6.01.070 Proof of Eligibility

(a) Any individual who demonstrates to the satisfaction of the Committee lineal descent from a tribal member whose name appears on the Basic Membership Roll, as provided in Art. II, of the Tribal Constitution, shall be eligible for recommendation for inclusion on an adoption ballot for purposes of enrollment into the Bad River Band of the Lake Superior Tribe of Chippewa Indians.

(b) The burden of proof rests upon the applicant to establish his or her eligibility for inclusion on an adoption ballot. Documentary evidence of eligibility includes but is not limited to birth certificates, death certificates, baptismal records, copies of probate findings, affidavits and records of the Bureau of Indian Affairs. The Committee shall determine the weight and sufficiency of any documentary evidence used to establish eligibility and may require the production of additional evidence if the Committee determines that the evidence submitted is insufficient to establish eligibility. If an applicant fails to respond to the Committee's request for additional evidence within thirty (30) days, the Committee may refuse to recommend that application for approval to the Tribal Council. In addition, where the Committee determines that the documentary evidence provided in support of an application for enrollment is insufficient to establish eligibility for enrollment, the Committee may require an evidentiary hearing on the issue of eligibility. The Enrollment Clerk shall inform the applicant of the need for an evidentiary hearing by written notice, which notice shall also inform the applicant of the date, time and location of the hearing. The applicant may request that the hearing be rescheduled; any such request must be made within two weeks of the applicant's receipt of the notice hearing. The applicant and all witnesses in support of the application for enrollment must appear in person at any such evidentiary hearing. All testimony given shall be sworn. The Committee shall determine the weight and sufficiency of all evidence offered by the applicant to establish eligibility for enrollment and require as evidence of lineal descent that the applicant submit to blood or Deoxyribonucleic acid [DNA] testing. DNA testing shall only recognized if performed at a bona fide laboratory employing current standards issued by either the "Technical Working Group on DNA Analysis Methods" [TWGDAM] associated with the "California Association of Criminalist Ad Hoc Committee on DNA Quality Assurance" or the "American Society of Crime Laboratory Directors" [ASCLD]. Applicants shall pay for any and all testing required. Submission of DNA evidence of lineal descent shall occur by the following manner and method:

(1) A DNA sample of a known living Bad River tribal member purported to be a blood relative shall be compared to that of the applicant using the Restriction Fragment Length Polymorphism [RFLP] method of DNA analysis. Compared subjects may be considered of the same lineal descent of a person appearing on the basic membership roll of the Bad River Tribe, if the compared DNA samples of the applicant and known member are of such similar genotype that the scientific community generally accepts the comparison to be so unique that the applicant is of the direct issue of the known member, i.e., either mother/father and child, or grandmother/grandfather and grandchild, etc. Comparisons which indicate that a known member is a collateral relative such as an aunt, uncle, brother or sister, etc., is not in and of itself evidence of lineal descent from a person appearing on the basic membership roll of the Bad River Tribe.

(2) In no case shall a known member be compelled to submit a DNA sample or be otherwise ordered to submit a sample under this ordinance.

(3) Notwithstanding DNA evidence submissions, all other requirements of this chapter shall be met when determining eligibility for membership.

(c) The applicant shall complete a family tree showing lineal descent from a member whose name appears on the Basic Membership Roll. If the applicant is unable to complete the family tree, the applicant may request the Enrollment Clerk to do so, in which case the applicant shall pay for the actual time and costs incurred by the Enrollment Clerk in completing the family tree. The applicant shall make advance payment of $25.00 with the Enrollment Clerk for the estimated total expenses of completing the family tree, prior to the Enrollment Clerk undertaking any work thereon. The Enrollment Clerk shall keep accurate contemporaneous time and expense records for all work undertaken on each family tree, and shall prepare a regular statement for the applicant thereon. Upon exhaustion of the initial payment, the Enrollment Clerk shall require an additional payment to continue work.

(d) Only originals or certified copies of documents submitted as proof of eligibility will be accepted as evidence by the Enrollment Office.

(e) The Enrollment Office shall retain all documents that are submitted, unless the applicant requests that the documents be returned to the applicant, in which event a copy of the submitted documents shall be retained by the Enrollment Office.

(f) The Tribe shall have sole ownership of all Tribal Membership documents retained by and in the custody of the Committee.

(g) Individuals of Indian blood of other tribes, and of no Indian blood, who claim lineal descendancy through a person who has been legally adopted by a lineal descendant, are not eligible for enrollment, except that individuals of Bad River Indian blood shall be eligible for adoption to membership under Article II, Section (4) of the Bad River Constitution.

(h) Each applicant shall be required to disclose whether he or she claims descendancy through any person who has been legally adopted. Applicants who so claim must indicate whether their biological descent is of Bad River Chippewa blood, blood of another tribe, or no Indian blood.