Part 2
(E) The roll of the Western Miami Tribe of Indians of June 12, 1891
(26 Stat. 1001); and
(iii) Who are not members of the Miami Tribe of Oklahoma.
(2) Application forms for enrollment must be filed with the
Director, Muskogee Area Office, Bureau of Indian Affairs, Federal
Building, Muskogee, Oklahoma 74401, by May 9, 1986. Application forms
filed after that date will be rejected for inclusion on the roll being
prepared for failure to file on time regardless of whether the applicant
otherwise meets the qualifications for enrollment.
(e) Cow Creek Band of Umpqua Tribe of Indians. (1) Pursuant to
section 5 of the Cow Creek Band of Umpqua Tribe of Indians Distribution
of Judgment Funds Act of October 26, 1987, Pub. L. 100-139, a tribal
membership roll is to be prepared comprised of all persons who are able
to establish that they are of Cow Creek or other Indian ancestry
indigenous to the United States based on any rolls or records acceptable
to the Secretary and were not members of any other Federally recognized
Indian tribe on July 30, 1987; and:
(i) Who are named on the tribal roll dated September 13, 1980, the
so-called Interrogatory No. 14 roll;
(ii) Who are descendants of individuals named on the tribal roll
dated September 13, 1980, the so-called Interrogatory No. 14 roll, and
were born on or prior to October 26, 1987; or
(iii) Who are descendants of individuals who were considered to be
members of the Cow Creek Band of Umpqua Tribe of Indians for the
purposes of the treaty entered between such Band and the United States
on September 19, 1853.
(2) Application forms for enrollment must be filed with the
Superintendent, Siletz Agency, Bureau of Indian Affairs, P.O. Box 539,
Siletz, Oregon 97380
[[Page 213]]
by June 1, 1990. Application forms filed after that date will be
rejected for inclusion on the tribal membership roll for failure to file
on time regardless of whether the applicant otherwise meets the
qualifications for enrollment.
(f) Cow Creek Band of Umpqua Tribe of Indians descendants. (1)
Pursuant to section 6(a)(1) of the Cow Creek Band of Umpqua Tribe of
Indians Distribution of Judgment Funds Act of October 26, 1987, Pub. L.
100-139, a roll of nontribal members eligible to participate in the
Higher Education and Vocational Training Program and the Housing
Assistance Program of the Cow Creek Band of Umpqua Tribe of Indians is
to be prepared of individuals:
(i) Who are descended from persons considered members of the Cow
Creek Band of Umpqua Tribe of Indians for purposes of the treaty entered
into between such band and the United States on September 19, 1853 (10
Stat. 1027), as ratified by the Senate on April 12, 1854; and
(ii) Who did not share or are not descendants of persons who shared
in the distribution of funds under the Act entitled ``An Act to provide
for the termination of Federal supervision over the property of the
Klamath Tribe of Indians located in the State of Oregon and the
individuals members thereof, and for other purposes,'' approved August
13, 1954 (25 U.S.C. 564 et seq.), or under the Act entitled ``An Act to
provide for the termination of Federal supervision over the property of
certain tribes and bands of Indians located in western Oregon and the
individual members thereof, and for other purposes,'' approved August
13, 1954 (25 U.S.C. 691 et seq.).
(2) Application forms for enrollment must be filed with the
Superintendent, Siletz Agency, Bureau of Indian Affairs, P. O. Box 539,
Siletz, Oregon 97380. Upon receipt of an application form, the
Superintendent shall furnish a copy to the Cow Creek Band of Umpqua
Tribe of Indians.
(g) Cow Creek Band of Umpqua Tribe of Indians descendants. (1)
Pursuant to section 6(a)(2) of the Cow Creek Band of Umpqua Tribe of
Indians Distribution of Judgment Funds Act of October 26, 1987, Pub. L.
100-139, a roll of nontribal members eligible to participate in the
Elderly Assistance Program of the Cow Creek Band of Umpqua Tribe of
Indians is to be prepared of individuals:
(i) Who are descended from persons considered members of the Cow
Creek Band of Umpqua Tribe of Indians for purposes of the treaty entered
into between such Band and the United States on September 19, 1853 (10
Stat. 1027), as ratified by the Senate on April 12, 1854;
(ii) Who did not share or are not descendants of persons who shared
in the distribution of funds under the Act entitled ``An act to provide
for the termination of Federal supervision over the property of the
Klamath Tribe of Indians located in the State of Oregon and the
individual members thereof, and for other purposes,'' approved August
13, 1954 (25 U.S.C. 564 et seq.), or under the Act entitled ``An Act to
provide for the termination of Federal supervision over the property of
certain tribes and bands of Indians located in western Oregon and the
individual members thereof, and for other purposes,'' approved August
13, 1954 (25 U.S.C. 691 et seq.); and
(iii) Who were 50 years or older as of December 31, 1985.
(2) Application forms for enrollment must be filed with the
Superintendent, Siletz Agency, Bureau of Indian Affairs, P. O. Box 539,
Siletz, Oregon 97380 by April 25, 1988, and with the Cow Creek Band of
Umpqua Tribe of Indians. Application forms filed after that date will be
rejected for failure to file on time regardless of whether the applicant
otherwise meets the qualifications for eligibility for inclusion on the
roll of persons eligible to participate in the Elderly Assistance
Program, but will be considered for inclusion on the roll of persons
eligible to participate in the Higher Education and Vocation Training
Program and the Housing Assistance Program. Upon receipt of an
application form, the Superintendent shall furnish a copy to the Cow
Creek Band of Umpqua Tribe of Indians.
(h) Indians of the Hoopa Valley Indian Reservation. Pursuant to
section 5 of the Hoopa-Yurok Settlement Act of October 31, 1988, Pub. L.
100-580, a roll of Indians of the Reservation eligible to participate in
certain settlement provisions is to be prepared of all persons:
[[Page 214]]
(1) Who were born on or prior to and living on October 31, 1988; and
(2) Who are citizens of the United States; and
(3) Who were not, on August 8, 1988, enrolled members of the Hoopa
Valley Tribe; and
(4) Who meet the criteria to qualify as an ``Indian of the
Reservation'' under one of the following standards established by the
U.S. Court of Claims in its March 31, 1982, decision, and the United
States Claims Court in its May 14, 1987, and March 1, 1988, decisions in
the cases of Short v. United States, (Cl. Ct. No. 102-63):
(i) Standards A-E which are:
(A) Allottees of land on any part of the Reservation, living on
October 1, 1949, and lineal descendants of allottees living on October
1, 1949;
(B) Persons living on October 1, 1949, and resident on the
reservation at that time, who have received Reservation benefits or
services, and hold an assignment, or can make other proof that though
eligible to receive an allotment, they have not been allotted, and the
lineal descendants of such persons, living on October 1, 1949;
(C) Persons living on June 2, 1953, who have at least 1/4 degree
Reservation blood, as defined in paragraph (h)(6)(i) of this section,
have forebears born on the Reservation and were resident on the
Reservation for 15 years prior to June 2, 1953;
(D) Persons of at least 1/4 degree Indian blood, born after October
1, 1949, and before August 9, 1963, to a parent who is or would have
been, when alive a qualified Indian of the Reservation under the
standards in paragraphs (h)(4)(i) (A), (B) and (C) of this section, or
has previously been held entitled to recover in the Short cases;
(E) Persons born on or after August 9, 1963, who are of at least 1/4
degree Indian blood, derived exclusively from the qualified parent or
parents who is or would have been, when alive, a qualified Indian of the
Reservation under the standards in paragraphs (h)(4)(i) (A), (B) and (C)
of this section, or has previously been held entitled to recover in the
Short cases; or
(ii) Manifest Injustice Standard which is: Persons who do not
qualify under the standards in paragraph (h)(4)(i) of this section, but
who it would be manifestly unjust to exclude from enrollment. To qualify
under the manifest injustice standard, persons must adequately
demonstrate all of the following:
(A) A significant degree of Indian blood (at least 1/4 degree Indian
blood, and
(B) Personal connections to the Reservation shown through a
substantial period of residence on the Reservation (nearly ten years of
residence), and
(C) Personal ties to the land of the Reservation and/or ties to the
land through a lineal ancestor; and
(5) Who file or have filed on their behalf application forms for
enrollment with the Superintendent, Northern California Agency, Bureau
of Indian Affairs, P.O. Box 494879, Redding, California 96049, by April
10, 1989. Applications filed after that date will not be considered for
inclusion on the roll regardless of whether the applicant otherwise
meets the qualifications for enrollment, except for plaintiffs
determined to be an ``Indian of the Reservation'' in the Short cases,
who will, if they otherwise meet the requirements of the Act, be
included on the roll.
(6) As used in paragraph (h) of this section:
(i) Reservation blood means the blood of the following tribes or
bands: Yurok; Hoopa/Hupa; Grouse Creek; Hunstand/Hoonsotton/Hoonsolton;
Miskut/Miscotts/Miscolts; Redwood/Chilula; Saiaz/Nongatl/Siahs;
Sermaltion; South Fork; Tish-tang-atan; Karok; Tolowa; Sinkyone/
Sinkiene; Wailake/Wylacki; Wiyot/Humboldt; and Wintun.
(ii) Short cases means the cases entitled Jessie Short et al. v.
United States, (Cl. Ct. No. 102-63); Charlene Ackley v. United States,
(Cl. Ct. No. 460-78); Bret Aastadt v. United States, (Cl. Ct. No. 146-
85L); and Norman Giffen v. United States, (Cl. Ct. No. 746-85L).
(i) [Reserved]
(j) Coquille Tribe of Indians. (1) Pursuant to section 7 of the
Coquille Restoration Act of June 28, 1989, Pub. L. 101-42, a tribal
membership roll is to be prepared comprised of persons of Coquille
Indian ancestry:
(i) Who were born on or before and living on June 28, 1989;
[[Page 215]]
(ii) Who possess at least one-eighth (1/8) degree or more Indian
blood;
(iii) Who are not enrolled members of another federally recognized
tribe; and
(iv) Whose names were listed on the Coquille roll prepared pursuant
to the Act of August 30, 1954 (68 Stat. 979; 25 U.S.C. 771), and
approved by the Bureau of Indian Affairs on August 29, 1960;
(v) Whose names were not listed on but who met the requirements to
be listed on the Coquille roll prepared pursuant to the Act of August
30, 1954, and approved by the Bureau of Indian Affairs on August 29,
1960; or
(vi) Who are lineal descendants of persons, living or dead,
identified in paragraphs (j)(1)(iv) and (j)(1)(v) of this section.
(2) To establish eligibility for inclusion on the tribal membership
roll, all persons must file an application form with the Superintendent,
Siletz Agency, Bureau of Indian Affairs, P.O. Box 539, Siletz, Oregon
97380 by January 10, 1991. Application forms filed after that date will
be rejected for inclusion on the roll being prepared for failure to file
on time regardless of whether the applicant otherwise meets the
qualifications for enrollment.
(3) For the purposes of establishing eligibility under paragraph (j)
of this section, any available evidence establishing Coquille ancestry
and the required degree of Indian blood shall be accepted. However,
information shown on the Coquille roll prepared pursuant to the Act of
August 30, 1954, shall be accepted as conclusive evidence of Coquille
ancestry and blood degree information shown on the January 1, 1940,
census roll of nonreservation Indians of the Grand Ronde-Siletz Agency
shall be accepted as conclusive evidence in determining degree of Indian
blood for applicants.
(4) For the purposes of establishing eligibility under paragraph (j)
of this section, persons who may be enrolled members of another
federally recognized tribe or tribes may submit a conditional
relinquishment of membership document in the other tribe or tribes with
their application forms. A conditional relinquishment of membership
document in the other tribe or tribes with their application forms. A
conditional relinquishment will be accepted by the Superintendent only
if it is executed by the person himself or herself unless the person is
legally incompetent, in which case the legal guardian and only the legal
guardian may execute the conditional relinquishment document. In the
case of minors, only the parent or legal guardian may execute a
conditional relinquishment document.
(k)-(q) [Reserved]
(r) Mdewakanton and Wahpakoota Tribe of Sioux Indians. (1) All
lineal descendants of the Mdewakanton and Wahpakoota Tribe of Sioux
Indians who were born on or prior to and were living on October 25,
1972, whose names or the name of a lineal ancestor appears on any
available records and rolls acceptable to the Secretary of the Interior
and who are not members of the Flandreau Santee Sioux Tribe of South
Dakota, the Santee Sioux Tribe of Nebraska, the Lower Sioux Indian
Community at Morton, Minn., the Prairie Island Indian Community at
Welch, Minn., or the Shakopee Mdewakanton Sioux Community of Minnesota
shall be entitled to be enrolled under title I, section 101(b) of the
act of October 25, 1972 (86 Stat. 1168), to share in the distribution of
funds derived from a judgment awarded the Mississippi Sioux Indians.
(2) Applications for enrollment must have been filed with the
Director, Aberdeen Area Office, Bureau of Indian Affairs, 820 South Main
Street, Aberdeen, S. Dak. 57401, and must have been received no later
than November 1, 1973. Applications received after that date will be
denied for failure to file in time regardless of whether the applicant
otherwise meets the requirements for enrollment.
(3) Each application for enrollment with any of the tribes named in
paragraph (r)(1) of this section which may be rejected by the tribes
shall be reviewed by the Director to determine whether the applicant
meets the requirements for enrollment as a descendant of the Mdewakanton
and Wahpakoota Tribe of Sioux Indians under paragraph (r)(1) of this
section. Each rejection notice issued by the tribes shall contain a
statement to the effect that the application is being given such review.
[[Page 216]]
(s) Sisseton and Wahpeton Mississippi Sioux Tribe. (1) Persons
meeting the criteria in this paragraph are entitled to enroll under 25
U.S.C. 1300d-3(b) to share in the distribution of certain funds derived
from a judgment awarded to the Mississippi Sioux Indians. To be eligible
a person must:
(i) Be a lineal descendent of the Sisseton and Wahpeton Mississippi
Sioux Tribe;
(A) Those individuals who applied for enrollment before January 1,
1998, and whose applications were approved by the Aberdeen Area Director
before that same date, are deemed to appear in records and rolls
acceptable to the Secretary or have a lineal ancestor whose name appears
in these records;
(B) Those individuals who apply for enrollment after January 1,
1998, or whose application was not approved by the Aberdeen Area
Director before that same date, must be able to trace ancestry to a
specific Sisseton or Wahpeton Mississippi Sioux Tribe lineal ancestor
who was listed on:
(1) The 1909 Sisseton and Wahpeton annuity roll;
(2) The list of Sisseton and Wahpeton Sioux prisoners convicted for
participating in the outbreak referred to as the ``1862 Minnesota
Outbreak'';
(3) The list of Sioux scouts, soldiers, and heirs identified as
Sisseton and Wahpeton Sioux on the roll prepared under the Act of March
3, 1891 (26 Stat. 989 et seq., Chapter 543); or
(4) Any other Sisseton or Wahpeton payment or census roll that
preceded a roll referred to in paragraphs (s)(1)(i)(B)(1), (2), or (3)
of this section.
(ii) Be living on October 25, 1972;
(iii) Be a citizen of the United States;
(iv) Not be listed on the membership rolls for the following tribes:
(A) The Flandreau Santee Sioux Tribe of South Dakota;
(B) The Santee Sioux Tribe of Nebraska;
(C) The Lower Sioux Indian Community at Morton, Minnesota;
(D) The Prairie Island Indian Community at Welch, Minnesota;
(E) The Shakopee Mdewakanton Sioux Community of Minnesota;
(F) The Spirit Lake Tribe (formerly known as the Devils Lake Sioux
of North Dakota);
(G) The Sisseton-Wahpeton Sioux Tribe of South Dakota; or
(H) The Assiniboine and Sioux Tribes of the Fort Peck Reservation.
(v) Not be listed on the roll of Mdewakantan and Wahpakoota lineal
descendants prepared under 25 U.S.C. 1300d-1(b).
(2) The initial enrollment application period that closed on
November 1, 1973, is reopened as of May 24, 1999. The application period
will remain open until further notice.
(t)-(v) [Reserved]
(w) Lower Skagit Tribe of Indians. (1) All persons of Lower Skagit
ancestry born on or prior to and living on February 18, 1975, who are
lineal descendants of a member of the tribe as it existed in 1859 based
on the 1919 Roblin Roll and other records acceptable to the Assistant
Secretary, shall be entitled to have their names placed on the roll, to
be prepared and used as the basis to distribute the judgment funds
awarded the Lower Skagit Tribe in Indian Claims Commission docket 294.
Proof of Upper Skagit ancestry will not be acceptable as proof of Lower
Skagit ancestry.
(2) Applications for enrollment must have been filed with the
Superintendent, Puget Sound Agency, Bureau of Indian Affairs, 3006 Colby
Avenue, Everett, Washington 88201, and must have been received by close
of business on May 31, 1977. Applications received after that date will
be denied for failure to file in time regardless of whether the
applicant otherwise meets the requirements for enrollment.
(3) Payment of shares will be made in accordance with parts 87 and
115 of this chapter.
(x) Kikiallus Tribe of Indians. (1) All persons of Kikiallus
ancestry born on or prior to and living on February 18, 1975, who are
lineal descendants of a member of the tribe as it existed in 1859 based
on the 1919 Roblin Roll and other records acceptable to the Assistant
Secretary, shall be entitled to have their names placed on the roll, to
be prepared and used as the basis to distribute the judgment funds
awarded the Kikiallus Tribe in Indian Claims Commission docket 263.
[[Page 217]]
(2) Applications for enrollment must have been filed with the
Superintendent, Puget Sound Agency, Bureau of Indian Affairs, 3006 Colby
Avenue, Everett, Washington 98021, and must have been received by close
of business on May 31, 1977. Applications received after that date will
be denied for failure to file in time regardless of whether the
applicant otherwise meets the requirements for enrollment.
(3) Payment of shares will be made in accordance with parts 87 and
115 of this chapter.
(y) Swinomish Tribe of Indians. (1) All persons of Swinomish
ancestry born on or prior to and living on December 10, 1975, who are
lineal descendants of a member of the tribe as it existed in 1859 based
on the 1919 Roblin Roll and other records acceptable to the Assistant
Secretary, shall be entitled to have their names placed on the roll, to
be prepared and used as the basis to distribute the judgment funds
awarded the Swinomish Tribe in Indian Claims Commission docket 233.
(2) Application for enrollment must have been filed with the
Superintendent, Puget Sound Agency, Bureau of Indian Affairs, 3006 Colby
Avenue, Everett, Washington 98201, and must have been received by close
of business on May 31, 1977. Applications received after that date will
be denied for failure to file in time regardless of whether the
applicant otherwise meets the requirements for enrollment.
(3) Payment of shares will be made in accordance with parts 87 and
115 of this chapter.
(z) Samish Tribe of Indians. (1) All persons of Samish ancestry born
on or prior to and living on December 10, 1975, who are lineal
descendants of a member of the tribe as it existed in 1859 based on any
records acceptable to the Secretary, shall be entitled to have their
names placed on the roll to be prepared and used as the basis to
distribute the judgment funds awarded the Samish Tribe in Indian Claims
Commission docket 261.
(2) Applications for enrollment must have been filed with the
Superintendent, Puget Sound Agency, Bureau of Indian Affairs, 3006 Colby
Avenue, Everett, Washington 98201, and must have been received by close
of business on May 31, 1977. Applicants received after that date will be
denied for failure to file in time regardless of whether the applicant
otherwise meets the requirements for enrollment.
(3) Payment of shares will be made in accordance with parts 87 and
115 of this chapter.
[50 FR 46430, Nov. 8, 1985, as amended at 53 FR 11272, Apr. 6, 1988; 54
FR 14193, Apr. 7, 1989; 55 FR 7494, Mar. 2, 1990; 55 FR 41519, Oct. 12,
1990; 56 FR 10806, Mar. 14, 1991; 64 FR 19898, Apr. 23, 1999]
link below-
a257.g.akamaitech.net/7/257/2422/01apr20051500/edocket.access.gpo.gov/cfr_2005/aprqtr/25cfr61.4.htm