Lac Vieux Desert Band of Lake Superior Chippewa Indians Act
PL 100-420 (H.R.3679), enacted 09/08/1988

PUBLIC LAW 100-420—SEPT. 8, 1988 
102 STAT. 1577 
Public Law 100-420 
100th Congress 
An Act 
To clarify the Federal relationship to the Lac Vieux Defeert Band of Lake Superior 
Chippewa Indians as a distinct Indian tribe, to clarify the status of members of the 
band, to transfer title to trust lands, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the 
Superior Chippewa Indians Act". 
'Lac Vieux Desert Band of Lake 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) the Lac Vieux Desert Band of Lake Superior Chippewa 
Indians, although currently recognized by the Federal Govern-
ment as part of the Keweenaw Bay Indian Community, has 
historically existed, and continues to exist, as a separate and 
distinct Indian tribe that is located over 75 miles from the 
Keweenaw Bay Indian Community; 
(2) the Lac Vieux Desert Band consists of approximately 250 
members who continue to reside close to their ancestral home-
land 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 lim-
ited 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. 
SEC. 3. DEFINITIONS. 
For purposes of this Act— 
(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 5 in the Band; and 
(3) the term "Secretary" means the Secretary of the Interior. 
SEC. 4. 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, and all laws and 
rules of law of the United States of general application to Indians, 
Sept. 8, 1988 
[H.R. 3679] 
Lac Vieux 
Desert Band of 
Lake Superior 
Chippewa 
Indians Act. 
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note. 
25 u s e 1300h. 
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25 u s e 1300h-2. 
102 STAT. 1578 
PUBLIC LAW 100-420—SEPT. 8, 1988 
Records. 
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Indian tribes, or Indian reservations which are not inconsistent with 
this Act shall apply to the members of the Band, and the reserva-
tion. 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. 
SEC. 5. ESTABLISHMENT OF A BAND ROLL. 
(a) Within six months after the date of enactment of this Act, the 
Band shall submit to the Secretary, for approval, its base member-
ship roll which shall include only individuals who are not members 
of any other federally recognized Indian tribe or who have relin-
quished membership in such tribe and who are eligible for member-
ship under subsection (b). 
(b) 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 the date of enactment of this Act and is on file 
with the Bureau of Indian Affairs as of the date of enactment of 
this Act; 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) The Band shall ensure that the roll, once completed and 
approved, is maintained and kept current. 
(d)(1) Notwithstanding paragraph (b) of section 6 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 if such modification is adopted in the tribal election as 
prescribed under paragraph (a) of section 6 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. 
25 use 1300h-4. SEC. 6. ORGANIZATION OF TRIBE; CONSTITUTION AND GOVERNING BODY. 
(a) Within one year following the enactment of this Act, the 
Band's governing body shall propose a governing document, and the 
Secretary shall conduct, pursuant to section 16 of the Act of June 18, 
1934 (48 Stat. 984), 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 majority of the tribal voters unless the Secretary finds that the 
proposed constitution, or any provision thereof, is contrary to 
Federal law. 
(Jb) Until the Band adopts and the Secretary approves a governing 
document, the Band's interim governing document shall be the Lac 
Vieux Desert Constitution which bears the approval date of June 18, 
1986, and a copy of which is in the files of the Division of Tribal 
PUBLIC LAW 100-420—SEPT. 8, 1988 
102 STAT. 1579 
Government Services, Bureau of Indian Affairs, Washington, Dis-
trict of Columbia. 
(c) Until the Band elects a new governing body pursuant to the 
new governing document, the Band's governing body shall consist of 
its current Band officers, elected at the Band's election held on 
November 5, 1986, or any new officers selected under election 
procedures of the interim governing document identified under 
subsection (b) of this section. 
SEC. 7. LAND ACQUISITION; ESTABLISHMENT OF FEDERAL RESERVATION. 
(a) The Keweenaw Bay Indian Community is hereby authorized to 
convey, by deed to the United States in trust for the Band, all lands 
located in Gogebic County, Michigan, which, on the date of enact-
ment of this Act, are held in trust by the United States for the 
benefit of said community. The Secretary is hereby authorized and 
directed to approve and accept the deed with the expressed consent 
of the Keweenaw Bay Indian Community and the Band. Upon 
acceptance of the deed, all lands described therein shall constitute 
the reservation of the Band. 
Qo) The Secretary may place such other land into trust for the 
benefit of the Band pursuant to the provisions of the Act of June 18, 
1934 (48 Stat. 84), or any other Act: Provided, That any such land 
placed in trust which is located in Gogebic County, shall become 
part of the reservation. 
SEC. 8. DISTRIBUTION OF FUNDS. 
(a) For the purpose of proceeding with the per capita distribution 
of the funds appropriated and subsequently apportioned to the 
Keweenaw Bay Indian Community in satisfaction of judgments 
awarded the Lake Superior Chippewas and Mississippi Chippewas in 
dockets numbered 18-C, 18-T, 18-S, and 18-U of the Indian Claims 
Commission, the Secretary of the Interior shall accept the tribe's 
certification of enrolled membership. 
(b) Individuals who are or become members of the Lac Vieux 
Desert Band and who are eligible for per capita shares out of funds 
apportioned to the Keweenaw Bay Indian Community or Sokaogan 
Chippewa Community shall continue to be eligible for such per 
capita payments notwithstanding their relinquishment of their 
enrollment in either community pursuant to section 5 of this Act. 
SEC. 9. CONSTITUTIONAL AMENDMENT. 
Notwithstanding any other law or provision in the constitution of 
the Keweenaw Bay Indian Community, the Secretary shall call an 
election within 90 days of receipt of a resolution of the Keweenaw 
Bay Tribal Council requesting an election for the purpose of amend-
ing provisions of the constitution of the Keweenaw Bay Indian 
Community. 
SEC. 10. COMPLIANCE WITH BUDGET ACT. 
Notwithstanding any other provision of this Act, any spending 
authority provided under this Act shall be effective for any fiscal 
Michigan. 
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102 STAT. 1580 
PUBLIC LAW 100-420—SEPT. 8, 1988 
year only to such extent or in such amounts as are provided in 
advance in appropriation Acts. For purposes of this Act, the term 
"spending authority" has the meaning provided in section 401(c)(2) 
of the Congressional Budget and Impoundment Control Act of 1974, 
as amended. 
Approved September 8,1988. 
LEGISLATIVE HISTORY—H.R. 3679 (S. 1735): 
HOUSE REPORTS: No. 100-584 (Comm. on Interior and Insular Affairs). 
SENATE REPORTS: No. 100-414 accompanying S. 1735 (Select Comm. on Indian 
Affairs). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
May 2, considered and passed House. 
July 14, S. 1735 considered and passed Senate; proceedings vacated and H.R. 
3679, amended, passed in lieu. 
Aug. 10, House concurred in Senate amendment.