As used in this chapter, the following terms shall have the
meanings indicated:
An individual who lacks sufficient blood quantum to qualify
for inclusion on the official tribal roll, and who is a first- or
second-degree descendant of an enrolled Menominee tribal member, may
apply for inclusion on the Menominee Tribal Descendant Register. Any
application for inclusion may be submitted by the individual applicant.
With respect to minors, mental incompetents or other persons in need
of assistance, applications may be submitted by the individual applicant's
parent, next of kin, recognized guardian or other person responsible
for the care of the individual. In the case of a minor child, all
Menominee parents shall be notified of the application, except in
the case of adopted children where those adoption records are held
confidential.
The Committee shall provide a standard form to be completed
by applicants for inclusion in the descendant register. All applicants
shall use the prescribed form to apply for inclusion in the descendant
register.
All applicants for inclusion in the descendant register shall
pay a fee of $25 as an administrative processing fee. This fee may
be increased from time to time upon motion by the Menominee Tribal
Legislature.
The Committee shall advise each applicant, in writing, of the
disposition of his or her application for inclusion in the descendant
register. The Committee shall not deny an application for inclusion
without providing the applicant with a written explanation of why
inclusion was denied.
A. The Committee shall advise the successful applicant, in writing,
as to its decision to recommend the addition of his/her name to the
descendant register.
B. A copy of all documents entered into the record along with a finding
of facts and decision shall become part of a permanent file with the
enrollment office. If the successful applicant entered original records
and wishes to have them returned, the enrollment office shall make
copies and return the original records, noting in the file that the
original records were returned.
Individuals included in the descendant register do not possess
or receive the same rights as enrolled tribal members. Rights reserved
for enrolled tribal members are defined by the Menominee Tribal Constitution.
An individual placed on the descendant register may be eligible for
certain privileges as set forth by the Menominee Tribal Legislature.
In order to be eligible for any descendant privileges, an individual
must be placed on the descendant register through the procedure set
forth in this chapter.
No person who has relinquished his or her membership in the
Menominee Indian Tribe shall be eligible for inclusion in the Descendant
Register of the Menominee Indian Tribe for any purpose.
A person may be eligible for inclusion in the descendant register,
so long as that person has not relinquished enrollment in the Menominee
Indian Tribe.
The Committee shall have the authority to investigate suspected
errors in the descendant register, and where it deems appropriate
in view of the evidence, shall recommend changes in the register to
the Tribal Legislature.
The Committee shall conduct hearings pursuant to §
46-11 of this chapter. The burden of proof shall be on the applicant to show by clear and convincing evidence that he or she possesses the requisite amount of Menominee tribal blood to be placed on the Menominee Indian Tribe of Wisconsin Descendant Register.
Where references are made in any other tribal ordinances or
documents to the Ancillary Roll, "Ancillary Roll" shall now be deemed
to read "Descendant Register."