§ 61.2 25 CFR Ch. I (4–1–14 Edition)

Tribal Governing Document means the an apportioned share of judgment funds written organizational statement gov- awarded the Pembina Chippewa Indians erning the tribe, band, or group of Indi- in dockets numbered 113, 191, 221 and ans and/or any valid document, enroll- 246 of the Court of Claims of all persons ment ordinance, or resolution enacted who: thereunder. (i) Are of at least 1⁄4 degree Pembina Chippewa blood; § 61.2 Purpose. (ii) Are citizens of the United States; The regulations in this part 61 are to (iii) Were living on December 31, 1982; govern the compilation of rolls of Indi- (iv) Are not members of the Red Lake ans by the Secretary of the Interior Band of Chippewa Indians, the Turtle pursuant to statutory authority. The Mountain Band of Chippewa Indians, regulations are not to apply in the the Chippewa Cree Tribe of the Rocky compilation of tribal membership rolls Boy’s Reservation, or Minnesota Chip- where the responsibility for the prepa- pewa Tribe, or the Little Shell Band of ration and maintenance of such rolls Chippewa Indians of Montana; and rests with the tribes. (v) Are enrolled or are lineal descend- § 61.3 Information collection. ants of persons enrolled: (A) As Pembina descendants under The Office of Management and Budg- et has reviewed and approved the infor- the provisions of the Act of July 29, mation collection for § 61.4(k). The 1971 (85 Stat. 158), for the disposition of OMB Control Number assigned is 1076– the 1863 Pembina Award, or 0165. A federal agency may not conduct (B) On the McCumber roll of the Tur- or sponsor, and you are not required to tle Mountain Indians of 1892, or respond to, a collection of information (C) On the Davis roll of the Turtle unless it displays a currently valid Mountain Indians of 1904; or OMB Control Number. (D) As Chippewa on the tentative roll of the Rocky Boy Indians of May 30, [72 FR 9840, Mar. 5, 2007] 1917, or the McLaughlin census report § 61.4 Qualifications for enrollment of the Rocky Boy Indians of July 7, and the deadline for filing applica- 1917, or the Roe Cloud Roll of Landless tion forms. Indians of Montana; or (a) The qualifications which must be (vi) Are able to establish Pembina met to establish eligibility for enroll- ancestry on the basis of any other rolls ment and the deadline for filing appli- or records acceptable to the Secretary. cation forms will be included in this (2) Application forms for eligibility part 61 by appropriate amendments to must be filed with the Superintendent, this section; except that, when an Act Turtle Mountain Agency, Bureau of In- or Plan states the qualifications for en- dian Affairs, Belcourt, North Dakota rollment and the deadline for filing ap- 58316, by March 10, 1986. Application plication forms and specifies that the forms filed after that date will be re- regulations contained in this part 61 jected for failure to file on time regard- will apply, amendment to this section less of whether the applicant otherwise will not be required for the procedures meets the qualifications for eligibility. contained in this part 61 to govern the (3) Each application for enrollment preparation of the roll; provided further, as a member of any of the tribes speci- the provisions contained in this part 61 fied in paragraph (b)(1)(iv) of this sec- that were in effect when the regula- tion, except the Red Lake Band of tions were amended to include para- Chippewa Indians, which may be re- graphs (r), (s), (w), (x), (y), and (z) shall jected by the tribes shall be reviewed control the preparation of the rolls by the Superintendent to determine under paragraphs (r), (s), (w), (x), (y), whether the applicant meets the quali- and (z) of this section. fications for eligibility as a descendant (b) Pembina Band of Chippewa Indians. of the Pembina Band of Chippewas (1) Pursuant to section 7(a) of the Act under paragraph (b)(1) of this section. of December 31, 1982, Pub. L. 97–403, 96 Each rejection notice shall contain a Stat. 2022, a roll is to be prepared and statement to the effect that the appli- used as the basis for the distribution of cation is being given such review.

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(c) Cherokee Band of Shawnee Indians. ant to the Act of June 2, 1972 (86 Stat. (1) Pursuant to section 5 of the Act of 199), or December 20, 1982, Pub. L. 97–372, 96 (B) The roll of Miami Indians of Indi- Stat. 1815, a roll is to be prepared and ana of June 12, 1895, or used as the basis for the distribution of (C) The roll of ‘‘Miami Indians of In- an apportioned share of judgment funds diana, now living in Kansas, Quapaw awarded the Shawnee Tribe in dockets Agency, I.T., and Oklahoma Terri- 64, 335, and 338 by the Indian Claims tory,’’ prepared and completed pursu- Commission and in docket 64–A by the ant to the Act of March 2, 1895 (28 Stat. U.S. Court of Claims of all persons of 903), or Cherokee Shawnee ancestry: (D) The roll of the Eel River Miami (i) Who were living on December 20, Tribe of Indians of May 27, 1889, pre- 1982; pared and completed pursuant to the (ii) Who are lineal descendants of the Act of June 29, 1888 (25 Stat. 223), or Shawnee Nation as it existed in 1854, (E) The roll of the Western Miami based on the roll of the Cherokee Tribe of Indians of June 12, 1891 (26 Shawnee compiled pursuant to the Act Stat. 1001); and of March 2, 1889 (25 Stat. 994), or any (iii) Who are not members of the other records acceptable to the Sec- Miami Tribe of Oklahoma. retary including eligibility to share in (2) Application forms for enrollment the distribution of judgment funds must be filed with the Director, awarded the Absentee Shawnee Tribe Muskogee Area Office, Bureau of In- of Oklahoma on behalf of the Shawnee dian Affairs, Federal Building, Nation in Indian Claims Commission Muskogee, Oklahoma 74401, by May 9, docket 334–B as a Cherokee Shawnee 1986. Application forms filed after that descendant; and date will be rejected for inclusion on the roll being prepared for failure to (iii) Who are not members of the Ab- file on time regardless of whether the sentee Shawnee Tribe of Oklahoma or applicant otherwise meets the quali- the Eastern Shawnee Tribe of Okla- fications for enrollment. homa. (e) Cow Creek Band of Umpqua Tribe of (2) Application forms for enrollment Indians. (1) Pursuant to section 5 of the must be filed with the Director, Cow Creek Band of Umpqua Tribe of In- Muskogee Area Office, Bureau of In- dians Distribution of Judgment Funds dian Affairs, Federal Building, Act of October 26, 1987, Pub. L. 100–139, Muskogee, Oklahoma 74401, by May 9, a tribal membership roll is to be pre- 1986. Application forms filed after that pared comprised of all persons who are date will be rejected for inclusion on able to establish that they are of Cow the roll being prepared for failure to Creek or other Indian ancestry indige- file on time regardless of whether the nous to the United States based on any applicant otherwise meets the quali- rolls or records acceptable to the Sec- fications for enrollment. retary and were not members of any (d) Miami Indians of Indiana. (1) Pur- other Federally recognized Indian tribe suant to section 3 of the Act of Decem- on July 30, 1987; and: ber 21, 1982, Pub. L. 97–376, 96 Stat. 1828, (i) Who are named on the tribal roll a roll is to be prepared and used as the dated September 13, 1980, the so-called basis for the distribution of an appor- Interrogatory No. 14 roll; tioned share of judgment funds award- (ii) Who are descendants of individ- ed the Miami Tribe of Oklahoma and uals named on the tribal roll dated the Miami Indians of Indiana in dock- September 13, 1980, the so-called Inter- ets 124–B and 254 by the U.S. Court of rogatory No. 14 roll, and were born on Claims of all persons of Miami Indian or prior to October 26, 1987; or ancestry: (iii) Who are descendants of individ- (i) Who were living on December 21, uals who were considered to be mem- 1982; bers of the Cow Creek Band of Umpqua (ii) Whose name or the name of a lin- Tribe of Indians for the purposes of the eal ancestor appears on: treaty entered between such Band and (A) The roll of Miami Indians of the United States on September 19, Oklahoma and Indiana prepared pursu- 1853.

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(2) Application forms for enrollment Umpqua Tribe of Indians Distribution must be filed with the Superintendent, of Judgment Funds Act of October 26, Siletz Agency, Bureau of Indian Af- 1987, Pub. L. 100–139, a roll of nontribal fairs, P.O. Box 539, Siletz, Oregon 97380 members eligible to participate in the by June 1, 1990. Application forms filed Elderly Assistance Program of the Cow after that date will be rejected for in- Creek Band of Umpqua Tribe of Indians clusion on the tribal membership roll is to be prepared of individuals: for failure to file on time regardless of (i) Who are descended from persons whether the applicant otherwise meets considered members of the Cow Creek the qualifications for enrollment. Band of Umpqua Tribe of Indians for (f) Cow Creek Band of Umpqua Tribe of purposes of the treaty entered into be- Indians descendants. (1) Pursuant to tween such Band and the United States section 6(a)(1) of the Cow Creek Band of on September 19, 1853 (10 Stat. 1027), as Umpqua Tribe of Indians Distribution ratified by the Senate on April 12, 1854; of Judgment Funds Act of October 26, (ii) Who did not share or are not de- 1987, Pub. L. 100–139, a roll of nontribal scendants of persons who shared in the members eligible to participate in the distribution of funds under the Act en- Higher Education and Vocational titled ‘‘An act to provide for the termi- Training Program and the Housing As- nation of Federal supervision over the sistance Program of the Cow Creek property of the Klamath Tribe of Indi- Band of Umpqua Tribe of Indians is to ans located in the State of Oregon and be prepared of individuals: the individual members thereof, and (i) Who are descended from persons for other purposes,’’ approved August considered members of the Cow Creek 13, 1954 (25 U.S.C. 564 et seq.), or under Band of Umpqua Tribe of Indians for the Act entitled ‘‘An Act to provide for purposes of the treaty entered into be- the termination of Federal supervision tween such band and the United States over the property of certain tribes and on September 19, 1853 (10 Stat. 1027), as bands of Indians located in western Or- ratified by the Senate on April 12, 1854; egon and the individual members and thereof, and for other purposes,’’ ap- (ii) Who did not share or are not de- proved August 13, 1954 (25 U.S.C. 691 et scendants of persons who shared in the seq.); and distribution of funds under the Act en- (iii) Who were 50 years or older as of titled ‘‘An Act to provide for the termi- December 31, 1985. nation of Federal supervision over the (2) Application forms for enrollment property of the Klamath Tribe of Indi- must be filed with the Superintendent, ans located in the State of Oregon and Siletz Agency, Bureau of Indian Af- the individuals members thereof, and fairs, P. O. Box 539, Siletz, Oregon 97380 for other purposes,’’ approved August by April 25, 1988, and with the Cow 13, 1954 (25 U.S.C. 564 et seq.), or under Creek Band of Umpqua Tribe of Indi- the Act entitled ‘‘An Act to provide for ans. Application forms filed after that the termination of Federal supervision date will be rejected for failure to file over the property of certain tribes and on time regardless of whether the ap- bands of Indians located in western Or- plicant otherwise meets the qualifica- egon and the individual members tions for eligibility for inclusion on the thereof, and for other purposes,’’ ap- roll of persons eligible to participate in proved August 13, 1954 (25 U.S.C. 691 et the Elderly Assistance Program, but seq.). will be considered for inclusion on the (2) Application forms for enrollment roll of persons eligible to participate in must be filed with the Superintendent, the Higher Education and Vocation Siletz Agency, Bureau of Indian Af- Training Program and the Housing As- fairs, P. O. Box 539, Siletz, Oregon sistance Program. Upon receipt of an 97380. Upon receipt of an application application form, the Superintendent form, the Superintendent shall furnish shall furnish a copy to the Cow Creek a copy to the Cow Creek Band of Ump- Band of Umpqua Tribe of Indians. qua Tribe of Indians. (h) Indians of the Hoopa Valley Indian (g) Cow Creek Band of Umpqua Tribe of Reservation. Pursuant to section 5 of Indians descendants. (1) Pursuant to the Hoopa-Yurok Settlement Act of section 6(a)(2) of the Cow Creek Band of October 31, 1988, Pub. L. 100–580, a roll

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of Indians of the Reservation eligible or has previously been held entitled to to participate in certain settlement recover in the Short cases; or provisions is to be prepared of all per- (ii) Manifest Injustice Standard sons: which is: Persons who do not qualify (1) Who were born on or prior to and under the standards in paragraph living on October 31, 1988; and (h)(4)(i) of this section, but who it (2) Who are citizens of the United would be manifestly unjust to exclude States; and from enrollment. To qualify under the (3) Who were not, on August 8, 1988, manifest injustice standard, persons enrolled members of the Hoopa Valley must adequately demonstrate all of the Tribe; and following: (4) Who meet the criteria to qualify (A) A significant degree of Indian blood (at least 1⁄4 degree Indian blood, as an ‘‘Indian of the Reservation’’ and under one of the following standards (B) Personal connections to the Res- established by the U.S. Court of Claims ervation shown through a substantial in its March 31, 1982, decision, and the period of residence on the Reservation United States Claims Court in its May (nearly ten years of residence), and 14, 1987, and March 1, 1988, decisions in (C) Personal ties to the land of the the cases of Short v. United States, (Cl. Reservation and/or ties to the land Ct. No. 102–63): through a lineal ancestor; and (i) Standards A–E which are: (5) Who file or have filed on their be- (A) Allottees of land on any part of half application forms for enrollment the Reservation, living on October 1, with the Superintendent, Northern 1949, and lineal descendants of allottees California Agency, Bureau of Indian living on October 1, 1949; Affairs, P.O. Box 494879, Redding, Cali- (B) Persons living on October 1, 1949, fornia 96049, by April 10, 1989. Applica- and resident on the reservation at that tions filed after that date will not be time, who have received Reservation considered for inclusion on the roll re- benefits or services, and hold an assign- gardless of whether the applicant oth- ment, or can make other proof that erwise meets the qualifications for en- though eligible to receive an allot- rollment, except for plaintiffs deter- ment, they have not been allotted, and mined to be an ‘‘Indian of the Reserva- the lineal descendants of such persons, tion’’ in the Short cases, who will, if living on October 1, 1949; they otherwise meet the requirements (C) Persons living on June 2, 1953, of the Act, be included on the roll. who have at least 1⁄4 degree Reservation (6) As used in paragraph (h) of this blood, as defined in paragraph (h)(6)(i) section: of this section, have forebears born on (i) Reservation blood means the blood the Reservation and were resident on of the following tribes or bands: Yurok; the Reservation for 15 years prior to Hoopa/Hupa; Grouse Creek; Hunstand/ June 2, 1953; Hoonsotton/Hoonsolton; Miskut/ (D) Persons of at least 1⁄4 degree In- Miscotts/Miscolts; Redwood/Chilula; dian blood, born after October 1, 1949, Saiaz/Nongatl/Siahs; Sermaltion; and before August 9, 1963, to a parent South Fork; Tish-tang-atan; Karok; who is or would have been, when alive Tolowa; Sinkyone/Sinkiene; Wailake/ a qualified Indian of the Reservation Wylacki; Wiyot/Humboldt; and Wintun. under the standards in paragraphs (ii) Short cases means the cases enti- (h)(4)(i) (A), (B) and (C) of this section, tled Jessie Short et al. v. United States, or has previously been held entitled to (Cl. Ct. No. 102–63); Charlene Ackley v. recover in the Short cases; United States, (Cl. Ct. No. 460–78); Bret (E) Persons born on or after August 9, Aastadt v. United States, (Cl. Ct. No. 146– 1963, who are of at least 1⁄4 degree In- 85L); and Norman Giffen v. United States, dian blood, derived exclusively from (Cl. Ct. No. 746–85L). the qualified parent or parents who is (i) [Reserved] or would have been, when alive, a (j) Coquille Tribe of Indians. (1) Pursu- qualified Indian of the Reservation ant to section 7 of the Coquille Res- under the standards in paragraphs toration Act of June 28, 1989, Pub. L. (h)(4)(i) (A), (B) and (C) of this section, 101–42, a tribal membership roll is to be

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prepared comprised of persons of tional relinquishment of membership Coquille Indian ancestry: document in the other tribe or tribes (i) Who were born on or before and with their application forms. A condi- living on June 28, 1989; tional relinquishment will be accepted (ii) Who possess at least one-eighth by the Superintendent only if it is exe- (1⁄8) degree or more Indian blood; cuted by the person himself or herself (iii) Who are not enrolled members of unless the person is legally incom- another federally recognized tribe; and petent, in which case the legal guard- (iv) Whose names were listed on the ian and only the legal guardian may Coquille roll prepared pursuant to the execute the conditional relinquishment Act of August 30, 1954 (68 Stat. 979; 25 document. In the case of minors, only U.S.C. 771), and approved by the Bureau the parent or legal guardian may exe- of Indian Affairs on August 29, 1960; cute a conditional relinquishment doc- (v) Whose names were not listed on ument. but who met the requirements to be (k) Western Shoshone Identifiable listed on the Coquille roll prepared Group of Indians. (1) Under section pursuant to the Act of August 30, 1954, 3(b)(1) of the Act of July 7, 2004, Pub. L. and approved by the Bureau of Indian 108–270, 118 Stat. 805, the Secretary will Affairs on August 29, 1960; or prepare a roll of all individuals who (vi) Who are lineal descendants of meet the eligibility criteria established persons, living or dead, identified in under the Act and who file timely ap- paragraphs (j)(1)(iv) and (j)(1)(v) of this plications prior to a date that will be section. established by a notice published in the (2) To establish eligibility for inclu- FEDERAL REGISTER. The roll will be sion on the tribal membership roll, all used as the basis for distributing the persons must file an application form judgment funds awarded by the Indian with the Superintendent, Siletz Agen- Claims Commission to the Western cy, Bureau of Indian Affairs, P.O. Box Shoshone Identifiable Group of Indians 539, Siletz, Oregon 97380 by January 10, in Docket No. 326–K. To be eligible a 1991. Application forms filed after that person must: date will be rejected for inclusion on (i) Have at least 1⁄4 degree of Western the roll being prepared for failure to Shoshone blood; file on time regardless of whether the (ii) Be living on July 7, 2004; applicant otherwise meets the quali- fications for enrollment. (iii) Be a citizen of the United States; (3) For the purposes of establishing and eligibility under paragraph (j) of this (iv) Not be certified by the Secretary section, any available evidence estab- to be eligible to receive a per capita lishing Coquille ancestry and the re- payment from any other judgment fund quired degree of Indian blood shall be based on an aboriginal land claim accepted. However, information shown awarded by the Indian Claims Commis- on the Coquille roll prepared pursuant sion, the United States Claims Court, to the Act of August 30, 1954, shall be or the United States Court of Federal accepted as conclusive evidence of Claims, that was appropriated on or be- Coquille ancestry and blood degree in- fore July 7, 2004. formation shown on the January 1, (2) Indian census rolls prepared by 1940, census roll of nonreservation Indi- the Agents or Superintendents at Car- ans of the Grand Ronde-Siletz Agency son or Western Shoshone Agencies be- shall be accepted as conclusive evi- tween the years of 1885 and 1940, and dence in determining degree of Indian other documents acceptable to the Sec- blood for applicants. retary will be used in establishing (4) For the purposes of establishing proof of eligibility of an individual to: eligibility under paragraph (j) of this (i) Be listed on the judgment roll; and section, persons who may be enrolled (ii) Receive a per capita payment members of another federally recog- under the Western Shoshone Claims nized tribe or tribes may submit a con- Distribution Act. ditional relinquishment of membership (3) Application forms for enrollment document in the other tribe or tribes must be mailed to Tribal Government with their application forms. A condi- Services, BIA-Western Shoshone, Post

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Office Box 3838, Phoenix, Arizona 85030– to the Mississippi Sioux Indians. To be 3838. eligible a person must: (4) The application period will re- (i) Be a lineal descendent of the main open until further notice. Sisseton and Wahpeton Mississippi (l)–(q) [Reserved] Sioux Tribe; (r) Mdewakanton and Wahpakoota (A) Those individuals who applied for Tribe of Sioux Indians. (1) All lineal de- enrollment before January 1, 1998, and scendants of the Mdewakanton and whose applications were approved by Wahpakoota Tribe of Sioux Indians the Aberdeen Area Director before that who were born on or prior to and were same date, are deemed to appear in living on October 25, 1972, whose names records and rolls acceptable to the Sec- or the name of a lineal ancestor ap- retary or have a lineal ancestor whose pears on any available records and rolls name appears in these records; acceptable to the Secretary of the Inte- (B) Those individuals who apply for rior and who are not members of the enrollment after January 1, 1998, or Flandreau Santee Sioux Tribe of South whose application was not approved by Dakota, the Santee Sioux Tribe of Ne- the Aberdeen Area Director before that braska, the Lower Sioux Indian Com- same date, must be able to trace ances- munity at Morton, Minn., the Prairie try to a specific Sisseton or Wahpeton Island Indian Community at Welch, Mississippi Sioux Tribe lineal ancestor Minn., or the Shakopee Mdewakanton who was listed on: Sioux Community of Minnesota shall (1) The 1909 Sisseton and Wahpeton be entitled to be enrolled under title I, annuity roll; section 101(b) of the act of October 25, (2) The list of Sisseton and Wahpeton 1972 (86 Stat. 1168), to share in the dis- Sioux prisoners convicted for partici- tribution of funds derived from a judg- pating in the outbreak referred to as ment awarded the Mississippi Sioux In- the ‘‘1862 Minnesota Outbreak’’; dians. (3) The list of Sioux scouts, soldiers, (2) Applications for enrollment must and heirs identified as Sisseton and have been filed with the Director, Ab- Wahpeton Sioux on the roll prepared erdeen Area Office, Bureau of Indian under the Act of March 3, 1891 (26 Stat. Affairs, 820 South Main Street, Aber- 989 et seq., Chapter 543); or deen, S. Dak. 57401, and must have been (4) Any other Sisseton or Wahpeton received no later than November 1, payment or census roll that preceded a 1973. Applications received after that roll referred to in paragraphs date will be denied for failure to file in (s)(1)(i)(B)(1), (2), or (3) of this section. time regardless of whether the appli- (ii) Be living on October 25, 1972; cant otherwise meets the requirements (iii) Be a citizen of the United States; for enrollment. (iv) Not be listed on the membership (3) Each application for enrollment rolls for the following tribes: with any of the tribes named in para- (A) The Flandreau Santee Sioux graph (r)(1) of this section which may Tribe of South Dakota; be rejected by the tribes shall be re- (B) The Santee Sioux Tribe of Ne- viewed by the Director to determine braska; whether the applicant meets the re- (C) The Lower Sioux Indian Commu- quirements for enrollment as a de- nity at Morton, Minnesota; scendant of the Mdewakanton and (D) The Prairie Island Indian Com- Wahpakoota Tribe of Sioux Indians munity at Welch, Minnesota; under paragraph (r)(1) of this section. (E) The Shakopee Mdewakanton Each rejection notice issued by the Sioux Community of Minnesota; tribes shall contain a statement to the (F) The Spirit Lake Tribe (formerly effect that the application is being known as the Devils Lake Sioux of given such review. North Dakota); (s) Sisseton and Wahpeton Mississippi (G) The Sisseton-Wahpeton Sioux Sioux Tribe. (1) Persons meeting the cri- Tribe of South Dakota; or teria in this paragraph are entitled to (H) The Assiniboine and Sioux Tribes enroll under 25 U.S.C. 1300d–3(b) to of the Fort Peck Reservation. share in the distribution of certain (v) Not be listed on the roll of funds derived from a judgment awarded Mdewakantan and Wahpakoota lineal

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descendants prepared under 25 U.S.C. for failure to file in time regardless of 1300d–1(b). whether the applicant otherwise meets (2) The initial enrollment application the requirements for enrollment. period that closed on November 1, 1973, (3) Payment of shares will be made in is reopened as of May 24, 1999. The ap- accordance with parts 87 and 115 of this plication period will remain open until chapter. further notice. (y) Swinomish Tribe of Indians. (1) All (t)–(v) [Reserved] persons of Swinomish ancestry born on (w) Lower Skagit Tribe of Indians. (1) or prior to and living on December 10, All persons of Lower Skagit ancestry 1975, who are lineal descendants of a born on or prior to and living on Feb- member of the tribe as it existed in ruary 18, 1975, who are lineal descend- ants of a member of the tribe as it ex- 1859 based on the 1919 Roblin Roll and isted in 1859 based on the 1919 Roblin other records acceptable to the Assist- Roll and other records acceptable to ant Secretary, shall be entitled to have the Assistant Secretary, shall be enti- their names placed on the roll, to be tled to have their names placed on the prepared and used as the basis to dis- roll, to be prepared and used as the tribute the judgment funds awarded basis to distribute the judgment funds the Swinomish Tribe in Indian Claims awarded the Lower Skagit Tribe in In- Commission docket 233. dian Claims Commission docket 294. (2) Application for enrollment must Proof of Upper Skagit ancestry will not have been filed with the Super- be acceptable as proof of Lower Skagit intendent, Puget Sound Agency, Bu- ancestry. reau of Indian Affairs, 3006 Colby Ave- (2) Applications for enrollment must nue, Everett, Washington 98201, and have been filed with the Super- must have been received by close of intendent, Puget Sound Agency, Bu- business on May 31, 1977. Applications reau of Indian Affairs, 3006 Colby Ave- received after that date will be denied nue, Everett, Washington 88201, and for failure to file in time regardless of must have been received by close of whether the applicant otherwise meets business on May 31, 1977. Applications the requirements for enrollment. received after that date will be denied (3) Payment of shares will be made in for failure to file in time regardless of accordance with parts 87 and 115 of this whether the applicant otherwise meets the requirements for enrollment. chapter. (3) Payment of shares will be made in (z) Samish Tribe of Indians. (1) All per- accordance with parts 87 and 115 of this sons of Samish ancestry born on or chapter. prior to and living on December 10, (x) Kikiallus Tribe of Indians. (1) All 1975, who are lineal descendants of a persons of Kikiallus ancestry born on member of the tribe as it existed in or prior to and living on February 18, 1859 based on any records acceptable to 1975, who are lineal descendants of a the Secretary, shall be entitled to have member of the tribe as it existed in their names placed on the roll to be 1859 based on the 1919 Roblin Roll and prepared and used as the basis to dis- other records acceptable to the Assist- tribute the judgment funds awarded ant Secretary, shall be entitled to have the Samish Tribe in Indian Claims their names placed on the roll, to be Commission docket 261. prepared and used as the basis to dis- (2) Applications for enrollment must tribute the judgment funds awarded have been filed with the Super- the Kikiallus Tribe in Indian Claims intendent, Puget Sound Agency, Bu- Commission docket 263. reau of Indian Affairs, 3006 Colby Ave- (2) Applications for enrollment must nue, Everett, Washington 98201, and have been filed with the Super- must have been received by close of intendent, Puget Sound Agency, Bu- business on May 31, 1977. Applicants re- reau of Indian Affairs, 3006 Colby Ave- nue, Everett, Washington 98021, and ceived after that date will be denied for must have been received by close of failure to file in time regardless of business on May 31, 1977. Applications whether the applicant otherwise meets received after that date will be denied the requirements for enrollment.

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(3) Payment of shares will be made in form shall indicate prominently the accordance with parts 87 and 115 of this deadline for filing application forms. chapter. (b) Among other information, each application form shall contain: [50 FR 46430, Nov. 8, 1985, as amended at 53 (1) Certification as to whether appli- FR 11272, Apr. 6, 1988; 54 FR 14193, Apr. 7, 1989; 55 FR 7494, Mar. 2, 1990; 55 FR 41519, Oct. cation form is for a natural child or an 12, 1990; 56 FR 10806, Mar. 14, 1991; 64 FR 19898, adopted child of the parent through Apr. 23, 1999; 72 FR 9840, Mar. 5, 2007] whom eligibility is claimed. (2) If the application form is filed by § 61.5 Notices. a sponsor, the name and address of sponsor and relationship to applicant. (a) The Director or Superintendent (3) A control number for the purpose shall give notice to all Directors of the of keeping a record of forms furnished Bureau of Indian Affairs and all Super- interested individuals. intendents within the jurisdiction of (4) Certification that the information the Director, of the preparation of the given on the application form is true to roll for public display in Bureau field the best of the knowledge and belief of offices. Reasonable efforts shall be the person filing the application. made to place notices for public dis- Criminal penalties are provided by play in community buildings, tribal statute for knowingly filing false infor- buildings, and Indian centers. mation in such applications (18 U.S.C. (b) The Director or Superintendent 1001). shall, on the basis of available resi- (c) Application forms may be filed by dence data, publish, and republish sponsors on behalf of other persons. when advisable, notices of the prepara- (d) Every applicant or sponsor shall tion of the roll in appropriate locales furnish the applicant’s mailing address utilizing media suitable to the cir- on the application form. Thereafter, cumstances. the applicant or sponsor shall promptly (c) The Director or Superintendent notify the Director or Superintendent shall, when applicable, mail notices of of any change in address, giving appro- the preparation of the roll to previous priate identification of the application, enrollees or tribal members at the last otherwise the mailing address as stated address of record or in the case of trib- on the form shall be acceptable as the al members, the last address available. address of record for all purposes under (d) Notices shall advise of the prepa- the regulations in this part 61. ration of the roll and the relevant pro- cedures to be followed including the § 61.7 Filing of application forms. qualifications for enrollment and the (a) Application forms filed by mail deadline for filing application forms to must be postmarked no later than mid- be eligible for enrollment. The notices night on the deadline specified. Where shall also state how and where applica- there is no postmark date showing on tion forms may be obtained as well as the envelope or the postmark date is il- the name, address, and telephone num- legible, application forms mailed from ber of a person who may be contacted within the United States, including for further information. Alaska and Hawaii, received more than 15 days and application forms mailed § 61.6 Application forms. from outside of the United States re- (a) Application forms to be filed by or ceived more than 30 days after the for applicants for enrollment will be deadline specified in the office of the furnished by the Director, Super- designated Director or Superintendent, intendent, or other designated persons, will be denied for failure to file in upon written or oral request. Each per- time. son furnishing application forms shall (b) Application forms filed by per- keep a record of the names of individ- sonal delivery must be received in the uals to whom forms are given, as well office of the designated Director or Su- as the control numbers of the forms perintendent no later than close of and the date furnished. Instructions for business on the deadline specified. completing and filing applications (c) If the deadline for filing applica- shall be furnished with each form. The tion forms falls on a Saturday, Sunday,

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