[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1357 Reported in Senate (RS)]
Calendar No. 425
103d CONGRESS
2d Session
S. 1357
[Report No. 103-260]
_______________________________________________________________________
A BILL
To reaffirm and clarify the Federal relationships of the Little
Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa
Indians as distinct federally recognized Indian tribes, and for other
purposes.
_______________________________________________________________________
May 16, 1994
Reported without amendment
Calendar No. 425
103d CONGRESS
2d Session
S. 1357
[Report No. 103-260]
To reaffirm and clarify the Federal relationships of the Little
Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa
Indians as distinct federally recognized Indian tribes, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 4 (legislative day, June 30), 1993
Mr. Levin (for himself and Mr. Riegle) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
May 16, 1994
Reported by Mr. Inouye, without amendment
_______________________________________________________________________
A BILL
To reaffirm and clarify the Federal relationships of the Little
Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa
Indians as distinct federally recognized Indian tribes, 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 ``Little Traverse Bay Bands of Odawa
Indians and the Little River Band of Ottawa Indians Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Little Traverse Bay Bands of Odawa Indians and the
Little River Band of Ottawa Indians are descendants of, and
political successors to, 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 Little Traverse Bay Bands of Odawa Indians consists
of at least 1,000 eligible members who continue to reside close
to their ancestral homeland as recognized in the Little
Traverse Reservation in the 1836 Treaty of Washington and 1855
Treaty of Detroit, which area is now known as Emmet and
Charlevoix Counties, Michigan.
(4) The Little River Band of Ottawa Indians consists of at
least 500 eligible members who continue to reside close to
their ancestral homeland as recognized in the Manistee
Reservation in the 1836 Treaty of Washington and reservation in
the 1855 Treaty of Detroit, which area is now known as Manistee
and Mason Counties, Michigan.
(5) The Bands filed for reorganization of their existing
tribal governments in 1935 under the Act of June 18, 1934 (25
U.S.C. et seq.; commonly referred to as the ``Indian
Reorganization Act''). Federal agents who visited the Bands,
including Commissioner of Indian Affairs, John Collier,
attested to the continued social and political existence of the
Bands and concluded that the Bands were eligible for
reorganization. Due to a lack of Federal appropriations to
implement the provisions of such Act, the Bands were denied the
opportunity to reorganize.
(6) In spite of such denial, the Bands continued their
political and social existence with viable tribal governments.
The Bands, 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.
(7) Between 1948 and 1975, the Bands carried out many of
their governmental functions through the Northern Michigan
Ottawa Association, while retaining individual Band control
over local decisions.
(8) 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 Bands. Again in
spite of the Bands' eligibility, the Bureau of Indian Affairs
failed to act on their request.
(9) 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 Bands
from 1836 to the present.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) the term ``Bands'' means the Little Traverse Bay Bands
of Odawa Indians and the Little River Band of Ottawa Indians;
(2) the term ``member'' means those individuals enrolled in
the Bands 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 Little
Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa
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
not inconsistent with any specific provision of this Act shall be
applicable to the Bands and their members.
(b) Federal Services and Benefits.--
(1) In general.--The Bands and their 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 Bands and their
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.--
(A) Little traverse bay bands.--For purposes of the
delivery of Federal services to the enrolled members of
the Little Traverse Bay Bands of Odawa Indians, the
area of the State of Michigan within 70 miles of the
boundaries of the reservations for the Little Traverse
Bay Bands as set out in Article I, paragraphs ``third''
and ``fourth'' 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 program
regulations.
(B) Little river band.--For purposes of the
delivery of Federal services to enrolled members of the
Little River Band of Ottawa Indians, the Counties of
Manistee, Mason, Wexford and Lake, in the State of
Michigan, 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 Counties unless prohibited by
law or program regulations.
SEC. 5. REAFFIRMATION OF RIGHTS.
(a) In General.--All rights and privileges of the Bands, and their
members thereof, 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 Bands, or of their
members, that existed prior to the date of 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 Bands might have to enforce
any right or privilege reserved by or granted to the Bands which were
wrongfully denied to or taken from the Bands prior to the enactment of
this Act.
SEC. 6. TRANSFER OF LAND FOR THE BENEFIT OF THE BANDS.
(a) Little Traverse Bay Bands.--The Secretary shall acquire real
property in Emmet and Charlevoix Counties for the benefit of the Little
Traverse Bay Bands. The Secretary shall also accept any real property
located in those Counties for the benefit of the Little Traverse Bay
Bands if conveyed or otherwise transferred to the Secretary, if at the
time of such acceptance, there are no adverse legal claims on such
property including outstanding liens, mortgages or taxes owed.
(b) Little River Band.--The Secretary shall acquire real property
in Manistee and Mason Counties for the benefit of the Little River
Band. The Secretary shall also accept any real property located in
those Counties for the benefit of the Little River Band if conveyed or
otherwise transferred to the Secretary, if at the time of such
acceptance, there are no adverse legal claims on such property
including outstanding liens, mortgages or taxes owed.
(c) Additional Lands.--The Secretary may accept any additional
acreage in each of the Bands' service area specified by section 4(b) of
this Act pursuant to his authority under the Act of June 18, 1934 (25
U.S.C. 461 et seq.; commonly referred to as the ``Indian Reorganization
Act'').
(d) Reservation.--Subject to the conditions imposed by this
section, the land acquired by or transferred to the Secretary under or
pursuant to this section shall be taken in the name of the United
States in trust for the Bands and shall be a part of the respective
Bands' reservation.
SEC. 7. MEMBERSHIP.
Not later than 18 months after the date of the enactment of this
Act, the Bands shall submit to the Secretary membership rolls
consisting of all individuals currently enrolled for membership in such
Bands. The qualifications for inclusion on the membership rolls of the
Bands shall be determined by the membership clauses in such Bands'
respective 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. 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 purposes of adopting new
constitutions for the Bands. 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 new
constitutions are 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 Bands.
(b) Officials.--
(1) Election.--Not later than 6 months after the Bands
adopt constitutions and bylaws pursuant to subsection (a), the
Bands shall conduct elections by secret ballot for the purpose
of electing officials for the Bands as provided in the Bands'
respective governing constitutions. The elections shall be
conducted according to the procedures described in the Bands'
constitutions and bylaws.
(2) Interim governments.--Until such time as the Bands
elect new officials pursuant to paragraph (1), the Bands'
governing bodies shall be those governing 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 Bands.