§ 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. 238 VerDate Mar<15>2010 11:24 May 08, 2014 Jkt 232087 PO 00000 Frm 00248 Fmt 8010 Sfmt 8010 Q:\25\25V1.TXT ofr150 PsN: PC150 Bureau of Indian Affairs, Interior § 61.4 (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. 239 VerDate Mar<15>2010 11:24 May 08, 2014 Jkt 232087 PO 00000 Frm 00249 Fmt 8010 Sfmt 8010 Q:\25\25V1.TXT ofr150 PsN: PC150 § 61.4 25 CFR Ch. I (4–1–14 Edition) (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.