and shall not be entitled to share in any use or in any distribution of tribal assets which may be made in the future to the enrolled members of the Band.

875.18 Adoption.

The Tribal Council of the Eastern Band of Cherokee Indians shall be empowered to enact ordinances governing the adoption of new members.

[39 FR 43391, Dec. 13, 1974. Redesignated at 47 FR 13327, Mar. 30, 1982]

§ 75.19 Distribution of judgment funds.

The membership roll of the Eastern Band of Cherokee Indians of North Carolina will be brought up to date as of October 10, 1974, to serve as the basis for distributing certain judgment funds awarded to the Band in Indian Claims Commission dockets 282-A through L.

(a) Filing of and action on applications shall be in accordance with regulations in this part 75, except as otherwise provided in paragraphs (b) through (g) of this section.

(b) In lieu of notice provisions contained in § 75.3, the Commissioner of Indian Affairs or his authorized representative shall provide notice of the bringing up to date of the membership roll through publication of these amended regulations in the FEDERAL REGISTER and through appropriate press releases and other public notices.

(c) Application forms may be obtained from the Tribal Enrollment Office of the Eastern Band of Cherokee Indians, Council House, Cherokee, North Carolina 28719. Completed applications must be received by the Tribal Enrollment Office no later than midnight January 8, 1975.

(d) Requests for applications for enrollment in the Band received after midnight of the deadline date will not be furnished until after the funds have been distributed.

(e) In lieu of the procedures given in § 75.14, appeals from rejected applicants must be in writing and filed pursuant to part 62 of this subchapter, a copy of which shall be furnished with each notice of rejection.

(f) The Tribal Council and the Superintendent shall attach separate statements to the roll certifying that

Census Roll means the June 30, 1910, Census Roll of the San Pasqual Band of Mission Indians.

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

Descendant(s) 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, nephews, nieces, cousins, etc., or adopted children, grandchildren, etc.

Director means the Area Director, Sacramento Area Office, Bureau of Indian Affairs or an authorized representative acting under delegated authority.

Enrollment Committee means a committee of three (3) members whose names appear on the membership roll of the San Pasqual Band of Mission Indians prepared as of January 1, 1959, to assist in enrollment.

General Council means the governing body of the San Pasqual Band of Mission Indians which consists of all members of the Band 18 years of age or older.

Living means born on or before and alive on the date specified.

Member(s) means persons who names appear on the membership roll of the San Pasqual Band of Mission Indians prepared as of January 1, 1959.

Membership roll means the membership roll of the San Pasqual Band of Mission Indians prepared as of Janaury 1, 1959, and approved October 5, 1966.

Plan means the plan for the use and distribution of judgment funds awarded the San Pasqual Band of Mission Indians by the U.S. Court of Claims in Docket 80-A, prepared pursuant to the Act of October 19, 1973, 25 U.S.C. 1401 et seq., as amended, and effective April 27, 1985.

Secretary means the Secretary of the Interior or an authorized representative acting under delegated authority.

Staff officer means the Enrollment Officer of other personal authorized to prepare the roll.

Superintendent means the Superintendent, Southern California Agency, Bureau of Indian Affairs, or an authorized representative acting under delegated authority.

876.2 Purpose.

The regulations in this part 76 are to provide procedures to bring current the membership roll of the San Pasqual Band of Mission Indians to serve as the basis for the distribution of judgment funds awarded the Band by the U.S. Court of Claims in Docket 80A.

876.3 Information collection.

The Office of Management and Budget has informed the Department of the Interior that the information collection requirements contained in this part need not be reviewed by them under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

876.4 Additions to and deletions from the membership roll and the deadline for filing application forms.

(a) The membership roll of the Band shall be brought current to April 27, 1985, by:

(1) Adding the names of persons living on April 27, 1985, who are not enrolled with some other tribe or band; and

(i) Who would have qualified for the inclusion of their names on the January 1, 1959, membership roll of the Band had they filed applications within the time prescribed, or

(ii) Who were born after January 1, 1959, and

(A) Are descendants of Indians whose names appear as members of the Band on the Census Roll, provided such descendants possess one-eighth (%) or more degree of Indian blood of the Band, or

(B) Are Indians who can furnish sufficient proof to establish that they are % or more degree of Indian blood of the Band; and

(iii) Who file or have filed on their behalf application forms with the Superintendent, Southern California

Agency, Bureau of Indian Affairs, 3600 Lime Street, Suite 722, Riverside, California 92501, by November 18, 1987. 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 membership. Except that members whose names appear on the membership roll shall not be required to file applications in accordance with this paragraph.

(2) Deleting the names of members who have relinquished in writing their membership in the Band or who have died since January 1, 1959, but prior to April 27, 1985, for whom certified documentation has been submitted.

(b) Members whose names appear on the membership roll whose enrollment was based on information subsequently determined to be inaccurate may be deleted from the roll subject to the approval of the Assistant Secretary.

§ 76.5 Notices.

(a) The Director shall give notice to all Directors of the Bureau of Indian Affairs and all Superintendents within the jurisdiction of the Director, of the preparation of the roll for public display in Bureau field offices. Reasonable efforts shall be made to place notices for public display in community buildings, tribal buildings, and Indian centers.

(b) The Superintendent shall, on the basis of available residence data, publish and republish when advisable, notices of the preparation of the roll in appropriate locales utilizing media suitable to the circumstances.

(c) The Superintendent shall mail notices of the preparation of the roll to enrollees at the last address available.

(d) Notices shall advise of the preparation of the roll and the relevant procedures to be followed including the qualifications for enrollment and the deadline for filing application forms to be eligible for enrollment. The notices shall also state how and where application forms may be obtained as well as the name, address, and telephone number of a person who may be contacted for further information.

$76.6 Application forms.

(a) Application forms to be filed by or for applicants for enrollment will be furnished by the Director, Superintendent, or other designated persons, upon written or oral request. Each person furnishing application forms shall keep a record of the names of individuals to whom forms are given, as well as the control numbers of the forms and the date furnished. Instructions for completing and filing applications shall be furnished with each form. The form shall indicate prominently the deadline for filing application forms.

(b) Among other information, each application form shall contain:

(1) Certification as to whether application form is for a biological child or adopted child of the parent through whom eligibility is claimed.

(2) If the application form is filed by a sponsor, the name and address of sponsor and relationship to applicant.

(3) A control number for the purpose of keeping a record of forms furnished interested individuals.

(4) Certification that the information given on the application form is true to the best of the knowledge and belief of the person filing the application form. Criminal penalties are provided by statute for knowingly filing false information in such applications (18 U.S.C. 1001).

(c) Application forms may be filed by sponsors on behalf of other per

sons.

(d) Every applicant or sponsor shall furnish the applicant's mailing address on the application form. Thereafter, the applicant or sponsor shall promptly notify the Superintendent of any change in address, giving appropriate identification of the application, otherwise the mailing address as stated on the form shall be acceptable as the address of record for all purposes under the regulations in this part 76.

8 76.7 Filing of application forms.

(a) Application forms filed by mail must be postmarked no later than midnight on the deadline specified. Where there is no postmark date showing on the envelope or the post

mark date is illegible, application forms mailed from within the United States, including Alaska and Hawaii, received more than 15 days and application forms mailed from outside of the United States received more than 30 days after the deadline specified in the office of the Superintendent, will be denied for failure to file in time.

(b) Application forms filed by personal delivery must be received in the office of the Superintendent no later than close of business on the deadline specified.

(c) If the deadline for filing application forms falls on a Saturday, Sunday, legal holiday, or other nonbusiness day, the deadline will be the next working day thereafter.

§ 76.8 Verification forms.

The Superintendent shall mail a verification form to each member at the last available address to be completed and returned. The verification form will be used to ascertain the member's current name and address and that the member is still living, or if deceased, the member's date of death. Name and/or address changes will only be made if the verification form is signed by an adult member, if living, or the parent or guardian having legal custody of a minor member, or an authorized sponsor. The verification form may be used by any sponsor to notify the Superintendent of the date of death of a member.

§ 76.9 Burden of proof.

The burden of proof rests upon the applicant to establish 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 of eligibility for enrollment. Records of the Bureau of Indian Affairs may be used to establish eligibility. Except that where the Enrollment Committee recommends the deletion of the name of a member from the membership roll, the burden of proof is on the Enrollment Committee. 876.10 Enrollment Committee election.

(a) At a regular or special meeting at which there is a quorum, the General Council shall elect three (3) persons

whose names appear on the membership roll to serve as members of the Enrollment Committee and two (2) persons to act as alternates to the Committee. The three (3) persons receiving 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 Enrollment Committee. The person receiving the highest number of votes shall serve as chairman of the Enrollment Committee.

(b) The Band may elect the Enrollment Committee prior to September 21, 1987. The term of office for the members of the Enrollment Committee shall be two (2) years from September 21, 1987. The Enrollment Committee, so elected, shall replace any Enrollment Committee previously elected under the regulations contained in this part 76.

§ 76.11 Review of applications by the Enrollment Committee.

(a) The Superintendent shall submit all applications to the Enrollment Committee for review and recommendations; except that, in the cases of adopted persons where the Bureau of Indian Affairs has assured confidentiality to obtain the information necessary to determine the eligibility for enrollment of the individual or has the statutory obligation to maintain the confidentiality of the information, the confidential information may not be released to the Enrollment Committee, but the Superintendent shall certify as to the eligibility for enrollment of the applicant to the Enrollment Committee.

(b) The Enrollment Committee shall review all applications and make its recommendations in writing stating the reasons for acceptance or rejection for enrollment.

(c) The Enrollment Committee shall return the applications to the Superintendent with its recommendations and any additional evidence used in determining eligibility for enrollment within 30 days of receipt of the applications by the Enrollment Committee. The Superintendent may grant the

(1) If the Superintendent does not accept the tribal recommendation, the Enrollment Committee shall be notified in writing, by certified mail, return receipt requested, or by personal delivery, of the action and the reasons therefor.

(2) The Enrollment Committee may appeal the decision of the Superintendent not to accept the tribal recommendation. Such appeal must be in writing and must be filed pursuant to part 62 of this chapter.

(b) The Superintendent, upon determining an individual's eligibility, shall notify the individual, parent or guardian having legal custody of a minor, or sponsor, as applicable, in writing of the decision. If an individual files applications on behalf of more than one person, one notice of eligibility or adverse action may be addressed to the person who filed the applications. However, the notice must list the name of each person involved. Where an individual is represented by a sponsor, notification of the sponsor of eligibility or adverse action shall be considered to be notification of the individual.

(1) If the Superintendent determines that the individual is eligible, the name of the individual shall be placed on the roll.

(2) If the Superintendent determines that the individual is not eligible, he/ she shall notify the individual, parent or guardian having legal custody of a minor, or sponsor, as applicable, in writing by certified mail, to be received by the addressee only, return receipt requested, and shall explain fully the reasons for the adverse action and the right to appeal to the Secretary. If correspondence is sent

out of the United States, registered mail will be used. If a certified or registered notice is returned as "Unclaimed," the Superintendent shall remail the notice by regular mail together with an acknowledgment of receipt form to be completed by the addressee and returned to the Superintendent. If the acknowledgment of receipt is not returned, computation of the appeal period shall begin on the date the notice was remailed. Certified or registered notices returned for any reason other than "Unclaimed" need not be remailed.

(c) Except as provided in paragraph (b)(2) of this section, a notice of adverse action is considered to have been made and computation of the appeal period shall begin on the earliest of the following dates:

(1) Of delivery indicated on the return receipt;

(2) Of acknowledgment of receipt;
(3) Of personal delivery; or

(4) Of the return by the post office of an undelivered certified or registered letter.

(d) In all cases where an applicant is represented by an attorney, the attorney shall be recognized as fully controlling the application on behalf of the applicant and service on the attorney of a document relating to the application shall be considered to be service on the applicant. Where an applicant is represented by more than one attorney, service upon one of the attorneys shall be sufficient.

(e) To avoid hardship or gross injustice, the Superintendent may waive technical deficiencies in applications or other submissions. Failure to file by the deadline does not constitute a technical deficiency.

§ 76.13 Appeals.

Appeals from or on behalf of applicants who have been denied enrollment must be in writing and must be filed pursuant to part 62 of this chapter. When the appeal is on behalf of more than one person, the name of each person must be listed in the appeal. A copy of part 62 of this chapter shall be furnished with each notice of adverse action.