§ 43c.9 Decision of the Secretary on appeals.

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.

(a) "Act" means the Act of Congress approved July 29, 1971 (85 Stat. 158), which authorizes and directs the Secretary to prepare a roll of the Pembina Band of Chippewa Indians and to distribute certain judgment funds to such persons.

(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.

(a) "Act" means the Alaska Native Claims Settlement Act of December 18, 1971, 85 Stat. 688, Public Law 92203, as amended and supplemented by the Act of January 2, 1976, 89 Stat. 1145, Public Law 94-204.

(b) "Secretary" means the Secretary of the Interior or his authorized representative.

(c) "Commissioner" means the Commissioner of Indian Affairs or his authorized representative.

(d) "Area Director" means the Area Director, Bureau of Indian Affairs, Juneau, Alaska, or his authorized representative.

(e) "Coordinator" means the head of the Enrollment Coordinating Office, Pouch 7-1971, Anchorage, Alaska 99501, having the responsibility for coordinating all activities regarding preparation of the roll.

(f) "Roll" means the roll of Alaska Natives prepared pursuant to the Act.

(g) "Native" means a citizen of the United States who is a person of one

fourth degree or more Alaska Indian (including Tsimshian Indians not enrolled in the Metlakatla Indian Community), Eskimo, or Aleut blood, or combination thereof. The term includes any Native as so defined either or both of whose adoptive parents are not Natives. It also includes, in the absence of proof of a minimum blood quantum, any citizen of the United States who is regarded as an Alaska Native by the Native village or Native group of which he claims to be a member and whose father or mother is (or, if deceased, was) regarded as Native by any village or group.

(h) "Village" means any tribe, band, clan, group, village, community, or association in Alaska listed in sections 11 and 16 of the Act, or which meets the requirements of the Act, and which the Secretary determines was, on the 1970 census enumeration date (April 1, 1970), composed of 25 or more Natives.

(i) "Native group" means any tribe, band, clan, village, community, or village association of Natives in Alaska composed of less than 25 Natives, who comprise a majority of the residents of the locality.

(j) "Region" means the geographic area covered by the operation of one of the 12 existing Native associations recognized in section 7(a) of the Act, or its successor regional corporation, and, includes the 13th region.

(k) "Permanent residence" means the place of domicile on April 1, 1970, which is the location of the permanent place of abode intended by the applicant to be his actual home. It is the center of the Native family life of the applicant to which he has the intent to return when absent from that place. A region or village may be the permanent residence of an applicant on April 1, 1970, even though he was not actually living there on that date, if he has continued to intend that place to be his home.

(1) "Regional Solicitor" means the officer in charge of the Anchorage Region of the Office of the Solicitor, Department of the Interior.

(m) "Sponsor" means a parent, recognized guardian, next friend, next of kin, spouse, executor, or administrator of estate, the Area Director or other person who files an application for en

rollment on behalf of another person. It does not include an enumerator.

(n) "Enumerator" means a person officially engaged in gathering for the Secretary data and information concerning eligibility of individual applicants for enrollment.

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

[37 FR 5615, Mar. 17, 1972; 37 FR 7204, Apr. 12, 1972, as amended at 41 FR 32421, Aug. 3, 1976]

§ 43h.2 Purpose.

The regulations in this part are to govern exclusively the preparation of a roll of Alaska Natives pursuant to section 5 of the Act. The provisions of Parts 2 and 42 of this chapter shall not be applicable to enrollment procedures and appeals provided for in this Part 43h.

§ 43h.3 Requirements for enrollment.

The roll shall consist of the names of all persons who meet the definition of Native and who were born on or before and were living on December 18, 1971.

§ 43h.4 Enrollment in regions.

(a) Permanent residents of Alaska: A Native permanently residing in Alaska on April 1, 1970, shall be enrolled in the region and village or other place in which he or she was a permanent resident on that date.

(b) Nonresidents of Alaska: A Native who is 18 years of age or older at the time of filing his or her application for enrollment and who, on April 1, 1970 was not a permanent resident of one of the regions in Alaska shall be enrolled according to the following order of priority:

(1) In the 13th region, if he or she so elects, or

(2) In the region where he or she resided on April 1, 1970, if he or she had resided there without substantial interruption for 2 or more years, or

(3) In the region where he or she previously resided for an aggregate of 10 years or more, or

(4) In the region where he or she was born, or

(5) In the region from which an ancestor came.

(c) A Native may be enrolled in a different region when necessary to avoid enrolling members of the same family (i.e., parents and children) in different regions or otherwise avoid hardship.

(d) Eligible children born on or after April 2, 1970, and on or before December 18, 1971, shall be enrolled in the region in which one of their parents is enrolled.

[37 FR 5615, Mar. 17, 1972, as amended at 41 FR 32422, Aug. 3, 1976]

§ 43h.5

Enrollment in a 13th region.

A Native eligible for enrollment who is 18 years of age or older and who, on April 1, 1970, was not a permanent resident of Alaska shall on the date he or she files an application for enrollment, elect whether to be enrolled in the 13th region or in the region determined pursuant to § 43h.4(b). Such election shall apply to all dependent members of his or her household who are less than 18 years of age on the date of such election, but shall not affect the enrollment of anyone else. Eligible Natives, entitled to make such an election but who abstain from indicating their preference when they file their applications, shall be enrolled in the appropriate region in Alaska pursuant to paragraphs (2) through (5) of § 43h.4(b).

[41 FR 32422, Aug. 3, 1976]

§ 43h.6 Applications for enrollment.

(a) All applications for enrollment shall be in writing on forms provided by the Bureau of Indian Affairs and shall be signed by or for the head of each household, spouse, and/or the dependent members of his or her household under 18 years of age. A separate application shall be completed and signed by or for other members of a household 18 years of age or older.

(b) Applications for adopted children or other minors not living with their parents, mentally incompetent persons, members of the Armed Services and/or any eligible members of their immediate families, stationed outside the Continental United States, or persons who have died since Decem