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ARTICLE II - MEMBERSHIP

Constitution of The San Juan Southern Paiute Tribe
ARTICLE II - MEMBERSHIP
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Section 1. Requirements.  

The membership of the San Juan Southern Paiute Tribe shall consist of:

(a) All persons whose names appear on the official federal acknowledgement roll prepared in May 1984, and its supplements dated September 1985, October 1985, and December 1985.

(b) All persons who meet all of the following requirements:    

  1. born to a tribal member after May 1984;(
  2. at least one-fourth (1/4) degree Indian blood from a federally recognized tribe or tribes; and(
  3. applies for membership in the Tribe, in accordance with the applicable enrollment ordinance.

Section 2. Adoption into Membership.  

The Tribal Council shall have sole and exclusive discretionary authority to adopt other persons as members of the Tribe, Provided, That at least six (6) members of the Tribal Council vote in favor of the adoption and,  Provided, That all persons adopted into membership under this section shall meet at a minimum all of the following requirements:(a) at least one-eighth (1/8) degree Indian blood from a federally recognized tribe or tribes;(b) resident of the territory of the Tribe for at least three (3) continuous years; (c) is not a member of another tribe; and(d) applies for membership in the Tribe, in accordance with the applicable enrollment ordinance.

Section 3. Rights of Members.

 All persons accepted as members under Section 1, above, or adopted into membership under Section 2, above, shall have the same rights as tribal members in accordance with this constitution, Provided, That the Tribal Council may give preference to residents of the territory of the Tribe for available land, housing, benefits and services.

Section 4. Loss of Membership.

(a) All relinquishments of membership in the Tribe shall be done in writing in accordance with the procedures established by an enrollment ordinance.  The Tribal Council shall remove from the tribe’s membership roll the name of any person who voluntarily relinquishes his or her membership in the Tribe in accordance with such procedures.

(b) Any member of the Tribe who is or becomes a member of any other federally recognized Indian tribe, band or group shall be disenrolled by the Tribal Council in accordance with the procedures established by an enrollment ordinance.

Section 5. Reinstatement.  

Any person who relinquishes his or her membership in the Tribe, pursuant to Section 4(a), above, or who has been disenrolled from the Tribe pursuant to Section 4(b), above, shall be reinstated as a member of the Tribe by the Tribal Council if the person meets all of the following requirements:(a) at least five (5) years have passed since the date of their relinquishment or disenrollment;

(1) This five (5) year waiting period for reinstatement shall not apply to persons who were under the age of eighteen (18) at the time of their relinquishment or disenrollment.

(2) This five (5) year waiting period for reinstatement shall not apply to any person whose relinquishment or disenrollment occurred prior to the adoption of this constitution.

(b) provides adequate proof to the Tribal Council that he or she has given up his or her membership in any other federally recognized Indian Tribe, band or group; and

(c) applies for reinstatement as a member of the Tribe, in accordance with the applicable enrollment ordinance.

Section 6. Appeal.  

Any person whose application for enrollment or reinstatement is rejected or who has been disenrolled from the Tribe, shall have the right to appeal to the Tribal Court in accordance with the applicable enrollment ordinance, Provided, That the Tribal Court shall not have jurisdiction over adoptions of persons as tribal members under Section 2, above, unless there is a claim that the provisions of the constitution have been violated.

Section 7. Membership Roll.  

The Tribal Council shall maintain a membership roll of all current and former tribal members.

Section 8. Enrollment Ordinance.  

The Tribal Council shall enact an enrollment ordinance consistent with this constitution.‍

NOTICE and DISCLAIMER

This online version of the San Juan Southern Paiute Tribe Law & Order Code is maintained by the San Juan Southern Paiute Tribe. Pursuant to Tribal Council Resolution No. 2018-21, the Law & Order Code is to be posted and maintained on the Tribe’s website at all times and the Tribal Administration and General Counsel are responsible for posting newly enacted or amended laws to the Tribe’s website within thirty (30) days of their passages into law. If you have any questions regarding the version of the Code posted on this website or need to confirm that it is the most current version, please contact the Tribal Administration or the Tribe’s General Counsel.
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