MCT CONSTITUTION AND REVISED CONSTITUTION, ENROLLMENTS/MEMBERSHIP

Summarized by Vivian LaMoore, Inaajimowin Editor

EDITOR'S NOTE: These are the opinions and views of the Mille Lacs Band Delegate Committee only and do not represent the views of the Mille Lacs Band of Ojibwe. The report may not be cited as a statement of the Mille Lacs Band of Ojibwe's position or viewpoint on any matter discussed within the report or summary. The Non-Removable Mille Lacs Band Constitution Re-form Delegation Committee released a report on the organization known as the Minnesota Chippewa Tribe and its Constitution. The committee is providing the Mille Lacs Band members a review of this report, which will be broken into sections over the next few months.

The Non-Removable Mille Lacs Band Constitution Re-form Delegation Committee (Committee) researched the Minnesota Chippewa Tribe Constitution and the Revised Minnesota Chippewa Tribe Constitution. The original MCT Constitution was adopted in a referendum vote held on June 20, 1936, and approved by the Secretary of the Interior on July 24, 1936, under the authority granted in the 1934 Indian Reorganization Act. Under an order approved September 12, 1963, by the Assistant Secretary of the Interior, the Revised Constitution and Bylaws of the Minnesota Chippewa Tribe was submitted for ratification to the qualified voters of the reservations, not the entire membership, and was duly adopted on November 23, 1963, per Section 16 of the Indian Reorganization Act.

The Committee began its approach with No. 1 Rule, “words matter” focusing on words such as tribe, treaty, organization, and under existing law, to name a few, and recognized many inconsistencies with the meaning of words and their intended meaning within the document.

The Committee spent a lot of time reading and reviewing MCT Constitution Article II concerning Enrollments and Membership. They had multiple legal guidelines and requirements to take into consideration when evaluating this complex Article.

COMMITTEE’S PRELIMINARY ANALYSIS:

Under the IRA category one, “The term ‘Indian’ as used in this Act shall include all persons of Indian descent who are members of any recognized Indian tribe ‘now under Federal jurisdiction.’” The Committee surmised persons of Indian descent who comprise the Non-Removable Mille Lacs Band of Chippewa Indians were “Indians” because they were “under Federal jurisdiction” as required by Category One of Article II, who were members of the MCT.

There were no Indians who met the IRA Category One criteria of the MCT. Consequently, there were no MCT Indians who could meet the requirements of Category One under the IRA.

The Non-Removable Mille Lacs Band was recognized because the Band was at the time “under Federal jurisdiction” and receiving services from the Indian Service (BIA). Further, Mille Lacs Band was not a member of the MCT on June 18, 1934, and didn’t become a member until July 24, 1936.

Category Two states “...all persons who are descendants of such members who were, on June 1, 1934, residing within the present boundaries of any Indian reservation.”

On June 1, 1934, it was clear that MCT had no “members” who could have qualified as being descendants of such members. Furthermore, you had to have resided within the boundaries of any Indian reservation to qualify. There is no MCT reservation and never was one.

All persons who were then descendants of the Non-removable Mille Lacs Band of Chippewa Indians members on June 1, 1934, who resided within the boundary of the Mille Lacs Band Reservation qualify as an Indian under Category Two.

Category Three states “...and shall further include all other persons of one-half or more Indian blood.” The Committee’s preliminary analysis states the words “and shall further include” carry forward the requirements of a “member” from Category One and “descendants of such members” in Category Two into the “one-half or more Indian blood” in Category Three. Because an MCT member does not qualify under Category One and Two, no one can satisfy the Category Three requirement.

However, because “members” of the Non-removable Mille Lacs Band of Chippewa Indians and their descendants qualify as “Indian under Category One and Category Two,” a Mille Lacs Band member who is one-half Indian blood or more would be eligible under Category Three.

But, the Committee pointed out, the Non-removable Mille Lacs Band did exist and was then “under Federal jurisdiction.” This complex issue of enrollments and membership will be further summarized in the next issue of the Inaajimowin. All Band members are encouraged to participate in the Delegate’s Educational Zoom meetings. Please see the information below.

DELEGATE'S EDUCATIONAL ZOOM

The Mille Lacs Band of Ojibwe Delegates have previously shared their Analysis Report and have begun to create educational videos. The Delegates are excited to announce beginning on September 25 they will be hosting community Zoom meetings every other Wednesday evening from 6 to 8 p.m. to share information and gain participation from those who work during the day. The Delegates will also have a designated Mille Lacs Band of Ojibwe Delegate Facebook page, and will also use the text alert system to remind everyone of their community education efforts.

The Delegates wish to thank each District Representative for supporting the participation at community meetings whether presenting or having an education table.

The Delegate Educational Zoom Meetings are every other Wednesday from 6 to 8 pm starting on September 25 through December 18, 2024.

Link: https://tinyurl.com/bdh6vp8y Zoom Meeting ID 817 6645 1255 Passcode 882230

We look forward to seeing you, your participation is encouraged, and your input is valuable. The delegates carry the voice of the communities. Miigwech.