We, the members of the Modoc Nation, formally known as the Modoc Tribe of Oklahoma, in order to establish a tribal organization, maintain the traditions of the Modoc Nation, promote the general welfare and exercise the powers or self-government, do hereby ordain and establish this constitution for the Modoc Nation pursuant to the Oklahoma Indian Welfare Act of June 26, 1936, (49 Stat. 1967) and Section 2 of the Act of May 25, 1978, (92 Stat. 246).
ARTICLE II· TRIBAL MEMBERSHIP
SECTION I. The membership of the Modoc Tribe of Oklahoma shall consist of the following persons, Provided, That they are citizens of the United States:
(a) All persons named on the 1878 Modoc Census of Subsistence and Ration as approved by the Acting Deputy Assistant Secretary -Indian Affairs on October 14, 1981. All persons named on that roll are hereby declared to be fullblood members of the tribe for the purpose of computing the degree of blood of their descendants.
(b) All direct lineal descendants of persons named on the 1878 Census designated as the base roll in Section I(a) above who did not return to Klamath, Oregon, pursuant to the Act of March 9, 1909, (35 Stat. 751), and the descendants of such Indians who otherwise meet the requirements adopted by the tribe.
(c) For purposes of identification and association, those individuals listed on the final roll of the members of the Klamath Tribe of Indians as published in the Federal Register of May IJ, 1955 (20 F.R. 3269), pursuant to Section 3 of the Act of August 13, 1954, (68 Stat. 718) shall be deemed members of the Modoc Tribe of Oklahoma Provided, That they meet the requirements In Section 1(b).
(d) Upon the approval of this amendment, persons, not already on the Modoc Roll, that arc enrolled with another Federally Recognized Tribe shall be ineligible for membership in the Modoc Tribe of Oklahoma . This Section shall be interpreted to prohibit dual tribal enrollment and membership transfers.
SECTION 2. The Modoc Tribal Council shall have the power to prescribe rules and regulations governing future membership, including adoptions, loss of membership and/or relinquishment.
SECTION 3. Any person who has been rejected for membership may file or have filed in his/her behalf an appeal to the Modoc Tribal Council whose decision shall be final.
SECTION 4. The Modoc Elected Council shall serve as the Enrollment Committee.