Enrollment
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04. Enrollment
(a)Eligible Natives; finality of decision
The Secretary shall prepare within two years from December 18, 1971, a roll of all Natives who were born on or before, and who are living on, December 18, 1971. Any decision of the Secretary regarding eligibility for enrollment shall be final.
(b)Residence; order of priority in enrollment of Natives not permanent residents; regional family or hardship enrollment
The roll prepared by the Secretary shall show for each Native, among other things, the region and the village or other place in which he resided on the date of the 1970 census enumeration, and he shall be enrolled according to such residence. Except as provided in subsection (c), a Native eligible for enrollment who is not, when the roll is prepared, a permanent resident of one of the twelve regions established pursuant to section 1606(a) of this title shall be enrolled by the Secretary in one of the twelve regions, giving priority in the following order to—
(1)the region where the Native resided on the 1970 census date if he had resided there without substantial interruption for two or more years;
(2)the region where the Native previously resided for an aggregate of ten years or more;
(3)the region where the Native was born; and
(4)the region from which an ancestor of the Native came: [1]
The Secretary may enroll a Native in a different region when necessary to avoid enrolling members of the same family in different regions or otherwise avoid hardship.
(c)Election of enrollment in thirteenth region, if established, of Native nonresidents; dependent household members as bound
A Native eligible for enrollment who is eighteen years of age or older and is not a permanent resident of one of the twelve regions may, on the date he files an application for enrollment, elect to be enrolled in a thirteenth region for Natives who are non-residents of Alaska, if such region is established pursuant to section 1606(c) of this title. If such region is not established, he shall be enrolled as provided in subsection (b). His election shall apply to all dependent members of his household who are less than eighteen years of age, but shall not affect the enrollment of anyone else.
Analysis
Summary
In regards to enrollment:
(a) The Secretary is responsible for creating a roll of all eligible Natives who were living on December 18, 1971. The Secretary's decision on eligibility for enrollment is final.
(b) The roll will indicate the region and village where each Native resided on the date of the 1970 census. Natives who are not permanent residents of one of the twelve regions will be enrolled in one of the regions based on the following priorities: the region of residence on the 1970 census date, previous residence for a total of ten years or more, region of birth, or region of their ancestor's origin. The Secretary has the authority to make exceptions to avoid enrolling family members in different regions or to prevent hardships.
(c) Natives who are eighteen years or older and not permanent residents of one of the twelve regions can choose to be enrolled in a thirteenth region for non-resident Natives, if it is established. If this region is not established, they will be enrolled as provided in (b). This election applies to dependent household members under the age of eighteen but doesn't affect the enrollment of others.
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