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.

(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 documentation. The Director shall mail an information form to each person whose name appeared on the rolls prepared 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 num

bers 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.

§ 43c.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 § 43c.3.

(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 or their families stationed in Alaska, Hawaii, or elsewhere outside the continental United States, or for a person who died after August 1, 1980, 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 Director of any change in address, giving appropriate identification of the application, otherwise the address as stated 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).

§ 43c.6 Burden of proof.

The burden of proof of eligibility for enrollment rests upon the person

filing application. Documentary evidence such as birth certificates, baptismal records, death certificates, copies of probate findings or affidavits must be used to support claims for enrollment.

§ 43c.7 Action by the Director.

(a) The Director shall consider each application and the record for each 1968 enrollee and/or 1972 enrollee. Upon determining an applicant's or 1968 and/or 1972 enrollee's eligibility under paragraph (a) of § 43c.3 and under paragraph (b) of § 43c.3, the Director shall notify the person or sponsor, as applicable, in writing of his/her decision. If the decision is favorable, the name of the person shall be placed on the roll. If the Director decides the person is not eligible, he/she shall notify the person 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 rejection 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 files applications on behalf of more than one person, one notice of eligibility or rejection may be addressed to the individual who filed the applications. However, said notice must list the name of each person involved. If a certified or registered notice is returned as "Unclaimed" the Director shall remail the notice by regular mail together with an acknowledgement of receipt form to be completed by the addressee and returned to the Director. 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.

(b) A notice of eligibility or rejection 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.

(c) 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.

(d) The Director shall consider those persons who claim or 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 Indians of July 4, 1866 (14 Stat. 793), as being affiliated with the Kansas Delaware Tribe of Indians, Incorporated, and those persons who claim or establish eligibility through a lineal ancestor named on the "Register" prepared pursuant to the agreement dated April 8, 1867, between the Delaware Tribe of Indians and the Cherokee Nation, as being affiliated with the Delawares of Idaho, Incorporated. Except that, persons who were 1972 enrollees or were eligible to be enrolled under the 1972 Act even though they are also lineal descendants of a person named on one of the above records shall be considered affiliated with the Cherokee Delawares for the purposes of the 1980 Act. The Director shall consider those persons who claim or establish eligibility because their name or the name of a lineal ancestor appears on the Delaware (Cherokee Delaware) Indian per capita payroll approved by the Secretary of the Interior on April 20, 1906, as being affiliated with the Cherokee Delawares.

(e) To avoid hardship or gross injustice, the Director may waive technical deficiencies in applications or other submissions. Failure to file by the deadline does not constitute a technical deficiency.

§ 43c.8 Appeals.

Appeals from rejected persons must be in writing and must be filed pursuant to Part 42 of this subchapter, a copy of which shall be furnished with each notice of rejection.

§ 43c.9 Decision of the Secretary on ap

peals.

The decision of the Secretary on an appeal shall be final and conclusive, and written notice of the decision shall be given to the person 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.

§ 43c.10 Preparation of the rolls.

The staff officer shall prepare a minimum of 5 copies of the roll of persons determined to be eligible for enrollment under paragraph (a) of § 43c.3 and a roll of persons determined eligible for enrollment under paragraph (b) of § 43c.3, after the Director has made a determination as to the eligibility of each applicant and 1968 enrollee and/or 1972 enrollee. The names of 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 and in the remarks column, when applicable, the section of the 1980 Act under which they qualify and whether they are affiliated with the Kansas Delaware Tribe of Indians, Incorporated, or the Delawares of Idaho, Incorporated.

§ 43c.11 Certification and approval of the rolls.

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

§ 43c.12 Special instructions.

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

(b) "Secretary" means the Secretary of the Interior or his authorized representative acting under delegated authority.

(c) "Commissioner" means the Commissioner of Indian Affairs or his authorized representative acting under delegated authority.

(d) "Director" means the Area Director, Aberdeen Area Office, Bureau of Indian Affairs, or his authorized representative acting under delegated authority.

(e) "Lineal descendant" means a person in direct line of descent, as child, grandchild, great-grandchild, etc. It does not include collateral relationships, examples of which are

brother, sister, nephew, niece, cousin, etc.

(f) "Living" means born on or before and living on July 29, 1971.

(g) "Sponsor" means a person who filed an application for enrollment on behalf of another person; e.g., parent, recognized guardian, next friend, next of kin, spouse, executor, or administrator of estate, or other person.

§ 43g.2 Purpose.

(a) The regulations in this Part 43g are to govern the compilation of a roll of persons who meet the enrollment requirements specified in section 2 of the Act to serve as a basis for and the distribution of certain judgment funds awarded the Pembina Band of Chippewa Indians.

§ 43g.3 Qualifications for enrollment.

The roll shall contain the names of persons who:

(a) File an application for enrollment within the time specified in § 43g.5, and

(b) Were born on or prior to and were living on the date of the Act, and

(c) Are lineal descendants of members of the Pembina Band as it was constituted in 1863, except that persons in the following categories shall not be so enrolled:

(1) Those who are not citizens of the United States;

(2) Those who are members of the Red Lake Band of Chippewa Indians; and

(3) Those who participated in the Mississippi, Pillager, and Lake Winnibigoshish Chippewa Band awards under the provisions of the Act of September 27, 1967 (81 Stat. 230).

§ 43g.4 Application forms.

(a) Application forms will be furnished by the Director or other designated persons upon written or verbal request. Each person furnishing application forms shall keep a record of the names of the individuals to whom applications are given, as well as the number of forms and the dates furnished.

(b) Among other information applications shall contain:

(1) The deadline for filing the application with the Director.

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

(c) An application filed by a person who has never been enrolled must contain a certification that the applicant is a relative by blood of the person or persons through whom eligibility for enrollment is claimed.

(d) Instructions for completing and filing application forms shall be furnished with each form.

§ 43g.5 Filing of applications and deadline for filing.

(a) Any person who desires to be enrolled pursuant to the Act must file, or have filed in his behalf, a completed application form with the Director, Bureau of Indian Affairs, Aberdeen Area Office, 820 South Main Street, Aberdeen, SD 57401. Applications must be postmarked no later than midnight on June 27, 1972.

[37 FR 6291, Mar. 28, 1972]

§ 43g.6 Burden of proof.

(a) The burden of proof rests upon the applicant to establish his eligibility for enrollment. Documentary evidence such as birth certificates, death certificates, marriage certificates, baptismal and other church records, copies of probate findings or affidavits may be used to support the claim for enrollment. Records of the Bureau of Indian Affairs may also be used to establish eligibility.

§ 43g.7 Action by the Director.

(a) The Director shall consider each application. Upon making a determination, the Director shall notify in writing the applicant or sponsor of his decision. If such decision is favorable, the name of the applicant shall be placed on the roll. If the decision is adverse, the notification to the applicant or sponsor shall be made by certified mail, to be received by addressee only, return receipt requested, and shall contain a full explanation of the reasons therefor, and of the right to appeal to the Secretary. If an individual files applications on behalf of more than one person, one notice of eligibility or rejection may be addressed to the person who filed the applications.

However, said notice must list the names of each person involved.

(b) To avoid hardship or gross injustice, the Director may waive technical deficiencies in applications or other submissions.

§ 43g.8 Appeals.

(a) Appeals from rejected applications must be in writing and filed pursuant to Part 42 of this subchapter, a copy of which will be furnished with the notice of each rejection.

§ 43g.9 Preparation of roll.

(a) In developing the roll of Pembina descendants the Secretary shall determine which enrollees are members of the Minnesota Chippewa, the Turtle Mountain Band of Chippewas of North Dakota, or the Chippewa-Cree Tribe of Montana.

(b) The Director shall prepare the roll of persons determined to be eligible for enrollment. In addition to other information which may be shown, the completed roll shall contain for each person a roll number, name, address, sex, date of birth, and in the remarks column the name and relationship of the ancestor through whom eligibility is claimed.

§ 43g.10 Certification and approval of roll. (a) A certificate shall be attached to the roll by the Director certifying that to the best of his knowledge and belief the roll contains only the names of those persons who were determined to meet the requirements for enrollment. The Commissioner shall approve the roll.

§ 43g.11 Apportioning and distributing judgment funds.

(a) Subsequent to the establishment of the descendancy roll the Secretary shall apportion funds to the three cited tribes on the basis of the numbers of enrolled descendants having membership with these tribes.

(b) The remaining funds shall be distributed in equal shares to those enrolled descendants who are not members of the three cited tribes.

§ 43g.12 Establishment of Pembina De

scendants Committee, Turtle Mountain. (a) The Secretary shall call a meeting of known Pembina descendants who are affiliated with the Turtle Mountain Band for the purpose of electing a Pembina Descendants Committee to work in concert with the tribal governing body for the purpose of making recommendations to the Secretary. Notice of the meeting will be given in local news media and posted at places frequented by the members of the band.

(b) A temporary chairman will be elected and will preside at the meeting. He shall entertain nominations for committee members from the floor. Committee members will be elected by a majority vote of those attending the meeting and casting ballots.

(c) The Superintendent shall furnish the ballots and following the election shall certify the results of the election reflecting the sentiments of the majority of the Pembina descendants attending the meeting.

§ 43g.13 Tribal use of judgment funds.

(a) The funds apportioned to the Minnesota Chippewa Tribe, the Turtle Mountain Band, and the ChippewaCree Tribe may be advanced, expended, invested, or reinvested for any purpose authorized by the respective tribal governing bodies and approved by the Secretary: Provided, That the governing body of the Minnesota Chippewa Tribe shall act in concert with the General Council of the Pembina Band of Chippewa Indians of the White Earth Reservation for the purpose of making recommendations to the Secretary; And provided further, That the Turtle Mountain tribal governing body shall be required to work in concert with the Pembina Descendants Committee elected as provided in § 43g.12 for the purpose of making recommendations to the Secretary and only those members of the three cited tribes who are enrolled as Pembina descendants under the provisions of this Act shall be permitted to share in any per capita distribution of the funds accruing to the tribes.