RESOLUTION
NO. 2004 - 03
Re: RESOLUTION AMENDING COUSHATTA TRIBE OF LOUISIANA MEMBERSHIP AND
ENROLLMENT ORDINANCE
WHEREAS,
the Coushatta Tribe of Louisiana (the "Tribe") is a sovereign Indian
Nation, recognized as such by the United States of America; and,
WHEREAS,
the Coushatta Tribal Council is the duly elected governing body of the
Coushatta Tribe of Louisiana; and,
WHEREAS,
the Coushatta Tribal Council is vested with authority to establish procedures
for the effective governance of the Tribe; and,
WHEREAS,
pursuant to Section XI of the Membership and Enrollment Ordinance the
Tribal Council has authority to make amendments to the ordinance during
a regularly called meeting at which a quorum is present; and,
WHEREAS,
the Coushatta Tribal Council has determined that it is in the best interest
of the Tribe to amend the Membership and Enrollment Ordinance to provide
for DNA or genetic marker testing as the exclusive evidence and documentation
to prove a child is the biological child of tribal member fathers when
evidence or documentation is required pursuant to Chapter V, D. "Documentation
to accompany all applications";
NOW, THEREFORE
BE IT RESOLVED, that the Membership and Enrollment Ordinance, Chapter
V, D. Documentation to accompany all applications shall be and
is hereby amended by repealing and adopting certain subsections of Section
D. 3, as follows:
1) Section
D. 3. (b), shall be repealed and stricken from the ordinance,
2) Section
D. 3. (c), shall be repealed and stricken from the ordinance.
3) Section
D. 3. (e), the following provision is adopted and shall be added to
the ordinance: "Should there be any question or doubt by the Enrollment
Department or Tribal Council as to the identity of the applicant's
biological parent(s), then a DNA or genetic marker test shall be required,
even though another section(s) or provision(s) of this ordinance may
have otherwise been fulfilled."
BE IT FURTHER
RESOLVED, that this amendment shall be effective on the date this resolution
is adopted by the Tribal Council and this amendment shall be incorporated
into all future publications of the Membership and Enrollment Ordinance.
CERTIFICATION
This resolution
amending the Membership and Enrollment Ordinance was duly acted upon
by the following Council Members at a regularly held council meeting
on January ,
2004 quorum present.
/s/
LOVELIN PONCHO, Chairman |
/s/
LEONARD BATTISE, Vice Chairman
|
/s/
HAROLD JOHN, Secretary - Treasurer |
/s/
WILLIAM WORFEL, Member |
/s/
DAVID SICKEY, Member |
AMENDMENT
TO THE COUSHATTA TRIBE OF LOUISIANA MEMBERSHIP AND ENROLLMENT ORDINANCE
D. Documentation to accompany all applications - Since the burden of
proof is on the applicant, the application must be accompanied by the
following documentation:
1 . Family
tree chart, and
2. Applicant's
original state-issued birth certificate and
3. If
the applicant's natural mother was not a tribal member, or if the
tribal blood of the father is required to establish eligibility, one
of the following also must accompany the birth certificate:
(a)
A marriage license showing that the applicant's mother was married
to the tribal member father at the time of the birth.
OR
(b) a notarized affidavit of paternity signed by both the applicant's
mother and father.
OR
(c) a court order or determination of heirship declaring a specific
tribal member to be the natural father.
OR
(d) A DNA or genetic marker test (obtained at the applicant's sole
expense) determining the probability that a specific tribal member
is the natural father of the applicant to be not less than 97%.
(e)
Should there be any question or doubt by the Enrollment Department
or Tribal Council as to the identity of the applicant's biological
parent(s) then a DNA or genetic marker test shall be required even
though another section(s) or provision(s) of this ordinance may
have otherwise been fulfilled.
4. Documentation
proving the direct descent of each Coushatta Tribe of Louisiana ancestor
from an enrollee of this tribe if neither the applicant's father nor
mother is an enrolled member of the tribe.
Back
to Top