[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1066 Reported in House (RH)]
Union Calendar No. 339
103d CONGRESS
2d Session
S. 1066
[Report No. 103-620]
_______________________________________________________________________
AN ACT
To restore Federal services to the Pokagon Band of Potawatomi Indians.
_______________________________________________________________________
July 25, 1994
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
Union Calendar No. 339
103d CONGRESS
2d Session
S. 1066
[Report No. 103-620]
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 14, 1994
Referred to the Committee on Natural Resources
July 25, 1994
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
_______________________________________________________________________
AN ACT
To restore Federal services to the Pokagon Band of Potawatomi Indians.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FINDINGS.
The Congress finds the following:
(1) The Pokagon Band of Potawatomi Indians is the
descendant of, and political successor to, the signatories of
the Treaty of Greenville 1795 (7 Stat. 49); the Treaty of
Grouseland 1805 (7 Stat. 91); the Treaty of Spring Wells 1815
(7 Stat. 131); the Treaty of the Rapids of the Miami of Lake
Erie 1817 (7 Stat. 160); the Treaty of St. Mary's 1818 (7 Stat.
185); the Treaty of Chicago 1821 (7 Stat. 218); the Treaty of
the Mississinewa on the Wabash 1826 (7 Stat. 295); the Treaty
of St. Joseph 1827 (7 Stat. 305); the Treaty of St. Joseph 1828
(7 Stat. 317); the Treaty of Tippecanoe River 1832 (7 Stat.
399); and the Treaty of Chicago 1833 (7 Stat. 431).
(2) In the Treaty of Chicago 1833, the Pokagon Band of
Potawatomi Indians was the only band that negotiated a right to
remain in Michigan. The other Potawatomi bands relinquished all
lands in Michigan and were required to move to Kansas or Iowa.
(3) Two of the Potawatomi bands later returned to the Great
Lakes area, the Forest County Potawatomi of Wisconsin and the
Hannahville Indian Community of Michigan.
(4) The Hannahville Indian Community of Michigan, the
Forest County Potawatomi Community of Wisconsin, the Prairie
Band of Potawatomi Indians of Kansas, and the Citizen Band
Potawatomi Indian Tribe of Oklahoma, whose members are also
descendants of the signatories to one or more of the
aforementioned treaties, have been recognized by the Federal
Government as Indian tribes eligible to receive services from
the Secretary of the Interior.
(5) Beginning in 1935, the Pokagon Band of Potawatomi
Indians petitioned for reorganization and assistance pursuant
to the Act of June 18, 1934 (25 U.S.C. 461 et seq., commonly
referred to as the ``Indian Reorganization Act''). Because of
the financial condition of the Federal Government during the
Great Depression it relied upon the State of Michigan to
provide services to the Pokagon Band. Other Potawatomi bands,
including the Forest County Potawatomi and the Hannahville
Indian Community were provided services pursuant to the Indian
Reorganization Act.
(6) Agents of the Federal Government in 1939 made an
administrative decision not to provide services or extend the
benefits of the Indian Reorganization Act to any Indian tribes
in Michigan's lower peninsula.
(7) Tribes elsewhere, including the Hannahville Indian
Community in Michigan's upper peninsula, received services from
the Federal Government and were extended the benefits of the
Indian Reorganization Act.
(8) The Pokagon Band of Potawatomi Indians consists of at
least 1,500 members who continue to reside close to their
ancestral homeland in the St. Joseph River Valley in
southwestern Michigan and northern Indiana.
(9) In spite of the denial of the right to organize under
the Indian Reorganization Act, the Pokagon Band has continued
to carry out its governmental functions through a Business
Committee and Tribal Council from treaty times until today.
(10) 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
1795 until the present.
SEC. 2. FEDERAL RECOGNITION.
Federal recognition of the Pokagon Band of Potawatomi Indians is
hereby affirmed. Except as otherwise provided in this Act, all Federal
laws of general application to Indians and Indian tribes, including the
Act of June 18, 1934 (25 U.S.C. 461 et seq.; commonly referred to as
the ``Indian Reorganization Act''), shall apply with respect to the
Band and its members.
SEC. 3. SERVICES.
Notwithstanding any other provision of law, the Band and its
members shall be eligible, on and after the date of the enactment of
this Act, for all Federal services and benefits furnished to federally
recognized Indian tribes without regard to the existence of a
reservation for the Band or the location of the residence of any member
on or near an Indian reservation.
SEC. 4. TRIBAL MEMBERSHIP.
Not later than 18 months after the date of the enactment of this
Act, the Band shall submit to the Secretary membership rolls consisting
of all individuals eligible for membership in such Band. The
qualifications for inclusion on the membership rolls of the Band shall
be determined by the membership clauses in the Band's governing
documents, in consultation with the Secretary. Upon completion of the
rolls, the Secretary shall immediately publish notice of such in the
Federal Register. The Bands shall ensure that such rolls are maintained
and kept current.
SEC. 5. 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 and in accordance with the provisions of section
16 of the Act of June 18, 1934 (25 U.S.C. 476), an election to
adopt a constitution and bylaws for the Band.
(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 enactment of this Act shall
be the interim governing documents for the Band.
(b) Officials.--
(1) Election.--Not later than 6 months after the Band
adopts a constitution and bylaws pursuant to subsection (a),
the Secretary shall conduct elections by secret ballot for the
purpose of electing officials for the Band as provided in the
Band's constitution. The election shall be conducted according
to the procedures described in subsection (a), except to the
extent that such procedures conflict with the Band's
constitution.
(2) Interim government.--Until such time as the Band elects
new officials pursuant to paragraph (1), the Band's governing
body shall be the governing body in place on the date of the
enactment of this Act, or any new governing body selected under
the election procedures specified in the interim governing
documents of the Band.
SEC. 6. TRIBAL LANDS.
The Band's tribal land shall consist of all real property,
including the land upon which the Tribal Hall is situated, now or
hereafter held by, or in trust for, the Band. The Secretary shall
acquire real property for the Band. Any such real 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. SERVICE AREA.
The Band's service area shall consist of the Michigan counties of
Allegan, Berrien, Van Buren, and Cass and the Indiana counties of La
Porte, St. Joseph, Elkhart, Starke, Marshall, and Kosciusko.
SEC. 8. JURISDICTION.
The Band shall have jurisdiction to the full extent allowed by law
over all lands taken into trust for the benefit of the Band by the
Secretary. The Band shall exercise jurisdiction over all its members
who reside within the service area in matters pursuant to the Indian
Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.), as if the members
were residing upon a reservation as defined in that Act.
SEC. 9. DEFINITIONS.
For purposes of this Act--
(1) the term ``Band'' means the Pokagon Band of Potawatomi
Indians;
(2) the term ``member'' means those individuals eligible
for enrollment in the Band pursuant to section 4; and
(3) the term ``Secretary'' means the Secretary of the
Interior.
Passed the Senate June 10 (legislative day, June 7), 1994.
Attest:
MARTHA S. POPE,
Secretary.