means the

(e) "Allotment rolls" Omaha allotment rolls finally approved pursuant to the Acts of Congress of August 7, 1882 (22 Stat. 341), and March 3, 1893 (27 Stat. 612).

(f) "Staff officer" means the Enrollment Officer authorized to prepare a membership roll to serve as the basis for the distribution of the judgment funds awarded to the Omaha Tribe of Indians.

(g) "Governing body of the Tribe" means the Omaha Tribal Council.

(h) "Descendants" means those persons who have issued from an individual listed on the Allotment rolls and include the allottee's children, grandchildren, great-grandchildren, greatgreat-grandchildren, and so on, who possess Omaha blood of the degree of one-fourth or more.

§ 50.2 Purpose.

The regulations in this part are to govern the compilation of a roll of persons who meet the enrollment requirements specified in the Act of September 14, 1961 (75 Stat. 508), to serve as the basis for the distribution of the judgment funds awarded to the Omaha Tribe of Nebraska.

§ 50.3 Eligibility for enrollment.

(a) All persons of Omaha Indian blood living on September 14, 1961, whose names appear on the Allotment rolls, and the descendants of such allottees who were born and living on September 14, 1961, regardless of whether the allottees are living or deceased, and for whom an application for enrollment is filed as required by § 50.5 shall be eligible for enrollment, provided that such descendants possess at least one-fourth degree of Omaha Indian blood; and provided further, that no person who is enrolled with another tribe of Indians or who has received an allotment of land on any other reservation shall be enrolled unless the enrollment application of such person is approved by a two-thirds vote of the governing body of the Tribe.

(b) Children of Indian blood of other tribes and non-Indian children who have been legally adopted by Omaha Indians shall not be considered as possessing Omaha Indian blood. Omaha Indian children adopted by non-Indians shall be eligible if they otherwise meet the requirements for enrollment. § 50.4 Application forms.

(a) Application forms prescribed by the Secretary of the Interior may be obtained from the Director; the Winnebago Agency, Winnebago, Nebraska; or from the Omaha Tribal Council, Macy, Nebraska.

(b) Among other information, each application requires:

(1) The name, address, and date of birth of the applicant and, if application is filed on behalf of a minor, a mental incompetent, a member of the Armed Forces stationed outside the Continental United States, or a person who has died since September 14, 1961, the name and address of person

filing for such individual and a statement as to his relationship to applicant.

(2) Degree of Omaha Indian blood claimed.

(3) Name, allotment roll number, date of allotment roll, degree of Omaha blood, and relationship of applicant to Allottee through whom eligibility is claimed, including Indian name, if known.

§ 50.5 Filing of applications.

Any adult person who desires to be enrolled to share in the judgment funds and believes he meets the requirements for enrollment must file or have filed in his behalf a completed application form with the Director on or before January 15, 1962. Written application forms for minors, mentally incompetent persons, members of the Armed Forces stationed outside the Continental United States or persons who have died since September 14, 1961, may be filed by the parent, recognized guardian, next of kind, next friend, spouse, executor or administrator of estate, the Director, or other person on or before January 15, 1962.

§ 50.6 Burden of proof.

The burden of proof rests upon the applicant to establish his eligibility for enrollment with the Tribe. Such proof may be partly established by documentary evidence such as birth certificates, death certificates, baptismal records, copies of probate findings, affidavits, etc.

§ 50.7 Review of applications and action by Tribe.

For a period of three months from January 15, 1962, the Director shall permit the examination of the applications by the governing body of the Omaha Tribe of Nebraska for the purpose of lodging protests against any application and to permit the governing body of the Tribe to take necessary action on applications filed by persons enrolled with other tribes of Indians or who have received allotments of land on other reservations. Allotments or interests in allotments on other reservations received through

inheritance or purchase will not disqualify an applicant for enrollment.

§ 50.8 Action by the Director.

The Director shall consider each application and the tribal governing body's action thereon. When the Director disagrees with the tribal action taken on any application the file in the matter shall be transmitted with the Director's recommendation to the Commissioner for secretarial decision. When there is no disagreement, upon determination of the eligibility of the applicant, the Director shall notify the applicant in writing of his decision. If such determination is favorable, the name of the applicant shall be placed on the roll. If the Director's determination is adverse, the applicant shall be notified of such decision in writing by certified mail, return receipt requested, together with a full explanation of the reasons therefor and of his right to appeal to the Secretary. If an individual files applications on behalf of more than one person, one notice of eligibility or rejection may be addressed to the person who filed the applications. Said notice must list the name of each person involved.

§ 50.9 Appeals.

The applicant's appeal from the Director's adverse decision must be in writing addressed and mailed to the Director and received by him within 30 days from the receipt of the rejection notice. Any supporting evidence not previously furnished should be submitted by the applicant. When upon review of the evidence, the Director is satisfied that the right to enrollment has been established, the applicant shall be so notified and his name entered on the roll. If the Director still determines the applicant ineligible, he shall forward the appeal, together with the complete record and his recommendations thereon, to the Commissioner for transmittal to the Secretary.

§ 50.10 The decision of the Secretary on appeal.

The decision of the Secretary on an appeal shall be final and conclusive

and written notice of the decision shall be given. When so directed by the Secretary, the director shall enter on the roll the name of any person whose appeal has been sustained.

§ 50.11 Preparation of roll.

The staff officer shall prepare in quintuplicate a roll of those persons determined to be eligible for enrollment. The roll shall contain for each person a roll number, name, address, sex, date of birth, degree of Omaha blood and, in the remarks column, the allotment roll number, date of allotment roll, name and relationship of allottee through whom eligibility was established.

§ 50.12 Certification and approval of roll.

A certificate shall be attached to the roll by the staff officer certifying that to the best of his knowledge and belief the roll contains only the names of those persons who were determined to meet the requirements of the law. The Director shall act as the Secretary's representative in approving the roll.

§ 50.13 Special instructions.

To facilitate the work of the Director, the Commissioner may issue spe cial instructions not inconsistent with the regulations in this part.

52.2 Purpose and scope.

52.3 Group eligibility.

52.4 Assistance from the Department of the Interior.

52.5 Request to call election.

52.6 Entitlement to vote.

52.7 Adoption by majority vote. 52.8 Election Board.

52.9 District Election Boards.

52.10 Voting districts.

52.10a Registration.

52.11 Voting list.

52.12 Eligibility disputes.
52.13 Election notices.

52.14 Opening and closing of polls.
52.15 Manner of voting.
52.16 Ballots.

52.17 Absentee voting.

52.18 Contesting of election results. 52.19 Interpreters.

52.20 Electioneering.

52.21 Certifying election returns.

AUTHORITY: 25 U.S.C. 476.

SOURCE: 29 FR 14359, Oct. 17, 1964, unless otherwise noted.

§ 52.1 Definitions.

As used in this Part 52:

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

(b) "Secretarial election" means an election held within a tribe pursuant to regulations prescribed by the Secretary.

(c) "Officer in Charge" means the Superintendent, Administrative Officer, or other official of the local unit of the Bureau of Indian Affairs having jurisdiction.

(d) "Indian" means all persons who are members of, or are eligible for membership in, an Indian tribe under Federal jurisdiction and which tribe has not voted to exclude itself from the Act of June 18, 1934 (43 Stat. 984, as amended, 25 U.S.C. 461, et seq.).

(e) "Adult Indian" means any Indian who has attained the age of 18 years. (f) "Tribe" means any Indian tribe, organized band, pueblo, or the Indians

residing on an Indian reservation or reservations. Such tribes may consist of any consolidation of one or more tribes or parts of tribes.

(g) "Recognized tribe" means any Indian tribe which has entered into a treaty, convention or executive agreement with the Federal Government or whose tribal entity has been otherwise recognized by the United States.

(h) "Reservation" means any area established by treaty, Federal statute, executive order, or otherwise for the use and occupancy of Indians.

(i) "Indian Feorganization Act" means the Act of June 18, 1934 (48 Stat. 984, as amended, 25 U.S.C. 461, et seq.).

(j) "Constitution," "constitution and bylaws" means the written organizational framework of any organized tribe for the exercise of governmental powers.

(k) "Organized tribe" means a tribe which accepted the Act of June 18, 1934 (48 Stat. 984, as amended, 25 U.S.C. 461, et seq.), and adopted a constitution pursuant to the provisions of the Act, supra.

(1) "Unorganized tribe" means a tribe which, not having voted to exclude itself from the Act of June 18, 1934 (48 Stat. 984, as amended, 25 U.S.C. 461, et seq.), is entitled to organize pursuant to the provisions of the Act, supra, but has not done so.

[29 FR 14359, Oct. 17, 1964, as amended at 38 FR 9999, Apr. 23, 1973]

§ 52.2 Purpose and scope.

The purpose of this Part 52 is to provide uniformity and order in holding elections to vote on constitutions and bylaws and constitutional amendments, and to facilitate the calling of such elections by the Secretary under the provisions of the Indian Reorganization Act.

§ 52.3 Group eligibility.

A constitution and bylaws may be adopted (a) by a tribe or tribes of a reservation, (b) by adult Indian residents of a reservation, or (c) by a traditionally recognized tribe, except that

no group which has voted to reject the provisions of the Indian Reorganization Act shall be organized under the Act. A tribe organized under the Indian Reorganization Act shall adopt amendments to its constitution and bylaws under the regulations in this part.

§ 52.4 Assistance from the Department of the Interior.

The Department of the Interior will cooperate with and offer advice and assistance to any eligible group in drafting a constitution and bylaws or an amendment.

§ 52.5 Request to call election.

The Secretary will authorize the calling of an election on adoption of a constitution and bylaws upon request by the tribal governing body or an authorized representative committee or upon petition filed by at least onethird of the adult members of the group. An election of the adoption of amendments to the constitution and bylaws shall be authorized by the Secretary when requested as provided in the amendment article of the constitution and bylaws; however, the election shall be conducted in the manner prescribed in the rules and regulations in this part. The Secretary may propose amendments to the constitution for consideration at Secretarial elections, unless the constitution and bylaws for Secretarial elections provides otherwise. Any authorization not acted upon within ninety (90) days from the Idate of issuance will be considered void.

[32 FR 11778, Aug. 16, 1967]

§ 52.6 Entitlement to vote.

(a) If the unorganized group is a tribe or tribes of a reservation:

(1) Any adult member regardless of residence shall be entitled to vote: Provided, He has duly registered.

(2) Duly registered adult nonresidents or ill or physically disabled registered members may vote by absentee ballot. See § 52.17.

(b) If the unorganized group is composed of the adult Indian residents of a reservation:

(1) Any adult Indian resident shall be entitled to vote: Provided, He has duly registered.

(2) Absentee voting shall be permitted for duly registered residents temporarily absent from the reservation, ill, or physically disabled.

(c) For organized tribes voting in elections for amendments of the constitution and bylaws, only voters who have duly registered are entitled to vote, i.e., if the group was organized as a tribe, absentee balloting is permitted, but if the group was organized as residents of a reservation, absentee balloting will not be permitted except as provided in paragraph (b)(2) of this section.

[32 FR 11778, Aug. 16, 1967]

§ 52.7 Adoption by majority vote.

A constitution and bylaws or amendment shall be considered adopted if a majority of those actually voting vote in favor of adoption provided the total vote cast is not less than 30 percent of those entitled to vote; but no action shall become effective until it is approved by the Secretary.

§ 52.8 Election Board.

(a) There shall be an Election Board consisting of the Officer in Charge acting as chairman and two representatives of an authorized council or committee of Indians. In addition the Officer in Charge may appoint an interpreter and as many clerks and poll watchers as he deems necessary but they shall not be members of the board.

(b) It shall be the duty of the board to conduct elections in compliance with the procedures described in this Part 52 and in particular, (1) to see that the name of each person offering to vote is on the official list of registered voters; (2) to keep the ballot boxes locked at all times except when ballots are being counted; (3) to see that the ballot is cast by the voter himself and that thereupon the voting list is checked to indicate this; (4) as a board to count the regularly cast ballots immediately after the close of the polls, and the absentee ballots immediately after expiration of the time for their receipt; (5) to certify the election