As used in these regulations: "Assistant Secretary" means the Assistant Secretary of the Interior for Indian Affairs or an authorized representative acting under delegated authority.

"Bureau" means the Bureau of Indian Affairs of the Department of the Interior.

"Commissioner" means the Commissioner of Indian Affairs or an authorized representative acting under delegated authority.

“Department" means the Department of the Interior.

"Director" means the Area Director of the Bureau of Indian Affairs area office which has administrative jurisdiction over the local field office responsible for administering the affairs of a tribe, band, or group of Indians or an authorized representative acting under delegated authority.

“Secretary” means the Secretary of the Interior or an authorized representative acting under delegate authority.

"Sponsor" means any authorized person, including an attorney, who files an appeal on behalf of another person.

"Superintendent" means the official or other designated representative of the Bureau of Indian Affairs in charge of the field office which has immediate administrative responsibility with respect to the affairs of a tribe, band, or group of Indians or an authorized representative acting under delegated authority.

"Tribal Committee” means the body of a federally recognized tribal entity vested with final authority to act on enrollment matters.

“Tribal governing document” means the written organizational statement governing a tribe, band or group of Indians and/or any valid document, enrollment ordinance or resolution enacted thereunder.

"Tribal member" means a person who meets the requirements for enrollment in a tribal entity and has been duly enrolled.

§ 62.2 Purpose.

(a) The regulations in this part are to provide procedures for the filing and processing of appeals from adverse enrollment actions by Bureau officials.

(b) The regulations in this part are not applicable and do not provide procedures for the filing of appeals from adverse enrollment actions by tribal committees, unless:

(1) The adverse enrollment action is incident to the preparation of a tribal roll subject to Secretarial approval; or

(2) An appeal to the Secretary is provided for in the tribal governing document.

§ 62.3 Information collection.

In accordance with the Office of Management and Budget regulations contained in 5 CFR 1320.3, approval of the information collection requirements contained in this part is not required.

§ 62.4 Who may appeal.

(a) A person who is the subject of an adverse enrollment action may file or

have filed on his/her behalf an appeal. An adverse enrollment action is:

(1) The rejection of an application for enrollment by a Bureau official incident to the preparation of a roll for Secretarial approval;

(2) The removal of a name from a tribal roll by a Bureau official incident to review of the roll for Secretarial approval;

(3) The rejection of an application for enrollment or the disenrollment of a tribal member by a tribal committee when the tribal governing document provides for an appeal of the action to the Secretary;

(4) The change in degree of Indian blood by a tribal committee which affects a tribal member when the tribal governing document provides for an appeal of the action to the Secretary;

(5) The change in degree of Indian blood by a Bureau official which affects an individual; and

(6) The certification of degree of Indian blood by a Bureau official which affects an individual.

(b) A tribal committee may file an appeal as provided for in § 61.11 of this chapter.

(c) A sponsor may file an appeal on behalf of another person who is subject to an adverse enrollment action.

§ 62.5 An appeal.

(a) An appeal must be in writing and must be filed with the Bureau official designated in the notification of an adverse enrollment action, or in the absence of a designated official, with the Bureau official who issued the notification of an adverse enrollment action; or when the notification of an adverse action is made by a tribal committee with the Superintendent.

(b) An appeal may be on behalf of more than one person. However, the name of each appellant must be listed in the appeal.

(c) An appeal filed by mail or filed by personal delivery must be received in the office of the designated Bureau official or of the Bureau official who issued the notification of an adverse enrollment action by close of business within 30 days of the notification of an adverse enrollment action, except when the appeal is mailed from outside the United States, in which case

the appeal must be received by the close of business within 60 days of the notification of an adverse enrollment action.

(d) The appellant or sponsor shall furnish the appellant's mailing address in the appeal. Thereafter, the appellant or sponsor shall promptly notify the Bureau official with whom the appeal was filed of any change of address, otherwise the address furnished in the appeal shall be the address of record.

(e) An appellant or sponsor may request additional time to submit supporting evidence. A period considered reasonable for such submissions may be granted by the Bureau official with whom the appeal is filed. However, no additional time will be granted for the filing of the appeal.

(f) In all cases where an appellant is represented by a sponsor, the sponsor shall be recognized as fully controlling the appeal on behalf of the appellant. Service of any document relating to the appeal shall be on the sponsor and shall be considered to be service on the appellant. Where an appellant is represented by more than one sponsor, service upon one of the sponsors shall be sufficient.

§ 62.6 Filing of an appeal.

(a) Except as provided in paragraph (b) of this section, a notification of an adverse enrollment action will be mailed to the address of record or the last available address and will be considered to have been made and computation of the appeal period shall begin

on:

(1) The date of delivery indicated on the return receipt when notice of the adverse enrollment action has been sent by certified mail, return receipt requested; or

(2) Ten (10) days after the date of the decision letter to the individual when notice of the adverse enrollment action has not been sent by certified mail return receipt requested and the letter has not been returned by the post office; or

(3) The date the letter is returned by the post office as undelivered whether the notice of the adverse enrollment action has been sent by certified mail

return receipt requested or by regular mail.

(b) When notification of an adverse enrollment action is under the regulations contained in Part 61 of this chapter, computation of the appeal period shall be in accordance with § 61.11.

(c) In computing the 30 or 60 day appeal period, the count begins with the day following the notification of an adverse enrollment action and continues for 30 or 60 calendar days. If the 30th or 60th day falls on a Saturday, Sunday, legal holiday, or other nonbusiness day, the appeal period will end on the first working day thereafter.

§ 62.7 Burden of proof.

(a) The burden of proof is on the appellant or sponsor. The appeal should include any supporting evidence not previously furnished and may include a copy or reference to any Bureau or tribal records having a direct bearing on the action.

(b) Criminal penalties are provided by statute for knowingly filing false or fraudulent information to an agency of the U.S. government (18 U.S.C. 1001).

§ 62.8 Advising the tribal committee.

Whenever applicable, the Superintendent or 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 if may deem pertinent, supported by any tribal records which have a bearing on the case. The Director or Superintendent may grant the tribal committee additional time, upon request, for its review.

§ 62.9 Action by the Superintendent.

When an appeal is from an adverse enrollment action taken by a Superintendent or tribal committee, the Superintendent shall acknowledge writing receipt of the appeal and shall forward the appeal to the Director to

in

gether with any relevant information or records; the recommendations of the tribal committee, when applicable; and his/her recommendations on the appeal.

§ 62.10 Action by the Director.

(a) Except as provided in paragraph (c) of this section, when an appeal is from an adverse enrollment action taken by a Superintendent or tribal committee, the Director will consider the record as presented together with such additional information as may be considered pertinent. Any additional information relied upon shall be specifically identified in the decision. The Director shall make a decision on the appeal which shall be final for the Department and which shall so state in the decision. The appellant or sponsor will be notified in writing of the decision. Provided that, the Director may waive his/her authority to make a final decision and forward the appeal to the Assistant Secretary for final action.

(b) When an appeal is from an adverse enrollment action taken by a Director, the Director shall acknowledge in writing receipt of the appeal and shall forward the appeal to the Assistant Secretary for final action together with any relevant information or records; the recommendations of the tribal committee, when applicable; and his/her recommendations.

(c) The Director shall forward the appeal to the Assistant Secretary for final action together with any relevant information or records; the recommendations of the tribal committee, when applicable; and his/her recommendations when the adverse enrollment action which is being appealed is either:

(1) The change in degree of Indian blood by a tribal committee which affects a tribal member and the tribal governing document provides for an appeal of the action to the Secretary;

or

(2) The change in degree of Indian blood by a Bureau official which affects an individual.

§ 62.11 Action by the Assistant Secretary. The Assistant Secretary will consider the record as presented, together with such additional information as may be considered pertinent. Any additional information relied upon shall be specifically identified in the decision. The Assistant Secretary shall make a decision on the appeal which shall be final for the Department and which shall so state in the decision. The appellant or sponsor will be notified in writing of the decision.

§ 62.12 Special instructions.

To facilitate the work of the Director, the Assistant Secretary may issue special instructions not inconsistent with the regulations in this Part 62.

(c) “Assistant Secretary” means the Assistant Secretary of the Interior for Indian Affairs or his/her authorized representative.

(d) "Director" means the Area Director, Anadarko Area Office, Bureau of Indian Affairs or his/her authorized representative.

(e) "Superintendent" means the Superintendent, Anadarko Agency, Bureau of Indian Affairs or his/her authorized representative.

(f) "Staff Officer" means the Enrollment Officer or other person authorized to prepare the roll.

(g) "Tribe" means the Delaware Tribe of Western Oklahoma.

(h) "Tribal Executive Committee” means the governing body of the Delaware Tribe of Western Oklahoma.

(i) "Tribal Membership Committee” means the tribal committee responsible for preparing and maintaining the tribal membership roll.

(j) "Tribal Membership Roll" means the list of names of persons who the tribe recognizes as members.

(k) "Tribal Member" means a person who has been enrolled by the tribe and whose name appears on the tribal membership roll.

(1) "Living" means born or prior to and living on the date specified.

(m) "Lineal descendants" means those persons who are the issue of the ancestor through whom enrollment rights are claimed, namely the children, grandchildren, etc. It does not include collateral relatives such as brothers, sisters, nieces, nephews, cousins, etc.

(n) "Constitution and Bylaws" means the written organizational framework for the governing of the tribe.

(o) "Sponsor" means parent, recognized guardian, next friend, next of kin, spouse, executor or administrator of estate, the Superintendent, or other person who files an application for enrollment or appeal on behalf of another person. Where an adult or guardian having custody of a minor authorizes a sponsor to act on behalf of an individual, that sponsor assumes the burden of proof of eligibility and will be recognized as fully representative of the applicant in all matters arising under this part. Service on the

sponsor of any document relating to the application or appeal shall be considered to be service on the individual.

(p) "1968 enrollee" means an individual whose name appeared on the roll of persons eligible to share in the distribution of certain judgment funds prepared pursuant to the Act of Congress approved September 21, 1968 (82 Stat. 861), Pub. L. 90-508, who established eligibility on the basis that his/ her name or the name of a lineal ancestor was on or was eligible to be on the constructed base census roll as of 1940 of the Absentee Delaware Tribe of Western Oklahoma, approved by the Secretary.

(q) "1972 enrollee” means an individual whose name appeared on the roll of persons eligible to share in the distribution of certain judgment funds prepared pursuant to the Act of Congress approved October 3, 1972 (86 Stat. 762), Pub. L. 92-456, who established eligibility on the basis that his/ her name or the name of a lineal ancestor was on or was eligible to be on the constructed base census roll as of 1940 of the Absentee Delaware Tribe of Western Oklahoma, approved by the Secretary.

§ 65.2 Purpose.

The regulations in this part are to govern the compilation of a membership roll of persons who meet the requirements specified in section 4 of the 1980 Act to serve as the basis for distributing judgment funds awarded the Delaware Tribe of Indiana and the Absentee Delaware Tribe of Western Oklahoma in Indian Claims Commission dockets 27-A and 241, 289, and 27B and 338, 27-E and 202, and 27.

§ 65.3 Qualifications for enrollment and the deadline for filing.

(a) The membership roll shall contain the names of persons living on August 1, 1980, who are citizens of the United States; and whose names appear on the tribal membership roll of the Delaware Tribe of Western Oklahoma, i.e., they meet the following requirements:

(1) The criteria specified in Article III of the constitution and bylaws of the Delaware Tribe of Western Oklahoma which states, in part:

Section 1. The membership of the Delaware Tribe of Western Oklahoma shall consist of the following persons; provided they have not received land or money by virtue of having been enrolled as a member of another Indian tribe:

(a) Those persons who prior to the ratification of this amendment [December 24, 1975] qualified for membership under previous membership requirements.

(b) All persons of Delaware Indian blood who received an allotment of land pursuant to the provisions of the Act of March 2, 1895 (28 Stat. 876), shall be included as full blood members of the tribe.

(c) All living lineal descendants of individuals eligible for membership under the provisions of Section 1(b) and Section 2 of the Article, who possess at least one-eighth (%) degree Delaware Indian blood and one of whose natural parents is a member of the Delaware Tribe of Western Oklahoma.

(d) All persons born on or after the effective date of the Constitution and Bylaws, [December 24, 1975] both of whose natural parents are members of the Delaware Tribe of Western Oklahoma regardless of Delaware Indian blood.

Section 2. All persons identified in Section 1(b) of this Article shall be considered as possessing 4ths degree Delaware Indian blood for the purpose of computing eligibility of their descendants for membership under Section 1(c) or 1(d) of this Article. Brothers and sisters of Delaware Indian blood of all persons identified in Section 1(b) shall likewise be considered as possessing 4ths degree Delaware Indian blood.

(2) They are adopted into membership by the tribe pursuant to any ordinance or resolution adopted by the tribe in accordance with Article III, Section 5 of the constitution and bylaws, and approved by the Secretary or his/her authorized representative.

(b) They file an application with the Superintendent, Anadarko Agency, Anadarko, Oklahoma 73005. Applications must be received by the Superintendent no later than close of business on March 17, 1981. Applications received after that date will be denied for inclusion on the roll being prepared for failure to file on time regardless of whether the applicant otherwise meets the requirements for enrollment. However, persons denied for late-filed applications may be considered for enrollment as members of the tribe for future purposes. If the filing deadline falls on a Saturday, Sunday, legal holiday or other nonbusiness