§ 1300j–8 TITLE 25—INDIANS Page 392

all individuals eligible for membership in the

Band. The Band, in consultation with the Secretary, shall determine whether an individual

is eligible for membership in the Band on the

basis of provisions in the governing documents

of the Band that determine the qualifications

for inclusion in the membership roll of the

Band.

(2) Publication of notice

At such time as the roll has been submitted

to the Secretary, the Secretary shall immediately publish in the Federal Register a notice of such roll.

(3) Maintenance of roll

The Band shall ensure that the roll is maintained and kept current.

(Pub. L. 103–323, §9, as added Pub. L. 103–435,

§20(2), Nov. 2, 1994, 108 Stat. 4574; amended Pub.

L. 104–109, §1, Feb. 12, 1996, 110 Stat. 763.)

PRIOR PROVISIONS

A prior section 9 of Pub. L. 103–323 was renumbered

section 10 and is classified to section 1300j–8 of this

title.

AMENDMENTS

1996—Subsec. (a). Pub. L. 104–109, §1(1), (2), substituted ‘‘Band’’ for ‘‘Bands’’ in two places and struck

out ‘‘respective’’ after ‘‘members of the’’.

Subsec. (b)(1). Pub. L. 104–109, §1(1), (3)(A), substituted ‘‘Band shall submit’’ for ‘‘Bands shall submit’’,

‘‘a membership roll that contains’’ for ‘‘membership

rolls that contain’’, ‘‘membership in the Band’’ for

‘‘membership in such Bands’’, and ‘‘The Band’’ for

‘‘Each such Band’’.

Subsec. (b)(2). Pub. L. 104–109, §1(3)(B), substituted

‘‘roll has’’ for ‘‘rolls have’’ and ‘‘such roll’’ for ‘‘such

rolls’’.

Subsec. (b)(3). Pub. L. 104–109, §1(1), (3)(C), (D), substituted ‘‘roll’’ for ‘‘rolls’’ in heading and substituted

‘‘Band shall ensure that the roll is maintained’’ for

‘‘Bands shall ensure that the rolls are maintained’’ in

text.

§ 1300j–8. Definitions

For purposes of this subchapter—

(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 1300j–3 of this title; and

(3) the term ‘‘Secretary’’ means the Secretary of the Interior.

(Pub. L. 103–323, §10, formerly §9, Sept. 21, 1994,

108 Stat. 2155; renumbered §10, Pub. L. 103–435,

§20(1), Nov. 2, 1994, 108 Stat. 4574.)

SUBCHAPTER LXXXII—LITTLE TRAVERSE

BAY BANDS OF ODAWA INDIANS; LITTLE

RIVER BAND OF OTTAWA INDIANS

§ 1300k. 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. 461 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.

(Pub. L. 103–324, §2, Sept. 21, 1994, 108 Stat. 2156.)

REFERENCES IN TEXT

The Indian Reorganization Act, referred to in pars.

(5) and (8), is act June 18, 1934, ch. 576, 48 Stat. 984, as

amended, which is classified generally to subchapter V

(§461 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set

out under section 461 of this title and Tables.