§ 1300h-3. — Establishment of a Band roll.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1300h-3]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER LXXIX--LAC VIEUX DESERT BAND OF LAKE SUPERIOR CHIPPEWA
INDIANS
Sec. 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.
(Pub. L. 100-420, Sec. 5, Sept. 8, 1988, 102 Stat. 1578; Pub. L. 104-
109, Sec. 18, Feb. 12, 1996, 110 Stat. 766.)
Amendments
1996--Subsec. (d)(2). Pub. L. 104-109 substituted ``requirement and
base roll if such modifications are'' for ``requirement if such
modification is''.
Section Referred to in Other Sections
This section is referred to in sections 1300h-1, 1300h-6 of this
title.
