a)
Eligibility for Membership. The membership of the Nottawaseppi Huron
Band of the Potawatomi shall consist of all persons meeting the following
criteria who:
1.
Is a lineal descendant of any person listed on the Taggart Roll of
1904; and
2.
Is the biological child of an enrolled member of the Nottawaseppi
Huron of the Potawatomi, whether that member is living or deceased,
provided that if the biological parent member is deceased, he/she
was a member of the Nottawaseppi Huron Band of the Potawatomi at the
time of his/her death; and
3.
Was born on or after January 1, 2019; and
4.
Is not more than 21 years of age as of the date his/her application
for enrollment is submitted; and
5.
Is not a member of any other Indian tribe of the United States or
Canada whether federally recognized or not.
b)
The Burden of proof for membership in the Band is on the applicant.
The Tribal Council shall not have the power to change or establish
additional substantive criteria for membership in addition to those
established in Section 1(a) of this Article.
a)
A membership and enrollment committee appointed by the Tribal Council
shall keep a current census of the Band.
b)
The Tribal Council shall have the power to temporarily suspend the
approval of new requests for enrollment when such action is determined
to be necessary to preserve the health, safety and welfare of the
Band.
a)
The Tribal Council shall have the power to enact statutes consistent
with this Article to govern the adoption of persons not meeting the
criteria described in Section 1(a) of this Article, provided that
such statutes require persons seeking membership by adoption to meet
the following minimum criteria.
1.
Must be eighteen (18) years of age or older at times he or she applies
for membership; or
2.
Is a minor child who has been legally adopted by a member of the
Nottawaseppi Huron Band of the Potawatomi;
3.
Is not a member of any other Indian tribe of the United States or
Canada whether federally recognized or not.
4.
The person is North American Indian who is at least one-quarter (1/4)
degree Indian blood quantum.
b)
The statute enacted by the Tribal Council shall provide that persons
meeting the above minimum criteria and any additional criteria prescribed
by the Tribal Council, upon written application for adoption into
the Band, shall become members by a majority vote of the members at
its annual General Membership meeting held in the month of April.
a)
Persons who become members of the Nottawaseppi Huron Band of the
Potawatomi through the adoption procedure set forth in Section 3 of
this Article, shall thereupon have the right to vote on matters pertaining
to the Band and shall enjoy all the rights and privileges of membership
subject to the following exceptions:
1.
Such persons shall be excluded from participating in any claims arising
out of treaties.
2.
Such persons shall be prohibited from serving on the Tribal Council,
and
3.
Children of adopted members, who do not trace to the Base Roll may,
upon reaching the age of eighteen (18), submit an application pursuant
to Section 3 of this article.
a)
Adult Tribal Members may relinquish their membership with the Band,
by signing and notarizing an approved relinquishment form obtained
from the tribal enrollment office.
b)
A parent or legal guardian may, in compliance with an enrollment
code, adopted by the Tribal Council, request relinquishment on behalf
of a minor or for a person deemed incompetent by a court of competent
jurisdiction.
a)
Persons may only be removed from the Membership Roll for the following
reasons:
1.
A Tribal Member who is found to have been erroneously or fraudulently
enrolled, or is an enrolled member of another Indian tribe, whether
federally recognized or not, or any other person who is found not
eligible for Tribal Membership pursuant to the tribe's membership
requirements contained in the Constitution of the Huron Band shall
be subject to disenrollment. A Tribal Member who has been convicted
of criminal treason in the Band's tribal court and all opportunities
to appeal such conviction have been exhausted, is subject to disenrollment.
b)
No person shall be disenrolled from the Band unless they are first
notified in writing of the reason(s) for their disenrollment, and
given not less than thirty (30) days after such notification to request
a hearing before the Tribal Court. The Tribal Court shall give such
person at least thirty (30) days' written notice before the hearing
on their case before the Tribal Court. The hearing shall be open unless
the person in question requests that the hearing be held in Closed
Session.
c)
Until disenrollment is final under applicable law, the individual
shall have all rights he/she is entitled to as a Tribal Member.
a)
Once removed from the Membership Roll, an individual shall not be
eligible to reapply for membership for a period of ten (10) years
from the official date of relinquishment or disenrollment.
b)
A minor whose membership had been relinquished by a parent or legal
guardian may reapply for membership upon reaching the age of eighteen
(18) and up until the age of thirty (30).
c)
An incompetent whose membership has been relinquished by his/her
parent or legal guardian may reapply for membership through an application
submitted by their parent or current legal guardian.
a)
The Tribal Council shall have the power to enact statutes consistent
with this Article to govern future membership, the loss of membership,
and membership appeals.
