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Blue Lake Rancheria Ordinances

Received: 2003

ORDINANCE No. 88-03

ORDINANCE OF THE BLUE LAKE RANCHERIA
HUMBOLDT COUNTY, STATE OF CALIFORNIA

ENROLLMENT PROCEDURES OF THE BLUE LAKE RANCHERIA


SUBJECT:
Rules and procedural requirements governing enrollment activities of the Blue Lake Rancheria.

WHEREAS: The Blue. Lake Rancheria Business Council, on August 10, 1987, by formal Resolution No. 87-06, did adopt the Constitution for the management of all Tribal Affairs.
WHEREAS: Article III, Section 3, empowers the Business Council to adopt an Enrollment Ordinance consistent with the Constitution of the Blue Lake Rancheria governing the type and form of process for application for membership.

NOW THEREFORE BE IT KNOWN, that the Blue Lake Rancheria hereby adopts the following requirements and procedures to govern their enrollment activities, subject to review and approval by the Secretary of the Interior or his authorized representative.


DEFINITIONS

Wherever used in this Ordinance, the terms defined in this section shall have the following meaning:

Adoption: Means granting tribal membership to individuals who meet specific requirements prescribed in this ordinance.

Adopted Child: A child who is not the biological child of a parent but who has had the parent/child relationship established by court decree who is of Indian Ancestry.

Area Director: The Area Director of the Sacramento Area Office, Bureau of Indian Affairs.

Assignment: Tribal land that is assigned to an individual to live on and use, but does not hold title to.

Business Council: The duly elected Business Council of the Blue Lake Rancheria.

Lineal Descendant: Those persons who are the issue of the ancestor through who enrollment rights are claimed, namely, the children, grandchildren, etc. It does not include collateral relatives such as aunts, uncles, cousins, etc.

Enrollment Committee: An appointed group of persons whose responsibility it is to screen membership applications for the Blue Lake Rancheria.

Superintendent: The Superintendent of the Northern California Agency, Bureau of Indian Affairs.

Secretary of the Interior: The Secretary for Indian Affairs of the United States Department of the Interior.

Tribal member: An enrolled member of the Blue Lake Rancheria.

Tribe: The Indians of the Blue Lake Rancheria.


SECTION I. ELIGIBILITY

Membership in the Blue Lake Rancheria shall consist of persons in the following categories:

A. All Indian persons whose names are listed as distributees on the document entitled "Plan for the Distribution of the Assets of the Blue Lake Rancheria", according to the provisions of P.L. 85-671, approved August 18, 1958, together with Indian persons listed as dependent children of said distributees.

B. All Indian persons who have acquired title to any such Rancheria property by inheritance, gift, purchase or other means after deeds to Rancheria property were distributed under the Rancheria Act, but prior to December 22, 1983.

C. All Indian persons who are lineal descendants of any person designated in subsection (A) or lineal descendants of any person designated in subsection (B) who are enrolled members of the Blue Lake Rancheria.

D. Adopted Members: Indian persons that have moved within the exterior boundaries with the present intention of making a 'permanent home for an unlimited or indefinite period of time.

E. Adopted Children: Indian children that become legally adopted by duly enrolled members of the Tribe.


SECTION II. ENROLLMENT COMMITTEE

The Business Council shall appoint a three (3) member Enrollment Committee from the General Council. One member shall be designated as the Chairperson and the remaining two (2) shall serve as committee members. The Committee shall serve for a period of two (2) years, but members may be reappointed upon the expiration of their two (2) year term. :The Committee shall be directly responsible to the Business Council and shall dispense information regarding membership eligibility requirements and the enrollment process, distribute and receive application forms, review completed applications and present its recommendations to the Business Council for approval or disapproval.


CONFIDENTIALITY

In order to protect the privacy of tribal members and of individuals applying for enrollment, meetings of the Committee or portions of the Committee's meetings during which individual applications are discussed shall be closed. However, the person whose application is under consideration may attend the meeting as may anyone whom they wish to be present to represent them or testify on their behalf. If a minor or incompetent is the person whose application is under consideration, the person making application on their behalf may also be present. The Enrollment Committee shall not provide its enrollment application records or information contained therein to persons other than those involved in the enrollment process without the consent of the applicant for enrollment in writing.


SECTION III. FILING MEMBERSHIP APPLICATIONS

All Indian persons desiring membership with the Blue Lake Rancheria, shall file written applications authorized by the Tribe. An application may be filed on behalf of anyone in need of assistance by a sponsor meaning, a parent, guardian, relative, friend, or a member of the Business Council or Enrollment Committee. Applications shall be filed with the Enrollment Committee within sixty (60) days after May 30th of each year.


SECTION IV. APPROVAL OR DISAPPROVAL OF MEMBERSHIP APPLICATIONS

The Business Council shall approve or disapprove applications for enrollment. Such action shall be based upon the recommendations of the Enrollment Committee and any other information or evidence available. All applicants shall be notified in writing of the Business Council determination. Applicants whose membership applications have been disapproved shall be notified by certified mail-return receipt requested of the reason(s) for such disapproval and the right to appeal the adverse determination.


SECTION V. APPEALS

Adverse determinations on applications for membership may be appealed to the Area Director. An appeal shall be in writing and must be received by the Superintendent, Northern California Agency, within thirty (30) days after receipt of the notice of ineligibility for forwarding to the Area Director. If the Area Director finds the applicant has established his right to enrollment, he shall instruct the Business Council to add the persons name to the roll. If, however, the Area Director finds it appropriate to sustain the Business Council decision, he shall so notify the applicant and forward the appeal to the Secretary of the Interior for final determination.

The Area Director's decision may be appealed by the Business Council to the Secretary of the Interior. Such appeal must be in writing and filed within thirty (30) days from the date the Area Director's determination is received. Extensions of time to submit additional evidence may be granted provided an appeal is timely filed.


SECTION VI. BURDEN OF PROOF

The burden of proving eligibility for enrollment shall be upon the applicant or sponsor. Documentation of birth and parentage is required. Certificates of birth, certificates of death, baptismal records, copies of probate findings, affidavits, paternity statements, marriage licenses, adoption records, or records of the Bureau of Indian Affairs and tribe are types of documentary evidence to establish eligibility. The burden of proof in a disenrollment action rests with the tribe.


SECTION VII. RELINQUISHMENT

An member may relinquish his/her membership with the Blue Lake Rancheria by submitting a request in writing to the Business Council.


SECTION VIII. ADOPTION

Indian individuals may be adopted into membership upon receipt of an affirmative vote of at least fifty-one (51%) of the total General Council membership. Individuals desiring adoption shall file a written application with the Enrollment Committee. The applicant shall have the right to a hearing at the time his application is to be voted on by secret ballot. The General Council's decision shall be final.


SECTION IX. MEMBERSHIP ROLL PREPARATION

Within thirty (30) days from approval of this ordinance, the Business Council shall establish a deadline for filing applications to appear on the initial roll. After final action has been taken on all applications the roll shall be prepared reflecting the names of all approved members. In addition to the names of the members in alphabetical order, the roll shall contain the address, sex, date of birth, identification number, and degree of Indian blood for each member. The Business Council shall affix a signed certification as to the correctness of the roll and shall forward the roll certification, and applications to the Superintendent for review and approval.

Thereafter, applications for enrollment may be filed with the Enrollment Committee, at General Council meetings, or at a designated time announced by the Enrollment Committee.

Should the Superintendent disagree with the tribe's decision on any application, he shall notify the applicant and the Enrollment Committee by certified mail-return receipt requested of the decision and the right to appeal the determination in accordance with Section V - Appeals, of this ordinance.


SECTION X. CERTIFICATION OF ROLL

After all appeals have been finalized, the Superintendent shall affix a certification to the roll certifying to its correctness and that the roll, to the best of his knowledge and belief contains only the names of Indian entitled to enrollment with the Blue Lake Rancheria. Unless otherwise directed by Congress, the approved roll shall be used for all official purposes.


SECTION XI. BLOOD DEGREE CORRECTIONS

The blood degrees listed on the initial roll approved in accordance with Section X of this ordinance shall be used as a basis to determine Indian ancestry of future applicants. Except for errors in blood degrees of a mathematical nature, no corrections will be made to blood degrees on the roll without a written request from an individual questioning his or an ancestor's blood degree. The request shall be initiated with the Enrollment Committee and will be forwarded for determination to the Assistant secretary of Indian Affairs through the Business Council, Superintendent and Area Director.

In the event that the Assistant Secretary determines that a change is in order, each individual affected by the change shall be notified of the change by the Superintendent and shall have thirty (30) days to protest the change.

Once all protests have been reviewed and finalized, the change shall be final. Errors in blood degree of a mathematical nature do not need approval by an official of the Bureau of Indian Affairs. The Bureau, however, shall be notified of the change for their records.


SECTION XII. DISENROLLMENT

The following shall be grounds for disenrollment of any member:

(A) A person obtained membership through error or on the basis of false information.

(B) A person is a descendant of a person disenrolled pursuant to (A) of this section and does not otherwise meet membership criteria of this ordinance.

Written notice by certified mail-return receipt requested shall be given to the person being disenrolled. The notice shall inform the person of the right to explain in a hearing on a date of his or her choice why he or she should not be disenrolled. If after the hearing it is the decision of the Business Council to disenroll a member, the Business Council shall pass a resolution of the official disenrollment. The person shall be notified by certified mail-return receipt requested of the action taken and of the right to appeal the decision within thirty (30) days to the Secretary of the Interior. The appeal shall be filed with the Superintendent for forwarding to the Secretary of the Interior through the Area Director.


SECTION XIII. KEEPING MEMBERSHIP ROLL CURRENT

After approval of the initial roll by the Superintendent, the roll shall be updated as of May 30th of each year by:

(1) Adding the names to the roll of applicants who were enrolled in accordance with the requirements of this Ordinance.

(2) Striking the names of persons who relinquished their membership, were disenrolled or of deceased persons upon receipt of documentation of death.


SECTION XIV. USE OF MEMBERSHIP ROLL

The 'membership roll, when duly certified and approved, shall be used for all official purposes, except that when used for the distribution of tribal assets, it: shall first require the approval of the Secretary of the Interior or his authorized representative.


SECTION XV. AMENDMENTS

This ordinance, or any section herein, may be amended by a majority vote of the General Council at a duly called regular or special meeting, and the amendment will become effective on review and approval of the Secretary of the Interior or his authorized representative.


ADOPTED THIS 12 DAY OF April, 1988.

_______________/s/_____________
Chairperson Blue Lake Rancheria
___4 - 12 - 88___
Date
______________________________
ATTESTED: Signature and Title
______________
Date

This ordinance has been reviewed and accepted by secret ballot by the General Council of the Blue Lake Rancheria with a vote of 7 for with 3 against and 0 abstained and 6 absent on April 10, 1988.

_______________/s/________________
Chairperson of the General Council
___4 - 12 - 88___
Date

ACKNOWLEDGED:

______________________________
Superintendent, Bureau of Indian Affairs
Northern California Agency

 

APPROVED:

______________________________
Area Director, Bureau of Indian Affairs
Sacramento Area Office

 


SECTION XV. AMENDMENTS

This ordinance, or any section herein, may be amended by a majority vote of the General Council at a duly called regular or special meeting, and the amendment will become effective on review and approval of the Secretary of the Interior or his authorized representative.

ADOPTED THIS 15th DAY OF April, 1988

_______________/s/_____________
Chairperson Blue Lake Rancheria

April 15, 1998
Date

______________________________
ATTESTED: Signature and Title
____________
Date

This ordinance has been reviewed and accepted by secret ballot by the General Council of the Blue Lake Rancheria with a vote of 7 for with 3 against and 0 abstained and 6 absent on April 10, 1988.

_______________/s/_____________
Chairperson of the General Council
April 12, 1998
Date

ACKNOWLEDGED:

______________________________
Superintendent, Bureau of Indian Affairs
Northern California Agency

 

APPROVED:

______________________________
Area Director, Bureau of Indian Affairs
Sacramento Area Office

 
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