Judges: James A. von der Heydt, United States District Judge.
The starting point for resolution of this case is Section 5(a) of the Act. 43 U.S.C. § 1604(a). That section provides:“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.”Pursuant to this statutory authorization the Secretary prepared a roll which was certified to Congress, but with the proviso that “it was subject to appeal decisions and other legal determinations.” Congress reopened the enrollment period for a period of one year in 1976. Those amendments and the regulations promulgated thereunder are considered at a later point in this memorandum.
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