall be by petition, which shall state the bases and reasons for the appeal, and which shall include or be accompanied by all arguments, briefs, records, or other evidence which the appellant urges as grounds for reversal. No additional presentation will be allowed except upon a showing satisfactory to the Regional Solicitor.

(c) A copy of each appeal petition and its supporting documents filed by an applicant shall be served by the Coordinator upon the regional and/or village corporation whose region or village names appear on the decision appealed from. A copy of each appeal petition and its supporting documents filed by a regional corporation shall be served by the Coordinator upon the applicant for enrollment and upon the village corporation whose village name appears on the decision appealed from. A copy of each appeal petition and the supporting documents filed by a village corporation shall be served by the Coordinator upon the applicant for enrollment and upon the region corporation for the region whose name appears on the decision appealed from.

(d) Service as provided for in paragraph (c) of this section shall be made by the Coordinator at the time an appeal is filed with the Enrollment Coordinating Office by delivering a copy of the appeal petition and supporting documents either in person or by certified or registered mail, return receipt requested. If certified or registered mail service to an addressee is not available, service may be made on that addressee by sending to that addressee a copy of the appeal petition

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.