Pawnee Tribe of Oklahoma, Law and Order Code, Enrollment Statute

Pawnee Tribe of Oklahoma, Law and Order Code

Updated: 2005

Enrollment Statute of the Pawnee Nation of Oklahoma

(Revised January, 2000)

Section 1. Authority:

This Enrollment Statute is hereby enacted under the authority contained in and delegated by ARTICLE III - MEMBERSHIP OF THE PAWNEE NATION, Section 3 of the Constitution of the Pawnee Nation of Oklahoma.

Section 2. Purpose:

This Enrollment Statute provides for the maintenance of current membership rolls as defined by ARTICLE III - MEMBERSHIP OF THE TRIBE, SECTION 1. , And procedures by which future membership will be determined as defined in ARTICLE III - MEMBERSHIP OF THE TRIBE, (1937 Base Roll).

This Enrollment Statute recognizes the rights of review by the Nasharo Council of the Pawnee Nation of Oklahoma as delegated and provided for in ARTICLE IV - PAWNEE BUSINESS COUNCIL, Section 3, of the Constitution of the Pawnee Nation of Oklahoma. Said article reads as follows:

All acts regarding membership or Claims or Treaty Rights of the Pawnee Business Council shall be subject to review of the Nasharo Council in accordance with this Constitution.

Section 3. Definitions:

Membership - All persons enrolled with the Pawnee Nation of Oklahoma in accordance with this Statute and the Constitution of the Pawnee Nation, maintaining eligibility descent pursuant based on the official 1937 Base Roll.

Honorary Membership - The Pawnee Business Council may bestow an honorary membership to any person it considers to be worthy of such membership. This membership will entitle the person to the title "Honorary Member of the Pawnee Nation of Oklahoma" only, and will in no way qualify said member for any benefits, assets or voting rights of enrolled member of the Pawnee Nation.

Business Council - The Pawnee Business Council, the elected governing body of the Pawnee Nation of Oklahoma as established by Article IV of the Constitution of the Pawnee Nation of Oklahoma.

Constitution - The Constitution of the Pawnee Nation as adopted on July 4th, 1998.

Enrollment Committee - This committee will consist of three members of the Business Council and any number of other members of the Nasharo Council and/or members of the Pawnee Nation appointed by the Business Council. The chairperson of this committee will be responsible for reporting any or all information concerning enrollment/membership to the Business Council (and make this same information available to the Nasharo Council on request. The Enrollment Director and/or Enrollment Assistant, shall also accompany the Chairperson to Nasharo Council meetings).

Enrollment Assistant - The person (s) appointed or assigned by the Business Council having the responsibility of maintaining membership enrollment, correspondence, applications and other duties as may be assigned. The Enrollment Assistant will provide the Enrollment Committee such information and materials as may be needed for them to make decisions concerning enrollment and other matters as provided for in this Statute.

Application for Enrollment - The application for enrollment in the Pawnee Nation of Oklahoma will contain all information necessary for the Enrollment Committee to confirm an applicant's eligibility.

Dual Enrollment - The enrollment of a person in two or more federally recognized tribes or nations. The Pawnee Nation does not recognize Dual Enrollment. Persons who are found to be dually enrolled and refuse to give up their membership with other tribe(s) or nation (s) will be disenrolled.

Disenrollment - This is the official action taken by the Business Council to remove an individual's name from the membership roll. The grounds for disenrollment are stated in this statute. The burden of providing grounds for disenrollment is always on the tribe.

Relinquishment - The voluntary and official act of an individual to have his/her name removed from the Membership Rolls of the Pawnee Nation. This action can only be taken by the individual, not by the tribe. Acceptable proof of relinquishment may be a signed letter of relinquishment by the person requesting such act or a signed form letter designed by the tribe, available at the Enrollment Office.

Types of Relinquishments:

Absolute Relinquishment - Is requested when a person permanently gives up all rights of tribal membership. This becomes effective on the date the statement is received by the Pawnee Business Council.

Conditional Relinquishment - Is requested when a person relinquishing be removed from the tribal roll, only if/when accepted as a member of another tribe. This type relinquishment occurs when condition is met. If he/she is not accepted, the original membership in the Pawnee Nation stands unchanged. No paybacks on annuities or monies received from the Pawnee Nation will be required.

Section 4. Enrollment Procedures:

Application: Persons desiring to be considered for enrollment in the Pawnee Nation of Oklahoma must file an application for enrollment with the enrollment assistant. This application will list all information required of the applicant. The application form will be provided by the enrollment assistant and must be returned completed and accompanied with any documentation not limited to:

Applicant's original state-issued birth certificate
Family Tree Chart
Adoption documents
Notarized Paternity Affidavit signed by both mother and father of applicant
A DNA or genetic marker test (obtained at the applicant's sole expense) determining the probability that a specific tribal member is the natural parent of the applicant to be not less than 97% certainty,
Hospital Birth Record or

Any other information needed to determine eligibility. Any legal document must be original and certified true. The burden of proof lies on the applicant. Application forms may be obtained by oral or written request from:

Pawnee Nation of Oklahoma
Attn: Enrollment Assistant
P O Box 470
Pawnee, OK 74058 or
Telephone Area Code: 918-762-3621, Ext. 11 or 25

Original documents will be returned to applicant via certified mail receipt.

Non-Tribal Members: Where applicants are denied enrollment due to insufficient Pawnee Blood quantum, a Certificate Degree of Indian Blood Non-Tribal Member (CDIB) card will be issued to non-tribal member(s) for use in receiving services for school and medical purposes. A copy of the non-tribal member(s) birth certificate will be required and kept in the file of the descendant's enrollment file or enrolled members file for documentation and future use.

Minor or Incompetent Persons - Applications for minors (under age of 18) or incompetent persons may be filed by parents, legal guardians or legal agents of said persons.
Degree of Pawnee Indian Blood - The applicant will provide the names(s) of the direct Pawnee Ancestors the application is based on. The Enrollment Assistant will mathematically compute the applicants degree of Pawnee Indian blood using this information and past Pawnee Tribal rolls, if needed.
Degree of Indian Blood - The applicant will provide the degree of blood in other tribes, if known. Applicant will agree to give up any membership in other tribes upon acceptance of enrollment tin the Pawnee Nation. Failure to do so may result in disenrollment.
Adoption - This refers to person (s) who may be eligible for enrollment and have been adopted. The adopted person's eligibility is determined through his/her natural parents. Documentary evidence submitted to support an adopted child/person's application must show relationship to the natural parent(s) through whom eligibility is determined. All information concerning adopted persons will be treated as confidential and shall not be made available to any person including the applicant. This information will be made available to enrollment personnel on a "need-to-know" basis only. Information concerning acceptance/denial of application will be returned to the adopted parent or authorized legal guardian by certified mail.
Records - The enrollment assistant will maintain the records of all applications and applicable documentation regardless of the determination. (Records will be kept in locked file cabinets). Only the enrollment clerk and director as well as enrollment committee shall have access to enrollment records.
Processing of Applications: Upon the receipt of a completed and signed application, the enrollment assistant will compute the degree of Pawnee Indian Blood and assure the application package is complete. Application package will then be presented to the enrollment committee. The enrollment committee will review the information contained therein and make a recommendation for motion to include the applicants name on a resolution to the Pawnee Business Council for acceptance or rejection the application.
NOTIFICATION OF DUE PROCESS: The applicant will be notified in writing as to the disposition of their applications. Applicants who are denied enrollment will be informed as to the reason(s) for denial of enrollment and right of appeal. Applicants denied enrollment may appeal in writing to the Nasharo Council at the next scheduled quarterly meeting.
LOSS OF MEMBERSHIP: Disenrollment is the official action taken by the Pawnee Business Council to remove an individual's name from the membership roll. Grounds for such action are:

Any member found to be currently enrolled in another tribe who, refuses to relinquish membership with the other tribe,

Any person having been found to have been enrolled on the basis of false information or error.

Deceased Members - Date of death shall automatically be noted on the tribe's membership roll, provided that documentary evidence to the fact is confirmed by receipt of either:

Death Certificate
BIA Record
Mortuary Records
Hospital Records
Obituary Notice from newspaper
Social Security Notification from Internet