Legislative Act 16-02
AN ACT AMENDING THE CHEROKEE NATION MEMBERSHIP ACT TO MAKE TECHNICAL
CORRECTIONS AND TO ESTABLISH RULES AND PROCEDURES APPLICABLE TO THE
RE-ENROLLMENT OF PERSONS
WHO RELINQUISH THEIR TRIBAL CITIZENSHIP, AND DECLARING AN EMERGENCY
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title.
This Act shall be known as the Tribal Citizenship Relinquishment and
Technical Amendments Act of 2002.
Section 2. Purpose.
The purpose of this Act is to make certain technical and substantive
amendments to the Cherokee Nation Membership Act, L.A. 6-92, as amended
by L.A. 2-93 (11 CNCA §§ 1, et sec.), including amendments
establishing rules and procedures applicable to the re-enrollment of
certain persons who have relinquished their Tribal citizenship; and to
declare an emergency.
Section 3. Findings.
The Tribal Council of the Cherokee Nation makes the following findings:
A. Prior to the adoption of
this Act, Cherokee Nation Tribal citizens have been permitted to
relinquish their Tribal citizenship and then re-enroll at any time. As
a consequence, some persons have engaged in the abusive practice of
relinquishing their Tribal citizenship in order to gamer the benefits
of services or programs offered by another Indian tribe, and then
re-enrolling as citizens of Cherokee Nation in order to obtain the
benefits of services or programs offered by the Nation.
B. A system of laws
that allows the practice of frequent "switching" of citizenship between
or among two or more Indian tribes, simply in order to obtain multiple
financial and other benefits, leads to an inequitable distribution of
services among citizens of the Cherokee Nation and other Indian people,
creates the possibility of duplicative Tribal and federal services,
imposes undue burdens and administrative costs on the Nation and the
office of the Registrar, and undermines the traditional cultural and
political values of all Cherokees.
C. It is in the
best interest of the Nation to adopt provisions of law that discourage
the practice of repeatedly "switching" tribal affiliation in order to
obtain multiple and potentially duplicative benefits from Tribal and
Section 4. Amendments to Cherokee Nation Membership
A. Section 1 of the Cherokee Nation
Membership Act (11 CNCA §§le; seq.) is hereby amended to read
in full as follows:
enactment shall be known as the "Cherokee Nation
C. "Base Roll" means a specific
list of individuals used for determining tribal membership. One must
prove back directly to an individual who is listed by blood on a base
roll. The base roll as used herein means those final rolls otherwise
known as the Dawes Commission Rolls or the Final Rolls. The Final Rolls
were closed in 1907. Those Final Rolls by blood used for
membership purposes are (1) Cherokees by Blood, (2) Cherokee Minors by
Blood, and (3) Delaware Cherokees. and (4) Shawnee Cherokees.
D. "Certificate of Degree of Indian
Blood" is means the official document issued by the Bureau of Indian
Affairs (BIA) stating a person's degree of Indian blood. The CDIB is an
acceptable document used to meet the necessary
evidence requirements. The
CDIB is not an enrollment/(Member
All the rest has to do with relinquishment and re-enrolling etc.
Enacted by the Council of the Cherokee Nation on the 13th
day May, 2002.