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PURPOSE

To establish rules and procedure requirements governing the enrollment activities of the Cedarville Rancheria.

WHEREAS, the Cedarville Rancheria Constitution and Bylaws empowers the General Council to pass ordinances prescribing rules and regulations governing future membership, loss of membership and keeping the current membership roll current, subject to the approval of the Secretary of the Interior.

DEFINITIONS

SECTION I

1. ELIGIBILITY

The membership of the Cedarville Rancheria shall consist of:

a. All persons of the Rancheria whose names appear on or are entitled to appear on the Official Census Roll, dated July 18, 1954.

b. Persons of California Indian descent who reside on the Cedarville Rancheria, CA, and have resided there continuously for a period of at least two (2) years, at the time of adoption of the constitution, provided they make application for enrollment and provided further they receive a majority vote of the Community Council;

c. All lineal descendants of persons eligible for membership under section 1(a) and (b) above provided such descendants reside on the Rancheria.

2. INELlGIBILITY

No person shall be a member of the Cedarville Rancheria if he:

a. Was a member of any tribe or band of Indians when its trust relationship with the Federal Government was terminated except those persons listed as dependent members on final rolls of California rancherias or whose tribal status has been reinstated by the courts

b. Has been allotted on another reservation or on the public domain

c. Is officially enrolled with or is recognized as a member of another tribe or band. A "recognized" member of another tribe or band of Indians is a person who has received a land-use assignment or payments by reason of membership in another tribe or rancheria, except through inheritance

d. Has relinquished, in writing, his membership in the Cedarville Rancheria.

ENROLLMENT COMMITTEE

a. The elected Executive Committee shall be the Enrollment Committee. The Committee shall dispense information regarding membership eligibility requirements and enrollment process, distribute and present application forms, review completed applications and present its recommendations to the General council for approval or disapproval.

b. Approval or disapproval of applications for enrollment shall be based upon Article III Membership Eligibility of the Tribal Constitution, and required documentation. All applicants shall be notified in writing of the Executive Committee's 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.

Other duties of the Enrollment Committee:

The Enrollment Committee will review all enrollment applications for completeness; and insure that all required documents for proof of eligibility have been submitted by an applicant, legal parent, or guardian, for child or incompetent person. The Enrollment Committee shall review all required and pertinent documents which include, but are not limited to state certified birth certificates, notarized paternity or maternity affidavits, adoption and/or guardianship decrees pertaining to the Indian Child Welfare Act.

SECTION III

MEMBERSHIP APPLICATIONS

a. All persons desiring membership with the Cedarville Rancheria shall complete an official Enrollment Application and Enrollment Application Tree.

b. If you are applying as the child of a person officially enrolled as a member of the Cedarville Rancheria, you must provide a state certified birth certificate and your parent's marriage certificate. If your parents were not married at the time of your birth, and your father is the enrolled tribal member, you will be required to show proof of paternity. A notarize paternity affidavit signed by your father; or a court ordered paternity are the two acceptable documents to show proof of paternity. Additional documentation may be required. ELIGIBLE CHILDREN AND NON COMPETENT INDIVIDUALS MAY BE ENROLLED BY A PARENT OR LEGAL GUARDIAN. PERSONS MUST BE 18 YEARS OR OVER TO ENROLL THEMSELVES.

SECTION IV

APPEALS

Adverse determination on applications for membership may be appealed to the Executive Committee. An appeal shall be in writing and must be received by the Executive Committee within 30 days after receipt of the notice of ineligibility. If the Executive Committee finds the applicant has established his right to enrollment, they shall add the persons name to the roll. If, however the Executive Committee finds it appropriate to sustain their decision of eligibility, the shall notify the applicant of their appeal rights. The applicant may submit his appeal in writing within ten (10) days to the Community Council. Upon approval by 51% of those present at a properly called meeting, the Executive Committee shall be directed to add the applicant name to the roll.

SECTION V

MEMBERSHIP ROLL PREPARATION

The roll shall consist of members enrolled in the tribe as of July 18, 1954, and all additional members approved by resolutions enacted by the Community Council to date.

The roll shall be prepared reflecting the names of all approved members in alphabetical order. In addition to the names of the members, the roll shall contain the address, sex, date of birth, tribal enrollment number, and degree of Indian blood for each member. Deceased members names will appear on the roll with the necessary documented date of death.

SECTION VI

CERTIFICATION OF ROLL

The Executive Committee shall affix a signed certification as to the correctness of the roll and shall forward the roll to the Superintendent, Bureau of Indian Affairs (BIA) for official certification. The BIA will certify and return the original roll to the tribe. A copy of the roll will be maintained at the Agency.

SECTlON VII

DlSENROLLMENT

The following shall be grounds for disenrollment of any member:

a. False information or misrepresentation of any documentation or evidence relevant to enrollment eligibility.

b. Proof that an enrolled member became a recognized member of another tribe or band without relinquishing their membership to the Cedarville Rancheria.

c. A person who is a descendant of a person disenrolled pursuant to Disenrollment (a). of this section and does not otherwise meet the membership criteria of the 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 their choice why they should not be disenrolled. If after the hearing it is the decision of the Executive Committee to disenroll a member, the Executive Committee 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 30 days to the Community Council Membership.

SECTION VIII

KEEPING MEMBERSHIP ROLL CURRENT

After approval of the initial roll by the Executive Committee, the roll shall be updated as of June 30 of each year by:

a. Adding the names to the roll of applicants who were enrolled in accordance with the requirements of the ordinance.

b. Striking names of persons who relinquish their membership or were disenrolled. Upon receipt of documentation of death, deceased members named shall remain on the roll, however, the date of death will be recorded on the roll. The effective date of those who relinquish their membership or who are disenrolled should be recorded on the roll as well. This will provide evidence that these individuals are no longer considered members of the tribe, for reasons of their own preference or they no longer meet the tribal membership eligibility criteria for whatever reason. The Agency should be notified when individuals are deceased, relinquish or are disenrolled in order that an accurate and current record is maintained with the BIA.

c. Making corrections to the roll such as date of birth, names and address changes, and degree of Indian blood provided such corrections are supported by satisfactory evidence. The updated roll shall then be sent to the BIA for their records.

 

CERTIFICATION

We, the undersigned, as duly elected officers of the Cedarville Rancheria, do hereby certify that the foregoing Ordinance was enacted by the qualified members of the Cedarville Rancheria Community Council, Cedarville, CA at a duly called Community Council meeting at which a quorum was present on January 12, 1998 by a vote of 3 for, 0 against, and 0 abstaining, and that this Ordinance has not been rescinded or amended in any way.

APPROVED:___________________________________ DATE:_____________
                      Superintendent, Northern California Agency

CEDARVILLE RANCHERIA
200 South Howard St.
Alturas, CA 96101
(530) 233-3969 (530) 233-4776 (fax)

ENROLLMENT APPLICATION

NAME: __________________________________________ DATE OF BIRTH:___________________
               LAST                         FIRST              MIDDLE

PLACE OF BIRTH:____________________________________________________________________
                                  CITY                                STATE            NAME OF HOSPITAL OF FACILITY

PRESENT ADDRESS:__________________________________________________________________
                                       BOX NUMBER             STREET                                 CITY                     STATE

SOCIAL SECURITY#:____________ MALE:__ FEMALE:__ PHONE:_________ TRIBE:____________

FATHER:____________________________ TRIBE:________________ ROLL NUMBER:___________

ADDRESS:_________________________________________ PHONE:___________________________

MOTHER:____________________________ TRIBE:________________ ROLL NUMBER:___________

ADDRESS:__________________________________________ PHONE:___________________________

SPOUSE:_________________ DATE OF BIRTH:_______ TRIBE:_________ ROLL NUMBER:_________

YOUR DEGREE OF CALIFORNIA INDIAN BLOOD:_____________________________________________

CALIFORNIA JUDGEMENT PAYMENT LETTER 1050 OR 1962: YES:__ NO:__ NUMBER:____________

I, THE UNDERSIGNED, AM A BONIFIDE CEDARVILLE RANCHERIA LINEAL INDIAN DESCENDANT, AND DESIRE ENROLLMENT WITH THE CEDARVILLE RANCHERIA TRIBE, AND HEREBY AGREE TO BE REPRESENTED BY OFFICIALS OF THE CEDARVILLE RANCHERIA COMMUNITY COUNCIL IN ANY AND ALL ACTIONS PROMOTING BEST INTERESTS OF THE TRIBE. IF IT IS DETERMINED THAT THE INFORMATION PROVIDED TO SUPPORT MY ENROLLMENT HAS BEEN FALSIFIED, I UNDERSTAND THAT IT WILL BE GROUNDS FOR BEING INELIGIBLE FOR ENROLLMENT OR DISENROLLMENT.

NOTE: PERSONS MUST BE 18 YEARS OR OVER TO ENROLL THEMSELVES.

_______________________________________________________________________
Signature                                                                                                Date

_______________________________________________________________________
Chairperson Signature                                                                            Date

CEDARVILLE RANCHERIA

ENROLLMENT APPLICATION TREE

UNITED STATES GOVERNMENT
memorandum

           /s/          

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