§ 44.9 Appeals.

Any appeal must be filed in writing with the Director within thirty (30) days from the receipt of the notice of rejection. The applicant may submit with his appeal any supporting data, not previously furnished. When upon review of the evidence submitted by appellant, the Director is satisfied that applicant has established his right to enrollment, appellant shall be so notified, and his name entered upon the proper roll. In any case where the Director determines applicant ineligible, the Director shall forward the appeal together with the complete record and his recommendation thereon to the Commissioner for transmittal to the Secretary.

§ 44.10 Action by the Secretary.

The decision of the Secretary on an appeal shall be final and the applicant shall be given written notice of the decision. The Director is authorized to enter on the proper roll the name of any such person whose appeal has been granted when so directed by the Secretary.

§ 44.11 Preparation and approval of rolls.

Upon completion of action on all applications filed within one year from August 30, 1954, and upon notice from the Secretary that all appeals have been determined, the Director shall prepare a separate roll for each of the Tribes to whom a judgment has been awarded consisting of the names of those persons determined to be of the blood of such Tribes. Each roll shall contain for each person the application number, the roll number, name, sex, address, and in the remarks column the name of the ancestor and the tribe through whom enrollee has established his right to eligibility. If such ancestor's name appears on some official document or roll, such document or roll should be cited; otherwise there should be shown the basis on which eligibility was determined. Each roll shall be submitted to the Secretary for his approval or that of his designated representative.

§ 45.1 Definitions.

As used in this part:

(a) "Tribe" means "Otoe and Missouria Tribe of Indians."

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

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

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

(e) "Allotment rolls" means "Allotment rolls of the Otoe and Missouria Tribe approved December 7, 1899, June 1, 1906, and January 17, 1907".

§ 45.2 Purpose.

The regulations in this part are to govern the compilation of a roll of persons of the blood of the Otoe and Missouria Tribe who were living on May 9, 1958, which roll shall be used for the

distribution of the judgment awarded the Otoe and Missouria Tribe by the Indian Claims Commission.

§ 45.3 Eligibility for enrollment.

Each person of Otoe and Missouria blood whose name appears on the allotment rolls of the Tribe approved December 7, 1899, June 1, 1906, and January 17, 1907, and who was living on May 9, 1958, and each descendant living on May 9, 1958, of allottees of Otoe and Missouria blood whose names appear on any one of the allotment rolls, regardless of whether such allottees are living or deceased, may, within six months after the date of the act (on or before November 9, 1958), submit an application for enrollment.

§ 45.4 Application forms.

Application forms may be obtained from the Director or from members of the Tribal Council.

§ 45.5 Filing applications.

Each adult person who believes he meets the requirements for enrollment may, within six months after the date of the act (on or before November 9, 1958), submit to the Area Director, Bureau of Indian Affairs, Federal Building, Anadarko, Oklahoma, an application for enrollment to share in the distribution of the Otoe and Missouria Judgment Funds. Applications for minors, mentally incompetent persons, members of the Armed Services stationed outside the Continental United States, or persons who have died since the date of the act, may be filed by the parent, recognized guardian, next of kin, next friend, spouse, executor or administrator of estate, or other person having custody or care of them within six months after the date of the act (on or before November 9, 1958). Each application shall contain, among other information:

(a) The name and address of applicant, and if application is filed on behalf of a minor, mentally incompetent person, a member of the Armed Services stationed outside the Continental United States, or a person who has died since May 9, 1958, the name and address of the person filing the

application for such individual and a statement of his relationship to the applicant.

(b) Identification of the allotment roll on which the name of applicant or applicant's ancestor appears and his or her roll number.

(c) In the case of a descendant of an allottee, the name of the allottee through whom right of enrollment is claimed.

(d) The relationship of applicant to ancestor on the roll.

(e) Present address of ancestor, if living.

§ 45.6 Burden of proof.

The burden of proof rests upon the applicant to establish that he or she is of the blood of the tribe, that his or her name appears on one of the allotment rolls, or that he or she is a descendant of a person of the blood of the tribe whose name appears on one of the allotment rolls.

§ 45.7 Action by the Director.

The Director shall consider each application and upon determination of the eligibility of the applicant, notify each person in writing of his decision. If such determination is favorable, the name of the applicant shall be placed on the 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 right of appeal to the Secretary.

§ 45.8 Appeals.

Appeals must be addressed to the Secretary and filed with the Director within 30 days from the receipt of the notice of rejection. The appellant may submit with his appeal any supporting evidence not previously furnished. When upon review of the evidence submitted by appellant, the Director is satisfied that he or she has established his or her right to enrollment, appellant shall be so notified and his or her name entered upon the roll. If the Director determines appellant ineligible, he shall forward the appeal, together with the completed record and his recommendation thereon, to the Commis

sioner for transmittal to the Secretary.

§ 45.9 Action by the Secretary.

The decision of the Secretary on an appeal shall be final and conclusive and the appellant shall be given written notice of the decision. The Director is authorized to enter on the roll the name of any person whose appeal has been granted when so directed by the Secretary.

§ 45.10 Preparation and approval of roll.

Upon completion of action on all applications and upon notice from the Secretary that all appeals have been determined, the Director shall prepare a roll consisting of the names of those persons determined to be eligible to share in the Otoe and Missouria Judgment Funds. The roll shall contain for each person a roll number, application number, name, sex, address, and in the remarks column, date of allotment roll and number or if a descendant, the name, allotment roll and allotment number of ancestor through whom enrollee has established his right to eligibility. The roll shall be submitted to the Secretary or his authorized representative for approval.

§ 46.2 Definitions.

As used in this part:

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

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

(c) "Director" means the Area Director, Sacramento Area Office.

(d) "Field Representative" means the Area Field Representative, Riverside, California.

(e) "Band" means the Rincon, San Luiseno Band of Mission Indians.

(f) "Enrollment Committee" means a committee of three (3) members of adult age and now on the census roll of the Rincon, San Luiseno Band, to assist in enrollment.

(g) "Census Roll" means the 1940 census roll of the Rincon, San Luiseno Band of Mission Indians, revised as of July 21, 1957.

tion of this part in the FEDERAL REGISTER, file with the Field Representative a written application for enrollment in this Band. Application forms may be obtained from the Field Representative or a member of the Enrollment Committee. The form of the application shall be prescribed by the Director. The execution of each application shall be witnessed by two (2) disinterested persons who are not members of the household of the applicant. An application on behalf of a minor or mental incompetent shall be executed by a parent, natural guardian, or other person responsible for his care. If the Area Director has knowledge of a minor or mental incompetent for whom an application has not been filed within the 1-year period, he shall file an application for that person and submit it to the Enrollment Committee. Each application shall contain the following information:

(a) The name and address of the applicant, and if the applicant is a minor or mental incompetent, the name, address, representative capacity and blood relationship of the person executing the application on behalf of the minor or mental incompetent.

(b) The date and place of birth of the applicant.

(c) The applicant's degree of Indian blood and degree of Indian blood of the Rincon, San Luiseno Band.

(d) The applicant's allotment number, date of trust patent, or date and number of assignment approved by the Tribal Council.

(e) If the applicant is unallotted, the names of relatives who may have received allotments, their blood relationship to the applicant, and the name of the reservation where such relative may be allotted.

(f) The name and degree of Indian blood of each parent of the applicant, the degree of Indian blood of the Rincon, San Luiseno Band, the name of the tribe or band with which each parent of the applicant is enrolled or affiliated, and the names and addresses of any brothers and sisters of the applicant who may have filed applications for enrollment.

(g) If the applicant has previously been enrolled on the approved roll of

Indians of California, the number thereon of the applicant.

[24 FR 5567, July 10, 1959, as amended at 35 FR 8823, June 6, 1970]

§ 46.5 Persons to be enrolled.

The names of persons in any of the following categories who were alive on July 21, 1957, shall be placed on the membership roll of the Rincon, San Luiseno Band of Mission Indians, provided he or she is not an enrolled member with some other tribe or band.

(a) Indians whose names appear as members of the Band on the census roll.

(b) Indians who have received allotments on the Rincon Reservation.

(c) Descendants of Indians whose names appear as members of the Band on the census roll, provided such descendants have % or more degree of Indian blood of the Band.

(d) Descendants of allottees having 8 degree or more of Indian blood of the Band.

(e) If an Indian who applies for enrollment under the provisions of paragraph (a), (c), or (d) of this section has received in his or her own right an allotment with some band or tribe, and has not relinquished such allotment prior to July 21, 1957, such person shall not be enrolled. Ownership of an allotment or an interest in an allotment acquired through inheritance shall not, however, be a bar to enrollment.

§ 46.6 Enrollment Committee election.

A person whose name now appears as a member on the census roll of the Band shall be entitled to vote at a time and place and in a manner designated by the Band or the Director, to elect three (3) persons, twenty-one (21) years of age or older, whose names appear on such roll, as members of the Enrollment Committee and two (2) persons to act as alternates to the Committee. Three (3) persons reIceiving the highest number of votes shall constitute the Enrollment Committee of the Band, and the persons receiving the fourth and fifth highest number of votes shall serve as alternate members of the Committee. The

person receiving the highest number of votes shall be the chairman; the person receiving the next highest number of votes shall be the secretary.

§ 46.7 Review of applications by Enrollment Committee.

The Field Representative shall refer duly filed applications for enrollment to the Enrollment Committee. The Enrollment Committee shall review each such application and may require an applicant to furnish additional information in writing or in person to assist the Enrollment Committee to make a recommendation. The Enrollment Committee shall file with the Director, through the Field Representative, those applications which it approves and with those applications not approved shall submit a separate report stating reasons for disapproval. These applications, whether approved or disapproved, shall be filed with the Director within thirty (30) days from receipt of the applications by the Committee.

§ 46.8 Determination of eligibility and enrollment by Director.

The Director shall review the reports and recommendations of the Enrollment Committee and shall determine the applicants who are eligible for enrollment in accordance with the provisions of § 46.5. The Director shall transmit for review to the Commissioner and for final determination by the Secretary, the reports and recommendations of the Enrollment Committee relating to applicants who have been determined by the Director to be eligible for enrollment against the report and recommendation of the Enrollment Committee, and the reports and recommendations of the Enrollment Committee relative to applicants who have been determined by the Director not to be eligible for enrollment against the reports and recommendations of the Enrollment Committee. With a statement of the reasons for his determination.

§ 46.9 Appeals.

If the Director determines that an applicant is not eligible for enrollment in accordance with the provisions of

§ 46.5, he shall notify the applicant in writing of his determination and the reasons therefor. Such applicant shall then have thirty (30) days from the date of mailing of the notice to him to file with the Director an appeal from the rejection of his application, together with any supporting evidence not previously furnished. The Director shall forward to the Commissioner the appeal, supporting data, his recommendation thereon, and the report and recommendation of the Enrollment Committee on the application.

§ 46.10 Action by the Commissioner.

When upon review the Commissioner is satisfied that the appellant meets the provisions of § 46.5 he shall so notify the appellant in writing, and the Director is authorized to enter his name on the roll. If the Commissioner determines that an appellant is not eli.gible for enrollment in accordance with the provisions of § 46.5 the appellant shall be notified in writing of his decision and the reasons therefor. The appellant shall then have thirty (30) days from the date of mailing of the notice to file an appeal with the Secretary.

§ 46.11 Action by the Secretary.

The decision of the Secretary on an appeal shall be final and conclusive and the appellant shall be given written notice of the decision. The Director is authorized to enter on the roll the name of any such person whose appeal has been granted when so directed by the Secretary.

§ 46.12 Preparation and approval of roll.

Upon notice from the Secretary that all appeals have been determined the Director shall prepare in quintuplicate a roll of members of the Band, arranged in alphabetical order. The roll shall contain for each person: Name, address, sex, date of birth, and degree of Indian blood of the Rincon, San Luiseno Band of Mission Indians. The Director shall submit the roll to the Secretary for approval. Four (4) copies of the approved roll shall be returned to the Director, who shall make one (1) copy available to the Chairman of the Tribal Council and one (1) copy