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U.S. Code as of:
01/19/04
Section 1300h-3. Establishment of a Band roll
(a) Submission of membership roll
Within six months after September 8, 1988, the Band shall submit
to the Secretary, for approval, its base membership roll which
shall include only individuals who are not members of any other
federally recognized Indian tribe or who have relinquished
membership in such tribe and who are eligible for membership under
subsection (b) of this section.
(b) Eligibility
An individual is eligible for inclusion on the base membership
roll in the Band if that individual -
(1) is on the tribal membership roll as maintained by the Band
prior to September 8, 1988, and is on file with the Bureau of
Indian Affairs as of September 8, 1988; or
(2) is at least one-quarter Chippewa Indian blood and is a
person or a descendant of a person who was listed, or could have
been listed, on any of the census of the Lac Vieux Desert Band
prepared by the Superintendent of the MacKinaw Agency prior to
1928 or by the Superintendent of the Great Lakes agency on or
prior to 1940.
(c) Maintenance of roll
The Band shall ensure that the roll, once completed and approved,
is maintained and kept current.
(d) Future eligibility
(1) Notwithstanding paragraph (b) of section 1300h-4 of this
title and except as provided in paragraph (2), future membership in
the tribe shall be limited to descendants of individuals whose
names appear on the base roll and who have at least one-quarter
Chippewa blood quantum.
(2) The Band may modify such quarter Chippewa blood quantum
requirement and base roll if such modifications are adopted in the
tribal election as prescribed under paragraph (a) of section
1300h-4 of this title or in a referendum by a majority of the
voters and approved by the Secretary of the Interior. The Secretary
shall approve such new membership requirements once adopted by the
tribal voters unless he finds that the proposed amendment is
contrary to Federal law.
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