[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4232 Introduced in House (IH)]
103d CONGRESS
2d Session
H. R. 4232
To reaffirm and clarify the Federal relationship of the Burt Lake Band
as a distinct federally recognized Indian Tribe, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 14, 1994
Mr. Stupak introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To reaffirm and clarify the Federal relationship of the Burt Lake Band
as a distinct federally recognized Indian Tribe, 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 ``Burt Lake Band of Ottawa and
Chippewa Indians Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Burt Lake Band of Ottawa and Chippewa Indians are
descendants and political successors to the signatories of the
1836 Treaty of Washington and the 1855 Treaty of Detroit.
(2) The Grand Traverse Band of Ottawa and Chippewa Indians,
the Sault Ste. Marie Tribe of Chippewa Indians, and the Bay
Mills Band of Chippewa Indians, whose members are also
descendants of the signatories to the 1836 Treaty of Washington
and the 1855 Treaty of Detroit, have been recognized by the
Federal Government as distinct Indian tribes.
(3) The Burt Lake Band of Ottawa and Chippewa Indians
consists of over 600 eligible members who continue to reside
close to their ancestral homeland as recognized in the
Cheboygan Reservation in the 1836 Treaty of Washington and 1855
Treaty of Detroit, which area is now known as Cheboygan County,
Michigan.
(4) The Band continues its political and social existence
with a viable tribal government. The Band, along with other
Michigan Odawa/Ottawa groups, including the tribes described in
paragraph (2), formed the Northern Michigan Ottawa Association
in 1948. The Association subsequently pursued a successful land
claim with the Indian Claims Commission.
(5) Between 1948 and 1975, the Band carried out many of
their governmental functions through the Northern Michigan
Ottawa Association, while retaining individual Band control
over local decisions.
(6) In 1975, the Northern Michigan Ottawa Association
petitioned under the Act of June 18, 1934 (25 U.S.C. 461 et
seq.; commonly referred to as the ``Indian Reorganization
Act''), to form a government on behalf of the Band. Again, in
spite of the Band's eligibility, the Bureau of Indian Affairs
failed to act.
(7) The United States Government, the government of the
State of Michigan, and local governments have had continuous
dealings with the recognized political leaders of the Band from
1836 to the present.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) the term ``Band'' means the Burt Lake Band of Ottawa
and Chippewa Indians;
(2) the term ``member'' means those individuals enrolled in
the Band pursuant to section 7; and
(3) the term ``Secretary'' means the Secretary of the
Interior.
SEC. 4. FEDERAL RECOGNITION.
(a) Federal Recognition.--Federal recognition of the Burt Lake Band
of Ottawa and Chippewa Indians is hereby reaffirmed. All laws and
regulations of the United States of general application to Indians or
nations, tribes, or bands of Indians, including the Act of June 18,
1934 (25 U.S.C. 461 et seq., commonly referred to as the ``Indian
Reorganization Act''), which are inconsistent with any specific
provision of this Act shall not be applicable to the Band and its
members.
(b) Federal Services and Benefits.--
(1) In general.--The Band and its members shall be eligible
for all services and benefits provided by the Federal
Government to Indians because of their status as federally
recognized Indians, and notwithstanding any other provision of
law, such services and benefits shall be provided after the
date of the enactment of this Act to the Band and its members
without regard to the existence of a reservation or the
location of the residence of any member on or near any Indian
reservation.
(2) Service areas.--For purposes of the delivery of Federal
services to the enrolled members of the Band, the area of the
State of Michigan within 70 miles of the boundaries of the
reservation for the Burt Lake Band as set out in Article I,
paragraph ``seventh'' of the Treaty of 1855 (11 Stat. 621),
shall be deemed to be within or near a reservation,
notwithstanding the establishment of a reservation for the
tribe after the date of the enactment of this Act. Services may
be provided to members outside the named service area unless
prohibited by law or regulation.
SEC. 5. REAFFIRMATION OF RIGHTS.
(a) In General.--All rights and privileges of the Band and its
members, which may have been abrogated or diminished before the date of
the enactment of this Act are hereby reaffirmed.
(b) Existing Rights of Tribe.--Nothing in this Act shall be
construed to diminish any right or privilege of the Band or of its
members that existed before the date of the enactment of this Act.
Except as otherwise specifically provided in any other provision of
this Act, nothing in this Act shall be construed as altering or
affecting any legal or equitable claim the Band may have to enforce any
right or privilege reserved by or granted to the Band which was
wrongfully denied to or taken from the Band before the enactment of
this Act.
SEC. 6. TRIBAL LANDS.
The Band's tribal lands shall consist of all real property, now or
hereafter held by, or in trust for, the Band. The Secretary shall
acquire real property for the Band. Any such property shall be taken by
the Secretary in the name of the United States in trust for the benefit
of the Band and shall become part of the Band's reservation.
SEC. 7. MEMBERSHIP.
Not later than 18 months after the date of the enactment of this
Act, the Band shall submit to the Secretary a membership roll
consisting of all individuals currently enrolled for membership in the
Band. The qualifications for inclusion on the membership roll of the
Band shall be determined by the membership clauses in the Band's
governing document, in consultation with the Secretary. Upon completion
of the roll, the Secretary shall immediately publish notice of such in
the Federal Register. The Band shall ensure that such roll is
maintained and kept current.
SEC. 8. CONSTITUTION AND GOVERNING BODY.
(a) Constitution.--
(1) Adoption.--Not later than 24 months after the date of
the enactment of this Act, the Secretary shall conduct by
secret ballot elections for the purpose of adopting a new
constitution for the Band. The elections shall be held
according to the procedures applicable to elections under
section 16 of the Act of June 18, 1934 (25 U.S.C. 476; commonly
referred to as the ``Indian Reorganization Act'').
(2) Interim governing documents.--Until such time as a new
constitution is adopted under paragraph (1), the governing
documents in effect on the date of the enactment of this Act
shall be the interim governing documents for the Band.
(b) Officials.--
(1) Elections.--Not later than 6 months after the Band
adopts their constitution and bylaws pursuant to subsection
(a), the Band shall conduct elections by secret ballot for the
purpose of electing officials for the Band as provided in the
Band's governing constitution. The elections shall be conducted
according to the procedures described in the Band's
constitution and bylaws.
(2) Interim governments.--Until such time as the Band
elects new officials pursuant to paragraph (1), the Band's
governing bodies shall be those bodies in place on the date of
the enactment of this Act, or any new governing bodies selected
under the election procedures specified in the respective
interim governing documents of the Band.
<all>