Laws: Cases and Codes : U.S. Code : Title 25 : Section 1300h-3


   
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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