(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 day, the deadline will be the next working day thereafter. Except that current tribal members shall not be required to file applications in accordance with this paragraph.

§ 65.4 Notices and application forms.

(a) The Director shall mail to each 1968 enrollee and/or 1972 enrollee at the last address of record a notice advising them of the preparation of rolls of Delaware Indians pursuant to the 1980 Act, the requirements for enrollment, and the need to file or have filed on their behalf a completed application form before the deadline specified in § 65.3 in order to be eligible to share in the distribution of judgment funds. The notice shall also state how and where application forms may be obtained.

(b) Application forms to be filed by applicants for enrollment will be furnished by the 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 applications 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 applications.

(c) Among other information, each application shall contain:

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

(2) If the application 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 applications furnished interested individuals.

§ 65.5 Filing of applications.

(a) Any person not already a tribal member who desires to be enrolled and who believes he/she meets the requirements for enrollment specified in the 1980 Act and the regulations in this part, including any person who has previously been denied enrollment by the Tribal Membership Committee, must file or have filed for them a completed application form with the Superintendent or other designated person on or before the deadline specified in §65.

(b) Written application forms for minors, mentally incompetent persons or other persons in need of assistance, for members of the Armed Services or other services of the U.S. Government and/or members of their families stationed in Alaska, Hawaii, or elsewhere outside the continental United States, or for a person who died after June 12, 1979, may be filed by the sponsor on or before the deadline.

(c) Every applicant or sponsor shall furnish the applicant's mailing address on the application. Thereafter, he/she shall promptly notify the Superintendent of any change in address, giving appropriate identification of the application, otherwise the address as stated

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shall be acceptable as the proper address.

(d) Criminal penalties are provided by statute for knowingly filing false information in such applications (18 U.S.C. 1001).

$65.6 Burden of proof.

The burden of proof of eligibility for enrollment rests upon the person filing the application. Documentary evidence such as birth certificates, death certificates, baptismal records, copies of probate findings or affidavits must be used to support claims for enrollment. Records of the Bureau of Indian Affairs may also be used to establish eligibility.

§65.7 Action by the Tribe.

(a) Applications received by the Superintendent shall be submitted to the Tribal Membership Committee for review. The Tribal Membership Committee shall, by resolution, make their decision. The decision shall state the reason(s) for approval or rejection of the applicant for tribal membership.

(b) The Tribal Enrollment Committee shall prepare a tribal membership roll brought current as of August 1, 1980, and submit it to the Superintendent for review.

$65.8 Action by the Superintendent.

(a) The Superintendent shall review the tribal membership roll and determine that only the names of persons who meet the requirements specified in §65.3 appear on the membership roll. If the Superintendent determines that the inclusion or omission of a name is clearly erroneous, he/she shall remove or add the name of the person. The Superintendent shall notify the Tribal Enrollment Committee of any such actions and the reasons therefor. The determination by the Superintendent shall only affect the individual's eligibility to share in the distribution of the judgment funds.

(b) Upon determining an individual's eligibility, the Superintendent shall notify the tribal member, parent or guardian having legal custody of a minor tribal member, applicant, or sponsor, as applicable, in writing of the decision. If the Superintendent decides the tribal member or applicant is not

eligible, he/she shall notify the individual 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 of the right to appeal to the Secretary. If correspondence is sent out of the United States, it may be necessary to use registered mail. If an individual has filed applications on behalf of more than one person, one notice of eligibility or adverse action may be addressed to the applicant or sponsor who filed the applications. However, said notice must list the name of each applicant involved. If a certified or registered notice is returned as "Unclaimed" the Superintendent shall remail the notice by regular mail together with an acknowledgement of receipt form to be completed by the addressee and returned to the Superintendent. If the acknowledgement 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) A notice of eligibility or adverse action is considered to have been made on the date:

(1) Of delivery indicated on the return receipt;

(2) of acknowledgement 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, such attorney will be recognized as fully controlling the same on behalf of his/her client; and service of any document relating to the application shall be considered to be service on the applicant he/ she represents. 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.

$65.9 Appeals.

Appeals from tribal members or applicants who have been denied enrollment must be in writing and must be filed pursuant to part 62 of this subchapter, a copy of which shall be furnished with each notice of adverse action.

§ 65.10 Decision of the Secretary on appeals.

The decision of the Secretary on an appeal shall be final and conclusive, and written notice of the decision shall be given to the tribal member, applicant, or sponsor. When so directed by the Secretary, the Assistant Secretary shall cause to be entered on the roll the name of any person whose appeal has been sustained. The determination by the Secretary shall only affect the individual's eligibility to share in the distribution of judgment funds.

§ 65.11 Preparation of roll.

The staff officer shall prepare a minimum of 5 copies of the roll of those persons determined to be eligible for enrollment. The names of the persons whose appeals are sustained will be added to the roll when they establish eligibility. In addition to other information which may be shown, the complete roll shall contain for each person an identification number, name, address, sex, date of birth, date of death (if applicable), degree of tribal blood, and the authority for enrollment.

§ 65.12 Certification and approval of the roll.

A certificate shall be attached to the roll by the Superintendent certifying that to the best of his/her knowledge and belief the roll contains only the names of those persons who were determined to meet the requirements for enrollment. The Director shall approve the roll.

§ 65.13 Special instructions.

To facilitate the work of the Superintendent, the Assistant Secretary may issue special instructions not inconsistent with the regulations in this part.

As used in these regulations:

(a) 1980 Act means the Act of Congress approved August 1, 1980 (94 Stat. 968), Pub. L. 96-318, which authorizes and directs the Secretary to prepare rolls of persons who meet the requirements specified in the Act and to distribute certain judgment funds to such persons.

(b) 1972 Act means the Act of Congress approved October 3, 1972 (86 Stat. 762), Pub. L. 92-456, which authorized the disposition of certain judgment funds awarded the Delaware Tribe of Indians and the Absentee Delaware Tribe of Western Oklahoma.

(c) 1972 enrollee means an individual whose name appeared on the roll of persons eligible to share in the distribution of certain judgment funds pursuant to the 1972 Act except those persons who established eligibility on the basis that their 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.

(d) 1968 Act means the Act of Congress approved September 21, 1968 (82 Stat. 861), Pub. L. 90-508, which authorized the disposition of funds awarded the Delaware Nation of Indians in Indian Claims Commission Docket 337.

(e) 1968 enrollee means an individual whose name appeared on the roll of persons eligible to share in the distribution of certain judgment funds pursuant to the 1968 Act except those persons who established eligibility on the basis that their name or the name of a lineal ancestor was on or was eligible to be on the contructed base census roll as of 1940 of the Absentee Delaware Tribe of Western Oklahoma, approved by the Secretary.

(1) Secretary means the Secretary of the Interior or his/her authorized representative.

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

(h) Director means the Area Director, Muskogee Area Office, Bureau of Indian Affairs, or his/her authorized representative.

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

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

(k) Lineal ancestor means an ancestor, living or deceased, who is related to the applicant by direct ascent; namely, parent, grandparent, etc. It does not include collateral relatives such as brothers, sisters, aunts, uncles, etc.

(1) 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 legal 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.

(m) Kansas Delaware Tribe of Indians, Incorporated means the corporation which represents that group of persons who establish eligibility through a lineal ancestor named on the "Registry" filed in the Office of the Commissioner of Indian Affairs pursuant to Article 9 of the Treaty with the Delaware Indi

ans of July 4, 1866 (14 Stat. 793). Nothing in these regulations shall be construed as recognizing the Kansas Delaware Tribe of Indians, Incorporated, as a federally recognized Indian tribe.

(n) Delawares of Idaho, Incorporated means the corporation which represents that group of persons who establish eligibility through a lineal ancestor name on the "Register" prepared pursuant to the agreement dated April 8, 1867, between the Delaware Tribe of Indians and the Cherokee Nation. Nothing in these regulations shall be construed as recognizing the Delawares of Idaho, Incorporated, as a federally recognized Indian Tribe.

§ 66.2 Purpose.

The regulations in this part are to govern the compilation of a roll of persons who meet the requirements specified in section 2 of the 1980 Act and the compilation of a roll of persons who meet the requirements specified in section 5 of the 1980 Act to serve as the basis for distributing judgment funds awarded the Delaware Tribe of Indians and the Absentee Delaware Tribe of Western Oklahoma in Indian Claims Commission dockets 27-A and 241, 289, and 27-B and 338, 27-E and 202, and 27. § 66.3 Qualifications for enrollment

and the deadline for filing.

(a) The roll prepared pursuant to section 2 of the 1980 Act shall contain the names of persons who meet the following requirements:

(1) They were living on August 1, 1980, and on October 3, 1972;

(2) They are citizens of the United States;

(3) The name of a lineal ancestor appears on the "Registry" filed in the Office of the Commissioner of Indian Affairs pursuant to Article 9 of the Treaty with the Delaware Indians of July 4, 1866 (14 Stat. 793) or the "Register" prepared pursuant to the agreement dated April 8, 1867, between the Delaware Tribe of Indians and the Cherokee Nation;

(4) They were not 1972 enrollees or were not eligible to be 1972 enrollees; and

(5) Their name does not appear on the membership roll of the Delaware Tribe

of Western Oklahoma prepared pursuant to section 4 of the 1980 Act.

(b) The roll prepared pursuant to section 5 of the 1980 Act shall contain the names of persons who meet the following requirements:

(1) They were living on August 1, 1980;

(2) They are citizens of the United States;

(3) Their name or the name of a lineal ancestor appears on any of the following rolls or records:

(i) The "Registry," filed in the Office of the Commissioner of Indian Affairs pursuant to Article 9 of the Treaty with the Delaware Indians of July 4, 1866 (14 Stat. 793);

(ii) The Delaware (Cherokee Delaware) Indian per capita payroll approved by the Secretary of the Interior on April 20, 1906; or

(iii) The "Register" prepared pursuant to the agreement of April 8, 1867, between the Delaware Tribe of Indians and the Cherokee Nation.

(4) Their name does not appear on the membership roll of the Delaware Tribe of Western Oklahoma prepared pursuant to section 4 of the 1980 Act.

(c) Applications must be filed with the Area Director, Bureau of Indian Affairs, Federal Building, Muskogee, Oklahoma 74401, and must be received in his/her office no later than the close of business on March 17, 1981. Applications received after that date will be rejected for failure to file on time, regardless of whether the applicant otherwise meets the requirements for enrollment. If the filing deadline falls on a Saturday, Sunday, legal holiday or other nonbusiness day, the deadline will be the next working day thereafter. Except that, 1968 enrollees and/or 1972 enrollees shall not be required to file applications in accordance with this paragraph. Only those 1968 enrollees and/or 1972 enrollees, however, who meet the requirements set out in this section shall be eligible for enrollment under the 1980 Act.

§ 66.4 Application and information forms.

(a) The 1968 enrollees and/or 1972 enrollees shall be requested to complete an information form advising the Director of any changes in name and/or

address and may be requested to furnish additional information or docu- 1 mentation. The Director shall mail an 3 information form to each person whose ! name appeared on the rolls prepared I pursuant to the 1968 Act and/or the 1972 Act using the last address of record. Changes to the enrollees' records will be made only if the information form is signed by an adult 1968 and/or 1972 enrollee, if living, or the parent or guardian having legal custody of a minor 1968 and/or 1972 enrollee or person specifically authorized by the enrollee, or parent or legal guardian, to act on his/ her behalf. The information form may also be used to notify the Director of the date of death of a deceased 1968 and/or 1972 enrollee.

(b) Applications to be filed by applicants for enrollment will be furnished by the Director, 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 applications 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 applications.

(c) Among other information, each application shall contain:

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

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

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

§ 66.5 Filing of applications.

(a) Any person, except a 1968 enrollee and/or 1972 enrollee, who desires to be enrolled and believes he/she meets the requirements for enrollment specified in the 1980 Act and the regulations in this part must file or have filed for him/her a completed application form with the Director or other designated person or before the deadline specified in § 66.3.

(b) Written application forms for minors, mentally incompetent persons or

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