amendments, the constitution provides otherwise. The names of persons appearing on the registration list who have not reached eighteen years of age by the date of the election, shall be removed from the list of registered voters when determining whether the required percentage of participation has been achieved. Unless the existing constitution or charter provides otherwise, none of the actions cited in this section shall become effective until they are approved by the Secretary. The validity of any charter ratification shall be dependent upon the tribe first having reorganized. Duly ratified charters shall be revoked or surrendered only by Act of Congress.

(a) There shall be an election board consisting of the officer in charge acting as chairman and at least two representatives of the tribal governing body or an authorized representative committee. Where such persons may be unwilling or unable to serve, the chairman shall select at least two adult members of the tribe to serve. In addition, the officer in charge may appoint an interpreter and as many clerks and poll watchers as he/she 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 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 ballots are cast only by registered voters and that the voting list is checked to indicate this;

(4) To begin to count the regularly cast ballots immediately after the close of the polls and then the absentee ballots, pursuant to § 81.21;

(5) To post and certify the election returns;

(6) To return the following to the officer in charge:

(i) The ballots (in marked and locked boxes);

(ii) All unused ballots; and

(iii) The completed Certificate of Results of Election. The officer in charge shall retain the ballots and other material among official records for at least one year. At the end of one year, the officer in charge shall forward the contents of the boxes and other related material to the appropriate Federal Records Center.

§ 81.9 Voting districts.

If: (a) Voting districts have not already been designated for tribal elections in the tribal constitution or by tribal election ordinance or resolution; and (b) in the election board's judgment voting districts are needed, the board shall establish them and designate a polling place for each district. Where a reservation exists, no voting district may be established beyond its boundaries.

§ 81.10 District Election Boards.

(a) Where voting districts have been established by the tribal constitution, ordinance, resolution, or by the election board, the election board shall appoint district election boards for each district, which shall have the duties prescribed above for the election board except that they shall return to the election board: (1) The ballots (in marked and locked boxes), (2) all unused ballots, and (3) their certifications of the district election results on the certification forms prescribed by the election board.

(b) The board will compile the election results for the entire reservation and transmit them together with the aforementioned ballots and ballot boxes to the officer in charge.

§ 81.11 Registration.

(a) Only registered voters will be entitled to vote, and all determinations of the sufficiency of the number of ballots cast will be based upon the number of registered voters. The election board, upon receipt of authorization to conduct an election, shall notify by regular mail all adult members of the tribe, who to its knowledge are eligible to vote pursuant to § 81.6 of the need to register if they intend to vote. Any tribal member who, to the election board's knowledge, will

become 18 years of age within 150 days (180 days for Alaska tribes) from the date of authorization and who is otherwise eligible to vote shall also be notified and shall be eligible to register, provided that such a person shall not be entitled to vote if election day falls before the individual's 18th birthday. This notice shall be sent to an individual's last known address as it appears on the records of the local unit of the Bureau of Indian Affairs having jurisdiction. Each notice addressed to a tribal member not residing on the reservation shall be accompanied by a preaddressed registration form (BIA Form 8302) which shall set forth the following information in the upper right corner:

(1) OMB Clearance Number 1076003, Expires June 30, 1983;

(2) The name and address of the person desiring to register;

(3) A statement with a signature line attesting that the individual is a tribal member and is at least 18 years of age, or will be within 150 days, (180 days for Alaska tribes) from the date of authorization; and

or

(4) The three following statements: "Completion of and return of this registration form is necessary if you desire to become qualified to vote in the forthcoming constitutional charter election." "This form, upon completion and return to the election board, shall be the basis for determining whether you qualify to have your name placed upon the list of registered voters and receive a ballot" and "completion and return of this form is voluntary." Members who qualify as absentee voters and wish to cast an absentee ballot must complete and return the above registration form before, or in conjunction with, requesting an absentee ballot in sufficient time to permit compliance with § 81.12.

(b) The following records shall be kept for all notices: (1) Names and addresses of persons to whom notices are mailed; (2) date of mailing; and (3) a copy of each return registration request (including from whom received and date and time of receipt). Tribal members living on the reservation who desire to vote must register with the election board in the manner it deter

mines in time to permit compliance with § 81.12. Registration procedures for such Indians shall be included in the notice of the need to register to resident members.

[46 FR 1670, Jan. 7, 1981, as amended at 46 FR 38352, July 27, 1981. Redesignated at 47 FR 13327, Mar. 30, 1982]

§ 81.12 Voting list.

The election board shall compile in alphabetical order an official list of registered voters arranged by voting districts, if any. This list shall designate, where applicable, those who have requested an absentee ballot and the members of the tribe who are or will have attained the age of 18 years within 150 days (180 days for Alaska tribes) from the date an election is authorized and who have duly registered to vote. A copy of this list shall be supplied to any district election board and shall be posted at the headquarters of the local administrative unit of the Bureau of Indian Affairs, the tribal headquarters, and at various other public places designated by the election board at least 20 days prior to the election.

§ 81.13 Eligibility disputes.

The election board shall determine the eligibility of any written claim to vote presented to it by one whose name does not appear on the official list of registered voters as well as any written challenge of the right to vote of anyone whose name is on the list. Its decision shall be final. It shall rule on all claims no later than ten days before the election. Any claim not presented at least ten days before the election shall be disallowed. Nonresident claimants successfully appealing omission from the list shall immediately be furnished an absentee ballot. Omission of names from the voters list due to late registration, if notification (pursuant to § 81.14) has been timely mailed, shall not be considered grounds for challenge.

§ 81.14 Election notices.

Not less than 30 nor more than 60 days notice shall be given of the date of the election. Such notice shall include the location of where the results

§ 76.14 Current membership roll.

The roll shall be kept current by: (a) Striking therefrom the names of persons who have relinquished in writing their membership in the Band and of deceased persons upon receipt of a death certificate or other evidence of death acceptable to the Director.

(b) By adding thereto the names of children born after January 1, 1959, who meet the membership requirements set forth in § 76.5.

(c) Corrections to the roll of incorrect dates of birth, degrees of Indian blood, family relationships, etc., may be made by the Director if such corrections are supported by evidence satisfactory to him.

(d) Names of individuals whose enrollment was based on information subsequently determined to be inaccurate may be deleted from the roll, subject to the approval of the Secretary.

(e) It will not be necessary for the Secretary to approve additions, deletions and corrections as covered in paragraphs (a), (b) and (c) of this section. However, before the roll may be used for the distribution of tribal assets it shall be submitted to the Secretary for his final approval.

§ 76.15 Use of approved roll.

Unless otherwise directed by Congress, the approved roll shall be used for all official purposes.

As used in these regulations:

"Adopted person" means a person whose natural parents' parental rights have been terminated by court order and given to others to exercise.

"ANCSA" means the Alaska Native Claims Settlement Act of December 18, 1971, Pub. L. 92-203, 85 Stat. 688, as amended and supplemented by the Act of January 2, 1976, Pub. L. 94-204, 89 Stat. 1145.

"Assistant Secretary” means the Assistant Secretary of the Interior for Indian Affairs or his/her authorized representative.

"Communities" means the Pribilof Islands Aleut Communities of St. Paul and St. George.

"Community Council" means the governing body of the Aleut Community of St. Paul Island or the governing body of the Aleut Community of St. George Island.

"Director" means the Area Director, Juneau Area office, Bureau of Indian Affairs or the Officer in Charge of any successor field office or his/her authorized representative acting under delegated authority.

"Enrollment Committee” means the committee for the Aleut Community of St. Paul Island or the Aleut Com

(a) The Director shall mail a notice to each person who applied for enrollment under ANCSA at the last address of record and whose application on which his/her determination of eligibility was based indicated that he/she was of Aleut descent.

(b) The notice shall advise of the preparation of a membership roll pursuant to the Plan and the relevant procedures to be followed including the requirements for enrollment, and the need to file or have filed on their behalf a completed application form before the deadline specified in § 77.4(b) 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 as well as the name, address, and telephone number of a person who may be contacted for further information.

§ 77.6 Application forms.

(a) Application forms to be filed by or for 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 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 applications.

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

(1) Certification as to whether 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 forms furnished interested individuals.

(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, he/she shall promptly notify the Director 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 proper address for all purposes under the regulations in this part.

(e) Criminal penalties of a $10,000 fine or five (5) years in prison, or both, are provided by statute for knowingly filing false information in such applications (18 U.S.C. 1001).

§ 77.7 Burden of proof.

The burden of proof of eligibility for enrollment rests upon the applicant. Documentary evidence such as birth certificates, death certificates, baptismal records, adoption records, copies of probate findings, affidavits, medical records, Armed Forces service records, or other records acceptable to the Secretary, must be used to support claims for enrollment. Records of the Bureau of Indian Affairs or other U.S. Government Agencies may also be used to establish eligibility.

§ 77.8 Action by the Communities.

The Director shall submit copies of all applications received to the appropriate Enrollment Committee for review and determination; except that, in cases of adopted persons where the Bureau of Indian Affairs has assured confidentiality in order to obtain the information necessary to determine the eligibility for enrollment of the individual, such confidential information will not be released to the Communities, but the Director shall certify as to the eligibility for membership of such applicant to the Communities. The appropriate Enrollment Committee shall review all applications and