§ 1300h–1 TITLE 25—INDIANS Page 380

side close to their ancestral homeland near

the town of Watersmeet, Michigan;

(3) the Lac Vieux Desert Band entered into

two treaties with the United States as a distinct tribal entity (7 Stat. 591, 10 Stat. 1109);

(4) members of the Lac Vieux Desert Band

currently reside on or otherwise occupy lands

within the Township of Watersmeet, Michigan,

which are held by the United States in trust

for the Keweenaw Bay Indian Community, and

currently receive limited Federal benefits

through the Keweenaw Bay Indian Community; and

(5) because of its distance from Keweenaw

Bay and the failure of the United States to

recognize the independent status of the tribe,

the Lac Vieux Desert Band and its members

receive only limited benefits to which the

tribe and its members are entitled.

(Pub. L. 100–420, §2, Sept. 8, 1988, 102 Stat. 1577.)

SHORT TITLE

Section 1 of Pub. L. 100–420 provided that: ‘‘This Act

[enacting this subchapter] may be cited as the ‘Lac

Vieux Desert Band of Lake Superior Chippewa Indians

Act’.’’

§ 1300h–1. Definitions

For purposes of this subchapter—

(1) the term ‘‘Band’’ means the Lac Vieux

Desert Band of Lake Superior Chippewa Indians;

(2) the term ‘‘member’’ means those individuals eligible for enrollment under section

1300h–3 of this title in the Band; and

(3) the term ‘‘Secretary’’ means the Secretary of the Interior.

(Pub. L. 100–420, §3, Sept. 8, 1988, 102 Stat. 1577.)

§ 1300h–2. Federal trust relationship

(a) The Federal recognition of the Band and

the trust relationship between the United States

and the Band is hereby reaffirmed. The Act of

June 18, 1934 (48 Stat. 984), as amended [25 U.S.C.

461 et seq.], and all laws and rules of law of the

United States of general application to Indians,

Indian tribes, or Indian reservations which are

not inconsistent with this subchapter shall

apply to the members of the Band, and the reservation. The Band is hereby recognized as an

independent tribal entity, separate from the

Keweenaw Bay Indian Community or any other

tribe.

(b) The Band and its members are eligible for

all special programs and services provided by

the United States to Indians because of their

status as Indians.

(Pub. L. 100–420, §4, Sept. 8, 1988, 102 Stat. 1577.)

REFERENCES IN TEXT

Act of June 18, 1934, referred to in subsec. (a), popularly known as the Indian Reorganization Act, is classified generally to subchapter V (§461 et seq.) of this

chapter. For complete classification of this Act to the

Code, see Short Title note set out under section 461 of

this title and Tables.

§ 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, §5, Sept. 8, 1988, 102 Stat. 1578;

Pub. L. 104–109, §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.

§ 1300h–4. Organization of tribe; constitution and

governing body

(a) Governing document

Within one year following September 8, 1988,

the Band’s governing body shall propose a governing document, and the Secretary shall conduct, pursuant to section 476 of this title, and in

accordance with applicable rules and regulations, an election as to the adoption of the proposed document. The Secretary shall approve

the governing document if approved by a major-