(a) "Superintendent" means the Superintendent of the Southern California Agency.

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

(c) "Area Director" means the Area Director, Sacramento Area Office or his authorized representative.

(d) "Plan" means the plan prepared pursuant to the Act of October 19, 1973 (87 Stat. 466), for the use and distribution of the judgment funds awarded the Cabazon Band of Mission Indians in Indian Claims Commission docket 148, which became effective on October 30, 1975.

(e) "Band" means the Cabazon Band of Mission Indians.

(f) "Business Committee" means the Tribal Business Committee of the Cabazon Band of Mission Indians.

§ 43m.2 Purpose.

The regulations in this part govern the bringing up to date of the membership roll of the band as of October 30, 1975, to be used to distribute the judgment funds awarded the band by the Indian Claims Commission in docket 148.

§ 43m.3 Qualifications for enrollment.

The membership roll of the band prepared in accordance with Cabazon Ordinance No. 1 shall be brought up to date as of October 30, 1975:

(a) By removing after proof of death is received the names of enrollees who died prior to that date, and

(b) By adding thereto the names of persons who were born on or prior to and living as of that date who apply for enrollment and who meet the requirements for membership set forth in the ordinance.

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

(a) Application forms may be obtained from the Chairman, Cabazon Business Committee, c/o Southern California Agency, Bureau of Indian Affairs, 5750 Division Street, Riverside, California 92506. Completed applications must be received by the Business Committee by close of business 30 days from the effective date of these regulations.

(b) Requests for applications for enrollment received after that date shall not be filled until after the judgment funds have been distributed.

§ 43m.5 Burden of proof.

The burden of proof rests upon the applicant to establish his eligibility for enrollment. Documentary evidence such as birth certificates, death 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 used to establish eligibility.

§ 43m.6 Action by Area Director.

The Area Director must notify rejected applicants by certified mail, addressee only, return receipt requested with an explanation of the reason for the adverse action and advise them of their right to appeal to the Commissioner.

§ 43m.7 Appeals.

Appeals must be in writing addressed to the Commissioner and mailed to the Area Director within 30 days of the receipt of the rejection notice. Appellants may submit with their appeals any supporting evidence not previously furnished. If after review of the additional evidence the Area Director determines the appellant has established his right to enrollment, he shall be so notified and his name shall be added to the roll. If the Area Director determines the appellant ineligible, he shall forward the appeal with his recommendation to the Commissioner.

§ 43m.8 Decision of the Commissioner on appeals.

The decision of the Commissioner shall be final and conclusive and written notice of the decision shall be furnished the appellant.

§ 43m.9 Preparation of the roll.

The roll shall contain for each person a roll number, name, address, sex, date of birth, and, when applicable, the basic roll number, date of basic roll, and name and relationship of applicant to ancestor through whom eligibility is established.

§ 43m.10 Certification and approval of the roll.

The Business Committee and the Superintendent shall attach separate statements to the roll certifying that to the best of their knowledge and belief the roll contains only the names of those persons who meet the requirements for enrollment. The roll shall be submitted through the Superintendent to the Area Director for approval.

(a) "Act" means the Act of October 18, 1976 (90 Stat. 2503), which directs the Secretary of the Interior to prepare the roll of the Grand River Band of Ottawa Indians.

(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, 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, on any available census rolls or other records acceptable to the Secretary;

or

(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 1⁄2 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 used 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.

§ 43n.8 Preparation of the roll.

The roll shall contain for each person a roll number, name, address, sex, date of birth, and, when applicable, the roll number and name and relationship of applicant to ancestor through whom eligibility is established.

§ 43n.9 Certification and approval of the roll.

The Superintendent shall attach a statement to the roll certifying that to the best of his knowledge and belief the roll contains only the names of

§ 44.1 Definitions.

As used in this part:

(a) "Secretary" means "Secretary of the Interior."

(b) "Commissioner" means "Commissioner of Indian Affairs."

(c) "Director" means "Area Director, Portland Area Office."

(d) "Enrolling Agent" means the "Area Director, Portland Area Office" or such other person or persons as may be designated by him to assist in the enrollment work.

(e) "Tribes" means "Molel or Molallalas Tribe of Oregon and the Confederated Bands of the Umpqua Tribe of Indians, and the Calappoias residing in the Umpqua Valley, and the Tillamook, Coquille, Tootootoney and Chetco Tribes of Oregon." (Sec. I, act of August 30, 1954 (P.L. 715).)

§ 44.2 Purpose.

The regulations in this part are to govern the compilation of rolls of Indians of the tribes living on August 30, 1954, and who are entitled to share in the distribution of the judgment funds.

§ 44.3 Applications.

Each person who believes that he or she is of the blood of the Tribes may, within one year from August 30, 1954, submit to the Director an application in writing for enrollment. Application forms may be obtained from the Director or Tribal Committees and when executed shall be filed with the Director. Applications for minors or persons mentally incompetent may be filed by parents, natural guardians, next friend, or other persons responsible for their care or having custody over them. Applications for persons in the armed or civilian service of this country, stationed outside the State of Oregon, and for those who have died since August 30, 1954, may be filed by the spouse, parents, next of kin, executor or administrator of the estate. Evidence must be furnished that applicant was living on August 30, 1954. Each application shall contain, among other information:

(a) The name and address of applicant, and if application is filed on behalf of a minor, a person mentally incompetent, a person in the armed or civilian services of this country and stationed outside of the State of Oregon, or a person who has died since August 30, 1954, the name and address of the person filing the application for such person, and a statement of his or her relationship to the applicant.

(b) The names of all ancestors through whom the right to enrollment is claimed.

(c) Identification of the annuity, allotment, census or payment roll on which the name of the ancestors through whom the right to enrollment appears and his or her roll number. If the names of such ancestors do not appear on any of such rolls, or if there are no such rolls, the applicant shall establish by other appropriate means the fact that such ancestor or ancestors are or were of the blood of the

Tribes. The applicant may furnish a certified copy of any record, roll, or other document which tends to establish that such ancestor or ancestors are of the blood of the Tribes.

(d) The relationship of the applicant to such ancestor or ancestors, and by what means this has been established. (e) Present address of ancestors if living.

§ 44.4 Burden of proof.

The burden of proof rests upon the applicant to establish that the applicant is of the blood of the Tribes as listed in his application.

§ 44.5 Dual enrollment.

"No person shall be entitled to be enrolled on more than one roll." (Sec. I, act of August 30, 1954 (P.L. 715).)

§ 44.6 Dual eligibility.

If applicant considers that he is of the blood of more than one of the tribes, he shall file a separate application for each such tribe. Each application shall be marked by applicant as to the order of priority in which to be considered for enrollment; that is, "First Choice," "Second Choice," etc. Each application shall be complete in itself and accompanied by supporting evidence, documents, and other material as may tend to establish eligibility. § 44.7 Establishment of committees.

The Indians of each Tribe may select a committee of three persons, recognized as of the blood of the Tribe, to aid the Enrolling Agent in determining eligibility of the applicant for enrollment. Such committee shall act only in an advisory capacity. Each tribe electing such a committee shall notify the Director of such action together with the names of the members of the committee.

§ 44.8 Action by the Director.

(a) The Director shall consider each application (except as indicated otherwise in paragraphs (b) and (c) of this section), and upon determination of the eligibility of the applicant, notify such person in writing of his decision. If such determination is favorable, the name of the applicant shall be entered

upon the appropriate roll. If the determination is adverse, notice of such decision shall be sent to applicant by registered mail, return receipt requested, together with the reasons therefor, and of the applicant's right of appeal to the Secretary.

(b) If applicant has filed for enrollment in two tribes, and it is determined that he is not eligible in the tribe of his "First Choice", the Area Director shall then proceed to consider his eligibility in the tribe of his "Second Choice". If the Area Director determines the applicant is eligible in the tribe of his "Second Choice", applicant shall be so notified and at the same time of the rejection of his application in the tribe of his "First Choice" together with the reasons therefor. Such notice shall be sent by registered mail, return receipt requested, and inform applicant of his right of appeal to the Secretary. If applicant fails to appeal within the time prescribed in § 44.9, the Area Director shall thereupon enter the name of the applicant upon the roll of the tribe of his "Second Choice."

(c) If applicant has filed for enrollment in three or more tribes each application shall be considered by the Area Director in the order or priority as indicated by applicant and in the same manner as indicated in paragraph (b) of this section. At such point in the priority choices that an applicant has been declared eligible for enrollment, no application of lower priority shall be considered and the applicant so notified. Non-action on such applications shall not be subject to appeal.

(d) When two or more applications have been filed by any applicant, and it has been determined by the Area Director that eligibility has not been established in any of them, the Area Director shall notify applicant in writing, return receipt requested, in each case together with the reasons for such adverse decision, and of his right of appeal to the Secretary in any and all cases. Each appeal shall be filed separately and complete in itself, and will be considered in the order of priority which governed the consideration of the applications filed.