Cedarville Rancheria Ordinances
Last amended: 2003
ENROLLMENT ORDINANCE
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
| AFFIDAVIT: | A
written statement of fact signed by a person who swears it is true. |
| APPLICANT: | A
person who seeks to be enrolled in the Tribe and whose name is on
the enrollment application. |
| BASE ENROLLEE: | A
person whose name appears on the documents cited in the tribal Constitution
as the base roll. |
| BASE ROLL: | The
document cited in the tribal Constitution. This document may be
a census roll, annuity payment roll, allotment schedule or other
document that lists a person in a specific place and time. |
| BLOOD QUANTUM: | Degree
or amount of Indian ancestry (degree of Indian blood). |
| BURDEN OF PROOF: | The
duty to positively prove a fact (or set of facts) in dispute. In
enrollment, the membership applicant has the burden of proof in
demonstrating eligibility. In enrollment appeals, the appellant
has the burden of proof in showing that a decision was in error. |
| COLLATERAL RELATIVES: | Descendants
from the same ancestor, but not from one another (namely, aunts,
uncles, brothers, sisters, cousins, etc). |
| DESCENDANT: | When
used in enrollment, this term refers to lineal descendants. Lineal
descendants are the children of parents, who are children of their
parents. A person is considered a descendant of a member even if
a generation in between is not enrolled. Collateral relationship,
such as brothers, sisters, aunts, uncles, nieces, nephews, and cousins,
are not considered lineal descendants. |
| DESCENT-DESCENDANCY: |
Derivation
from an ancestor; birth, lineage. |
| DISENROLLMENT: | An
affirmative action by the tribe to deprive a member of the right
to tribal membership. |
| DOCUMENTATION: | The
supplying of legal evidence to support a statement of fact. No enrollment
action should be taken without documentation to support the decision. |
| DUAL ENROLLMENT: | Membership
in more than one tribe. |
| DUE PROCESS OF LAW: | A
course of legal proceedings according to the rules and principles
established for the protection of individual rights. The fundamental
requirements of due process are notice and an opportunity to be
heard. When a government (tribe or tribal organization) makes a
decision affecting the life, liberty, or property of an individual,
that government must provide an opportunity to the individual to
defend those rights, and in reaching a decision, that government
must not act unreasonably. |
| EQUAL PROTECTION OF THE LAW: | Legal
provisions assuring that each person within a government's jurisdiction
is subject to the same restrictions and has available the same protections
of his or her freedoms. It is not required that every person be
the same, but every person in the same situations must be treated
alike. One person cannot be denied a right that is granted to others
similar to him. |
| FAMILY TREE: | The
relationships or lines of descent through parental lines. A family
tree chart is used to trace and demonstrate ancestry. |
| GUARDIAN: | One
who has the care of a person or property of another. |
| MATRILINEAL: | Descent
or kinship through the mother or maternal line instead of the father
or paternal line. |
| PATRILINEAL: | Descent
or kinship through the father or paternal line instead of the mother
or maternal line. |
| PATERNITY AFFIDAVIT: | Notarized
document signed by the father of a child which states that he is
the father of that child that was born to parents that were not
legally married at the time of the child's birth. Paternity statements
issued by other members of the child's family are not recognized
for enrollment purposes. |
| RELINQUISHMENT: | Personal
action by a tribal member to sever his tribal relationship. Relinquishment
can be absolute or conditional upon acceptance as a member of another
tribe. It must be in writing and is effective upon receipt by the
tribal governing body (or when stated conditions are met). The tribe
cannot refuse relinquishment unless enrollee is legally incompetent. |
| SEGREGATED BLOOD: | A
blood degree that separates and lists different kinds of tribal
blood apart from one another. |
| TRIBAL MEMBER: | Individual
who meets the membership requirements specified by the tribe in
its Constitution or other organizational document. In the absence
of such document, requirements may be specified in an enrollment
ordinance enacted by the tribal members in general council and approved
by the Secretary of the Interior. |
| RESOLUTION: | A
formal statement by a governing body of a decision to do something. |
| ORDINANCE: | A
law that establishes how to do something and regulates rights. An
enrollment ordinance sets up procedures by which membership decisions
are made. |
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.
SECTION II
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.
| /s/ 2-15-00 | |
| Chairperson, Cedarville Rancheria, date | |
| Attest: | |
| /s/ 2-9-00 | |
| Secretary/Treasurer date |
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:___________________________
| PATERNAL PARENTS: | 1)_______________________ | TRIBE:________________ | ROLL NUMBER:_________ |
| 2)_______________________ | TRIBE:________________ | ROLL NUMBER:_________ | |
| MATERNAL PARENTS: | 1)_______________________ | TRIBE:________________ | ROLL NUMBER:_________ |
| 2)_______________________ | TRIBE:________________ | ROLL NUMBER:_________ |
SPOUSE:_________________ DATE OF BIRTH:_______ TRIBE:_________ ROLL NUMBER:_________
| NAME OF CHILDREN: | 1)________________ | DATE OF BIRTH:____________ | TRIBE:____________ |
| 2)________________ | DATE OF BIRTH:____________ | TRIBE:____________ | |
| 3)________________ | DATE OF BIRTH:____________ | TRIBE:____________ | |
| 4)________________ | DATE OF BIRTH:____________ | TRIBE:____________ |
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
|
|
_____________
Tribe/Blood Degree_____ DOB__________ |
__________ __________ |
||
|
_____________
Tribe/Blood Degree_____ DOB__________ |
||||
|
_____________
Tribe/Blood Degree_____ DOB__________ |
__________ __________ |
|||
| FATHER
DOB_________ Tribe/blood Degree____ Tribe/blood Degree____ Tribe/blood Degree____ |
||||
|
_____________
Tribe/Blood Degree_____ DOB__________ |
__________ __________ |
|||
|
_____________
Tribe/Blood Degree_____ DOB__________ |
||||
|
|
_____________
Tribe/Blood Degree_____ DOB__________ |
___________ G.G. GRANDFATHER __________ |
||
| APPLICANT ___________ |
||||
|
_____________
Tribe/Blood Degree_____ DOB__________ |
__________ __________ |
|||
|
_____________
Tribe/Blood Degree_____ DOB__________ |
||||
|
_____________
Tribe/Blood Degree_____ DOB__________ |
__________ __________ |
|||
| MOTHER DOB_________ Tribe/blood Degree ____ Tribe/blood Degree____ Tribe/blood Degree ____ |
||||
|
_____________
Tribe/Blood Degree_____ DOB__________ |
__________ __________ |
|||
|
_____________
Tribe/Blood Degree_____ DOB__________ |
||||
|
|
_____________
Tribe/Blood Degree_____ DOB__________ |
___________ G.G. GRANDFATHER __________ |
UNITED STATES GOVERNMENT
memorandum
| Date: |
Jan.
11, 2001 [stamped] |
| Reply to Attn of: |
Acting
Regional Director, Pacific Regional Office |
| Subject: |
Cedarville
Rancheria Proposed Enrollment Ordinance |
| To: |
Superintendent,
Northern California Agency |
| We are in receipt of your December 1, 2000 memoranda transmitting the revised Enrollment application form, which is a part of the Enrollment Ordinance. Under the authority redelegated by the Assistant Secretary of Indian Affairs in 209 DM 8 and 230 DM 3, redelegated as of 1987, and pursuant to the Cedarville Rancheria Constitution and Bylaws, Article III-Membership Sec. 3., the foregoing Enrollment Ordinance is hereby approved. Please inform the Tribe by separate cover. |
/s/