Page:United States Statutes at Large Volume 114 Part 5.djvu/927

 PUBLIC LAW 106-568—DEC. 27, 2000 114 STAT. 2941 roll if such individual is living, is not an enrolled member of another federally recognized Indian tribe, and if— (A) such individual's name was listed on the Graton Indian Rancheria distribution list compiled by the Bureau of Indian Affairs and approved by the Secretary on September 17, 1959, under Public Law 85-671; (B) such individual was not listed on the Graton Indian Rancheria distribution list, but met the requirements that had to be met to be listed on the Graton Indian Rancheria distribution list; (C) such individual is identified as an Indian from the Graton, Marshall, Bodega, Tomales, or Sebastopol, California, vicinities, in documents prepared by or at the direction of the Bureau of Indian Affairs, or in any other public or California mission records; or (D) such individual is a lineal descendant of an individual, living or dead, identified in subparagraph (A), (B), , or(C). (2) After adoption of a tribal constitution under section 1408, such tribal constitution shall govern membership in the Tribe. (c) CONCLUSIVE PROOF OF GRATON INDIAN ANCESTRY.— For the purpose of subsection (b), the Secretary shall accept any available evidence establishing Graton Indian ancestry. The Secretary shall accept as conclusive evidence of Graton Indian ancestry information contained in the census of the Indians from the Graton, Marshall, Bodega, Tomales, or Sebastopol, California, vicinities, prepared by or at the direction of Special Indian Agent John J. Terrell in any other roll or census of Graton Indians prepared by or at the direction of the Bureau of Indian Affairs and in the Graton Indian Rancheria distribution list compiled by the Bureau of Indian Affairs and approved by the Secretary on September 17, 1959. SEC. 1407. INTERIM GOVERNMENT. Until the Tribe ratifies a final constitution consistent with section 1408, the Tribe's governing body shall be an Interim Tribal Council. The initial membership of the Interim Tribal Council shall consist of the members serving on the date of the enactment of this Act, who have been elected under the tribal constitution adopted May 3, 1997. The Interim Tribal Council shall continue to operate in the manner prescribed under such tribal constitution. Any vacancy on the Interim Tribal Council shall be filled by individuals who meet the membership criteria set forth in section 1406(b) and who are elected in the same manner as are Tribal Council members under the tribal constitution adopted May 3, 1997. SEC. 1408. TRIBAL CONSTITUTION. (a) ELECTION; TIME; PROCEDURE.— After the compilation of the tribal membership roll under section 1406(a), upon the written request of the Interim Tribal Council, the Secretary shall conduct, by secret ballot, an election for the purpose of ratifying a final constitution for the Tribe. The election shall be held consistent with sections 16(c)(1) and 16(c)(2)(A) of the Act of June 18, 1934 (commonly known as the Indian Reorganization Act; 25 U.S.C. 476(c)(1) and 476(c)(2)(A), respectively). Absentee voting shall be permitted regardless of voter residence. (b) ELECTION OF TRIBAL OFFICIALS; PROCEDURES,— Not later than 120 days after the Tribe ratifies a final constitution under 25 USC 1300n-5. 25 USC 1300n-6. Deadline.

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