Muscogee (Creek) Nation Supreme Court
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MUSCOGEE (CREEK) NATION CODE ANNOTATED TITLE 7. CITIZENSHIP/CENSUS TVSEKVYV/AHONKVTKEPE Chapter Section 1. TITLE, FINDINGS, DEFINITIONS. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 1–101 2. CITIZENSHIP BOARD.TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 2–101 3. ESTABLISHMENT OF CITIZENSHIP ROLL. TTTTTTTTTTTTTTTTTTTTTTTTTTTTT 3–101 4. ENROLLMENT PROCESS. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–101 5. MAINTENANCE OF ROLL. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 5–101 Code of Federal Regulations Enrollment appeals, see 25 CFR 62.1 et seq. Preparation of rolls of Indians, see 25 CFR 61.1 et seq. CHAPTER 1. TITLE, FINDINGS, DEFINITIONS Section 1–101. Title and codification. 1–102. Findings. 1–103. Terms defined. § 1–101. Title and codification This Law of the Muscogee (Creek) Nation shall be known and may be cited as the Muscogee (Creek) Nation Citizenship Code and shall be codified in Title 7 of the Muscogee (Creek) Nation Code of Laws. [NCA 81–06, § 101, approved Nov. 13, 1980; revised version approved Aug. 2, 1985; amended by NCA 01–135, § 101, eff. Aug. 23, 2001.] § 1–102. Findings The National Council finds that: A. Constitution supreme. The 1979 Constitution of the Muscogee (Creek) Nation (‘‘Constitution’’) shall be supreme in all matters of law relating to, arising under or in conflict with this Title, and B. Constitutional provisions. Relevant Constitutional provisions are set forth below: 1. Each Muscogee (Creek) Indian by blood shall have the opportunity for citizenship in the Muscogee (Creek) Nation. (Constitution, Article II, Section 1). 1 Title 7, § 1–102 CITIZENSHIP/CENSUS 2. The Principal Chief shall appoint, subject to majority approval of the Muscogee (Creek) National Council, a Citizenship Board comprised of five (5) citizens who shall be charged with the responsibility of the establishment and maintenance of a Citizenship Roll, showing degree of Muscogee (Creek) Indian blood based upon the final rolls prepared pursuant to the Act of April 26, 1906, (34 Stat. 137), and other evidence as prescribed by ordinance. (Constitution, Article III, Section 1). 3. Persons eligible for citizenship in the Muscogee (Creek) Nation shall consist of Muscogee (Creek) Indians by blood whose names appear on the final rolls as provided by the Act of April 26, 1906, (34 Stat. 137), and persons who are lineal descendants of those Muscogee (Creek) Indians by blood whose names appear on the final rolls as provided by the Act of April 26, 1906 (34 Stat. 137) except that an enrolled member of another Indian Tribe, Nation, Band or Pueblo shall not be eligible for citizenship in the Muscogee (Creek) Nation. (Constitution, Article III, Section 2). 4. All persons eligible for citizenship shall register as an applicant for citizenship. (Constitution, Article III, Section 3A). 5. The Citizenship Board shall certify citizenship, and the declaration of citizenship may be affirmed at any time with the name of the individual being entered on the citizenship roll, and the persons being recognized as a citizen of the Muscogee (Creek) Nation provided that: a. The person is a Muscogee (Creek) Indian by blood whose name appears on the final rolls as provided by the Act of April 26, 1906, (34 Stat. 137), or the person is a lineal descendant of the Muscogee (Creek) Indian by blood whose name appears on the final rolls as provided by the Act of April 26, 1906, (34 Stat. 137); and is not an enrolled member of another Tribe, Nation or Pueblo (Constitution, Article III, Section 3(B)(1)); and b. The person has made application to the Citizenship Board to become a citizen of the Muscogee (Creek) Nation (Constitution, Article III, Section 3(B)(2)); but c. Those persons who are Muscogee (Creek) Indian by blood whose names appear on the final rolls as provided by the Act of April 26, 1906, (34 Stat. 137) shall be automatically included as citizens of the Muscogee (Creek) Nation. (Constitution, Article III, Section 3(B)(3)). 6. Full citizens in the Muscogee (Creek) Nation shall be those persons and their lineal descendants whose blood quantum is one-quarter (1/4) or more Muscogee (Creek) Indian, hereinafter referred to as those of full citizenship. All Muscogee (Creek) Indians by blood who are less than one-quarter (1/4) Musco- gee (Creek) Indian by blood shall be considered citizens and shall have all rights and entitlements as members of the Muscogee (Creek) Nation except the right to hold office. (Constitution, Article III, Section 4). C. Enactment of this Title will enable implementation of these constitutional requirements in a fair and organized fashion. [NCA 81–06, § 102, approved Nov. 13, 1980; revised version approved Aug. 2, 1985; amended by NCA 01–135, § 102, eff. Aug. 23, 2001.] 2 TITLE, FINDINGS, DEFINITIONS Title 7, § 1–103 Library References Indians O214, 216, 222. Westlaw Topic No. 209. C.J.S. Indians §§ 32 to 35, 59, 62, 67, 180. § 1–103. Terms defined For purposes of this Title, the following terms shall be defined as follows: A. ‘‘Affirmation of enrollment’’ means the acceptance of or failure to refuse the Citizen Enrollment Card within ten (10) days of receipt by the citizen. B. ‘‘Citizen’’ means an enrolled Muscogee (Creek) Indian by blood. C. ‘‘Certification’’ means the action or decision by the Citizenship Board to place the name of an applicant upon the Citizenship Roll of the Muscogee (Creek) Nation. D. ‘‘Degree of Muscogee Indian blood’’ means the ratio, expressed as a fraction, of Muscogee (Creek) Indian blood to all other Indian and non-Indian blood of the citizen, based upon evidence supplied from the 1906 Final Roll or other rolls listed in this title, and determined by averaging the degree of Muscogee (Creek) Indian blood of their direct ancestors, utilizing the base unit of 4/4ths (four fourths) as equal to a person who is a full-blood Muscogee (Creek) Indian, and the base unit of 0/4ths (no fourths) as equal to a person who has no Muscogee (Creek) Indian blood. E. ‘‘Enrolled member of another Indian Tribe, Nation, Band or Pueblo’’ means any person who is listed upon the Citizenship Roll or Membership Roll of any federally recognized Indian Tribe, Nation, Band, Rancheria, Alaskan Native Village, or Pueblo. Enrolled member of another Indian Tribe, Nation, Band, or Pueblo shall not mean any person enrolled in a Tribal town of the Muscogee (Creek) Nation, enrolled for judgment as a descendant of another Tribe, Nation, Band, Rancheria, Alaskan Native Village, or Pueblo in its distribution of a claim against the United States (unless said judgment enroll- ment constitutes, according to the Tribal law of another Tribe involved, Tribal citizenship or membership); or any person documenting their other Tribal affiliations for the purpose of guaranteeing their descendant’s rights in such other Tribes. F. ‘‘Final rolls as provided by the Act of April 26, 1906 (34 Stat. 137)’’ means the entire set of rolls established pursuant to that Act, including the final rolls of the Muscogee (Creek) Nation, and the Tribes of Seminole, Cherokees, Choctaws and Chickasaws, in order to provide for the enrollment of any Muscogee (Creek) Indian by blood descended from a Muscogee (Creek) Indian by blood enrolled in another Tribe in 1906 for the purpose of selecting lands. G. ‘‘Full citizens’’ means those persons and their lineal descendants whose blood quantum is one-quarter (1/4) or more Muscogee (Creek) Indian, as determined under this Title. H. ‘‘Lineal descendant’’ means child, grandchild, great-grandchild, great- great-grandchild or any further descendant in that sequence. Lineal descendant shall not mean any foster child or adopted child (unless such is independently Muscogee (Creek) Indian by blood) whose adoption has not been approved by the Courts of the Muscogee (Creek) Nation, and said jurisdiction is hereby 3 Title 7, § 1–103 CITIZENSHIP/CENSUS reserved from the Courts of the Nation until such time as a law is adopted to govern such actions. I. ‘‘Muscogee (Creek) Indian by blood’’ means any person listed upon the Final Rolls of 1906 and enrolled with a listed quantum of Muscogee (Creek) Indian blood; or not enrolled with a separated racial status listed in lieu of Muscogee (Creek) Indian blood (e.g., Cherokee, White, Spanish, etc.) notwith- standing a Tribal Town citizenship for such person; and including such other Indians by blood of other Tribes adopted into the Muscogee (Creek) Nation prior to the final roll (whether Shawnee, Natchez, or other Tribal affiliation) who were enrolled or their descendants enrolled as Muscogee (Creek) Indians in the Final Rolls of 1906. J. ‘‘Registration’’ means the act of filling out proper forms under this Title and forwarding the forms in completion to the Citizenship Board. [NCA 81–06, §§ 5001 to 5010, approved Nov. 13, 1980; revised version approved Aug. 2, 1985; amended by NCA 01–135, § 103, eff. Aug. 23, 2001.] Library References Indians O222. Westlaw Topic No. 209. C.J.S. Indians §§ 32 to 35, 59, 62, 67, 180. 4 CHAPTER 2. CITIZENSHIP BOARD Section 2–101. Nominations and confirmation. 2–102. Terms of office. 2–103. Quorum. 2–104. Officers. 2–105. Translation. 2–106. Functional management. 2–107. Administrative management. 2–108. Duties and responsibilities. 2–109. Rulemaking authority. 2–110. Compensation of Citizenship Board members. Cross References Citizenship Board, see Const. Art. III, § 1. § 2–101. Nominations and confirmation The Principal Chief shall nominate the members of the Citizenship Board by submission of a Tribal Resolution to the National Council. The National Council may at its discretion hold hearings on the persons nominated. Nation- al Council approval of the Tribal Resolution submitted by the Principal Chief shall be required for confirmation of all appointments. Nominations not approved by majority vote shall be withdrawn by the Principal Chief. Nomina- tions withdrawn shall be replaced by new nominations. [NCA 81–06, § 1001, approved Nov.