
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC941e]

 
                            TITLE 25--INDIANS
 
                        CHAPTER 14--MISCELLANEOUS
 
SUBCHAPTER XLIII-A--CATAWBA INDIAN TRIBE OF SOUTH CAROLINA; RESTORATION 
                      OF FEDERAL TRUST RELATIONSHIP
 
Sec. 941e. Base membership roll


(a) Base membership roll criteria

    Within one year after October 27, 1993, the Tribe shall submit to 
the Secretary, for approval, its base membership roll. An individual is 
eligible for inclusion on the base membership roll if that individual is 
living on October 27, 1993, and--
        (1) is listed on the membership roll published by the Secretary 
    in the Federal Register on February 25, 1961 (26 FR 1680-1688, 
    ``Notice of Final Membership Roll''), and is not excluded under the 
    provisions of subsection (c) of this section;
        (2) the Executive Committee determines, based on the criteria 
    used to compile the roll referred to in paragraph (1), that the 
    individual should have been included on the membership roll at that 
    time, but was not; or
        (3) is a lineal descendant of a Member whose name appeared or 
    should have appeared on the membership roll referred to in paragraph 
    (1).

(b) Base membership roll notice

    Within 90 days after October 27, 1993, the Secretary shall publish 
in the Federal Register, and in three newspapers of general circulation 
in the Tribe's service area, a notice stating--
        (1) that a base membership roll is being prepared by the Tribe 
    and that the current membership roll is open and will remain open 
    for a period of 90 days;
        (2) the requirements for inclusion on the base membership roll;
        (3) the final membership roll published by the Secretary in the 
    Federal Register on February 25, 1961;
        (4) the current membership roll as prepared by the Executive 
    Committee and approved by the General Council; and
        (5) the name and address of the tribal or Federal official to 
    whom inquiries should be made.

(c) Completion of base membership roll

    Within 120 days after publication of notice under subsection (b) of 
this section, the Secretary, after consultation with the Tribe, shall 
prepare and publish in the Federal Register, and in three newspapers of 
general circulation in the Tribe's service area, a proposed final base 
membership roll of the Tribe. Within 60 days from the date of 
publication of the proposed final base membership roll, an appeal may be 
filed with the Executive Committee under rules made by the Executive 
Committee in consultation with the Secretary. Such an appeal may be 
filed by a Member with respect to the inclusion of any name on the 
proposed final base membership roll and by any person with respect to 
the exclusion of his or her name from the final base membership roll. 
The Executive Committee shall review such appeals and render a decision, 
subject to the Secretary's approval. If the Executive Committee and the 
Secretary disagree, the Secretary's decision will be final. All such 
appeals shall be resolved within 90 days following publication of the 
proposed roll. The final base membership roll of the Tribe shall then be 
published in the Federal Register, and in three newspapers of general 
circulation in the Tribe's service area, and shall be final for purposes 
of the distribution of funds from the Per Capita Trust Fund established 
under section 941i(h) of this title.

(d) Future membership in Tribe

    The Tribe shall have the right to determine future membership in the 
Tribe; however, in no event may an individual be enrolled as a tribal 
member unless the individual is a lineal descendant of a person on the 
final base membership roll and has continued to maintain political 
relations with the Tribe.

(Pub. L. 103-116, Sec. 7, Oct. 27, 1993, 107 Stat. 1124.)

                  Section Referred to in Other Sections

    This section is referred to in sections 941f, 941i of this title.
