Page:United States Statutes at Large Volume 108 Part 6.djvu/227

 PUBLIC LAW 103-454—NOV. 2, 1994 108 STAT. 4795 shall, after consultation with the Tribe, compile a membership roll of the Tribe. (b) CRITERIA FOR MEMBERSHIP.— (1) Until a tribal constitution is adopted pursuant to section 308, an individual shall be placed on the membership roll if such individual is Hving, is not an enrolled member of another federally recognized Indian tribe, is of Nomlaki Indian ancesliy, and if— (A) such individual's name was listed on the Paskenta Indian Rancheria distribution roU compiled on February 26, 1959, by the Bureau of Indian Affairs and approved by the Secretary of the Interior on July 7, 1959, pursuant to Public Law 85-671; (B) such individual was not Usted on the Paskenta Indian Rancheria distribution Ust, but met the requirements that had to be met to be Usted on the Paskenta Indian Rancheria Hst; (C) such individual is identified as an Indian from Paskenta in any of the official or unofficial rolls of Indians prepared by the Bureau of Indian Affairs; or (D) such individual is a lineal descendant of an individual, hving or dead, identified in subpara^ph (A), (B), or (C). (2) After adoption of a tribal constitution piu^uant to section 308, such tribal constitution shall govern membership in the Tribe. (c) CONCLUSIVE PROOF OF PASKENTA INDIAN ANCESTRY. — For the purpose of subsection (b), the Secretary shali accept any available evidence establishing Paskenta Indian ancestry. The Secretary John J. Terrell, shall accept as conclusive evidence of Paskenta Indian ancestry, information contained in the census of the Indians in and near Paskenta, prepared by Special Indian Agent John J. Terrell, in any other roll or census of Paskenta Indians prepared by the Bureau of Indian Affairs, and iu the Paskenta Indian Rancheria distribution hst, compiled by the Bureau of Indian Affairs on February 26, 1959. SEC. 307. INTERBf GOVERNMENT. Until a new tribal constitution and bylaws are adopted and become effective under section 308, the Tribe's govermng body shall be an Interim Council. The initial membership of the Interim Council shall consist of the members of the Tribal Council of the Tribe on the date of the enactment of this Act, and the Interim Council shall continue to operate in the manner prescribed for the Tribal Council under the tribal constitution adopted December 18, 1993. Any new members filling vacancies on the Interim Council shall meet the membership criteria set forth in section 306(b) and be elected in the same manner as are Tribal Council members under the tribal constitution adopted December 18, 1993. SEC. 308. TRIBAL CONSTITUTION. (a) ELECTION; TIME AND PROCEDURE. —Upon the completion of the tribal membership roll tmder section 306(a) and upon the written request of the Interim Council, the Secretary shall conduct, by secret ballot, an election for the piupose of adopting a constitution and bylaws for the Tribe. The election shall be h^d according to section 16 of the Act of June 18, 1934 (25 U.S.C. 476), except that absentee balloting shall be permitted regardless of voter residence. (b) ELECTION OF TRIBAL OFFICIALS; PROCEDURES.— Not later than 120 days after the Tribe adopts a constitution and bylaws under subsection (a), the Secretary shall conduct an election by 25 USC 1300m-5. 25 USC 1300m-6.

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