Page 393 TITLE 25—INDIANS § 1300k–4

SHORT TITLE

Section 1 of Pub. L. 103–324 provided that: ‘‘This Act

[enacting this subchapter] may be cited as the ‘Little

Traverse Bay Bands of Odawa Indians and the Little

River Band of Ottawa Indians Act’.’’

§ 1300k–1. Definitions

For purposes of this subchapter—

(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

1300k–5 of this title; and

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

(Pub. L. 103–324, §3, Sept. 21, 1994, 108 Stat. 2157.)

§ 1300k–2. 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 subchapter 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 September 21, 1994, 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 September 21, 1994. 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 September 21, 1994. Services

may be provided to members outside the

named Counties unless prohibited by law or

program regulations.

(Pub. L. 103–324, §4, Sept. 21, 1994, 108 Stat. 2157.)

REFERENCES IN TEXT

The Indian Reorganization Act, referred to in subsec.

(a), 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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1300k–4 of this

title.

§ 1300k–3. 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 September 21, 1994,

are hereby reaffirmed.

(b) Existing rights of Bands

Nothing in this subchapter shall be construed

to diminish any right or privilege of the Bands,

or of their members, that existed prior to September 21, 1994. Except as otherwise specifically

provided in any other provision of this subchapter, nothing in this subchapter 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 September 21, 1994.

(Pub. L. 103–324, §5, Sept. 21, 1994, 108 Stat. 2158;

Pub. L. 104–109, §2(a), Feb. 12, 1996, 110 Stat. 763.)

AMENDMENTS

1996—Subsec. (b). Pub. L. 104–109 substituted ‘‘Bands’’

for ‘‘Tribe’’ in heading.

§ 1300k–4. Transfer of land for benefit of 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 speci-