2000 ENROLLMENT ORDINANCE
TEXAS BAND OF CHOCTAW INDIANS
{PURPOSE OF ORDINANCE}
EO
§§ 1.1 Pursuant to Article § 2.1 of the constitution of the Texas Band of Choctaw Indians, this document does hereby establish an Enrollment Ordinance for the purposes of clarification of criteria and procedures for establishing that an applicant qualifies for enrollment as a Citizen by Blood of the Texas Band of Choctaw Indians. This enrollment ordinance shall be in effect during periods of open enrollment only. During non-enrollment periods refer to Article § 2.1-6 of the constitution of the Texas Band of Choctaw Indians.{CRITERIA FOR ENROLLMENT}
EO §§ 2.1
For the purposes of enrollment all applicants must prove lineal descent from Sally McCoy, also known as Sally Frazier and Sally Colbert, 1/2 Chickasaw Indian, or Margaret Thompson (nee McCoy) 3/4 Choctaw-Chickasaw Indian. With the exceptions of Sally Fanning (nee Doak) 1/2 Choctaw Indian, Samuel Jones (also known as Neshoba) 4/4 Choctaw Indian, Jeremiah Jones 1/2 Choctaw Indian, Woody Jones 1/2 Choctaw Indian, Ann Mangum (nee Jones) 1/4 Choctaw Indian, Isilla Mangum (nee Jones) 1/2 Choctaw Indian, Annie Thompson (nee Martin) 1/4 Cherokee Indian, Ruth Bean (nee Starr) 1/4 Cherokee Indian, Cornelius Benjamin Cooper 1/2 Cherokee Indian, George Washington Harnage 1/4 Cherokee Indian, Nancy Harnage (nee Mayfield) 1/8 Cherokee Indian, providing all descendants can prove continued community membership prior to 1975.EO §§ 2.2
Enrollment will be open for all qualified descendants from August 1, 2001 to July 1, 2002. Those applicants who submitted applications from July 1, 1999 to June 30, 2001 need not re-apply. Following the closure of the open enrollment period, only children born to enrollees after the closure date may be allowed to enroll. Priority of enrollment shall not apply to these children. Other periods of open enrollment shall be determined by the General Assembly and/or the Secretary of the Interior.EO §§ 2.3
Prioritization of enrollment will be practiced by the Choctaw Business Committee to insure compliance with Article § 2.2 & 2.4 of the constitution of the Texas Band of Choctaw Indians. "Refer to 25 CFR § 83.7 (b. 2-i & ii)" Prioritization in enrollment will occur in the following manner:EO §§ 2.3.a
First priority of enrollment shall be for Choctaws who are married to other Choctaws living in community settings in relation to other Choctaws (example: several families living within one section of land) in the Enumeration District of Justice Precinct 2, Smith County, Texas.EO §§ 2.3.b
Second priority of enrollment shall be for Choctaws who are married to other Choctaws living within seventeen (17) miles of Overton, Texas.EO §§ 2.3.c
The third priority of enrollment shall be for Choctaws living in community settings in relation to other Choctaws (example: several families living within one section of land) in the Enumeration District of Justice Precinct 2, Smith County, Texas.EO §§ 2.3.d
The fourth priority of enrollment shall be for Choctaws living in the Enumeration District of Justice Precinct 2, Smith County, Texas and who are married to other American Indians regardless of tribe.EO §§ 2.3.e
The sixth priority of enrollment shall be for Choctaws living in the Enumeration District of Justice Precinct 2, Smith County, Texas regardless of the ethnicity of their spouse.EO §§ 2.3.f
The fourth priority of enrollment shall be for Choctaws living within seventeen (17) miles of the town of Overton, TexasEO §§ 2.3.g
The fifth priority of enrollment shall be for Choctaws living in Texas.EO §§ 2.3.h
The sixth priority of enrollment shall be for all other Choctaw-Chickasaw descendants of Sally McCoy (also known as Sally Frazier and Sally Colbert).EO §§ 2.3.i
The seventh priority of enrollment shall be for all Choctaw descendants of the Doak, Jackson, Jones and/or Cherokee and/or Chickasaw descendants of individuals listed in EO §§ 2.1.EO §§ 2.4
At no time shall more than sixty (60%) percent of the enrolled members be living more than 20 miles from Overton, Texas.EO §§ 2.5
Any person so enrolled as a member of another American Indian Tribe shall not be allowed membership in of the Texas Band of Choctaw Indians.EO §§ 2.6
The minimum degree of Choctaw Indian blood requited for membership shall be 1/32.EO §§ 2.7
All Indian blood included in a calculation of the total blood quantum shall be designated as Texas Choctaw Indian blood.EO §§ 2.8
No person applying for membership shall be discriminated against based upon their race, ethnicity, religion, or political beliefs as long as all other criteria for proving Texas Choctaw ancestry are met.
{APPLICATION PROCESS}
EO §§ 3.1
All applicants seeking to be enrolled as citizens by blood of the Texas Band of Choctaw Indians must submit a completed application for membership (to the address listed on the top of the application) and family tree chart linking them to a Texas Choctaw Indian ancestor listed on the Texas Band of Choctaw Indians Ancestral List. Additionally, they must submit a certified state birth certificate along with other birth and death records linking them to the aforementioned ancestor. United States Census records may be used in combination with other sources such as, Dawes Commission testimony for inclusion on the final rolls of the Choctaw Nation, probate records or other records and/or affidavits acceptable to the Choctaw Business Committee.EO §§ 3.2
If an applicant possess a Certificate of Degree of Indian Blood (CDIB) card from the Department of the Interior, Bureau of Indian Affairs, they must submit a copy of such along with their application for enrollment.EO §§ 3.3
Following a review of the submitted data the applicant shall be sent a letter stating if they were accepted as a citizen by blood in the Texas Band of Choctaw Indians or if any deficiencies were present. If said deficiencies are present the application will be on hold for a minimum of one hundred twenty (120) days in order for the applicant to clear up any of the noted deficiencies. Following this period, the application will be returned to the applicant and the process will have to start over again. All data received on applications accepted shall become the property of the Texas Band of Choctaw Indians.EO §§ 3.4
All children of enrolled members or applicants for membership must submit a separate application in order to be recognized as a citizen by blood of the Texas Band of Choctaw Indians.EO §§ 3.5
Upon verification of submitted date and a positive determination of enrollment a "Certificate of Citizenship" and membership card shall be sent to the applicant. The "Certificate of Citizenship" shall list the descent from the applicants to a recognized Texas Choctaw ancestor(s) as well as list the recognized degree of Texas Choctaw Indian blood. The membership card shall consist of the enrollee's full name, degree of recognized Texas Choctaw Indian blood, roll number and date of birth. The Chairman of the Choctaw Business Committee shall sign the card.EO §§ 3.6
Any applicant who is determined to be a member of another American Indian Tribe shall be determined ineligible to enroll as a citizen by blood of the Texas Band of Choctaw Indians. If said applicant is eligible otherwise for inclusion as a citizen by blood in the Texas Band of Choctaw Indians, he/she shall be given ninety (90) days in which to elect the tribe/nation/band of which they desire to retain membership. If they fail to respond and/or do not select to be recognized as a citizen by blood of the Texas Band of Choctaw Indians, their application or status will be changed to inadmissible. Notifications of all actions shall be sent to the other tribe/nation/band regarding actions taken by the Choctaw Business Committee.{APPROVAL OF ENROLLMENT ORDINANCE}
EO §§ 4.1
This enrollment ordinance is designed to establish criteria for inclusion on the membership rolls as a citizen by blood of the Texas Band of Choctaw Indians. Its authority from the Choctaw Business Committee (granted by the General Assembly of December 23, 1925) in accordance with Article § 2.1-6 of the constitution of the Texas Band of Choctaw Indians. This document becoming effective on November 1, 2000.
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