4.05.050 Enrollment eligibility – Evidence

4.05.050 Enrollment eligibility – Evidence.

(a) Eligibility for Enrollment. Any applicant for enrollment who is determined by the Enrollment Committee to meet the criteria for enrollment set forth in the Constitution of the Yurok Tribe.

(1) No person who exercised the lump sum buy-out option under 25 U.S.C. § 1300i-5(d) shall qualify for membership in the Yurok Tribe.

(2) The Yurok Tribe does not allow dual enrollment. No person who is a member of any other federally recognized Indian Tribe shall qualify for membership or remain in the Yurok Tribe unless he or she has relinquished in writing his or her membership in such other Tribe.

(3) No person who is a lineal descendant of a present or former member of another Tribe and who is without a parent enrolled with the Yurok Tribe shall qualify for membership in the Yurok Tribe.

(c) Burden of Proof. The burden of proof shall be upon the applicant to establish every element of his eligibility for enrollment under the Constitution of the Yurok Tribe and this chapter, unless otherwise specifically stated herein. Any matter to be proven under this chapter must be proven to the satisfaction of the Enrollment Committee or the Council by a preponderance of the evidence.

(d) Enrollment Evidence. Any relevant evidence may be considered. Acceptable evidence shall include, but not be limited to: certified copies of birth certificates; baptismal records; 1928, 1950, or 1968 applications for the roll of Indians of California; reservation census rolls; Bureau of Indian Affairs allotment or probate records; Indian Health Service records; hospital, clinic, or doctor’s records; school records; marriage licenses; records of state Bureau of Vital Statistics; historical society records; adoption agency records; results of blood tests; welfare certificates; military records; verified statements concerning paternity as defined under YTC 4.05.060(c); newspapers; Hoopa-Yurok settlement roll records; and court decisions of competent jurisdiction. [Ord. 1 § 5, adopted, 7/20/1994.]