I

106TH CONGRESS

2D SESSION H. R. 5403

To restore Federal recognition to the Miami Nation of Indiana.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 5, 2000

Mr. SOUDER introduced the following bill; which was referred to the

Committee on Resources

A BILL

To restore Federal recognition to the Miami Nation of

Indiana.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Miami Nation of Indi5 ana Act’’.

6 SEC. 2. FINDINGS.

7 The Congress finds the following:

8 (1) The Miami Nation of Indians of the State

9 of Indiana, Inc., an Indian nonprofit 501(c)(3) tax10 exempt corporation, is the modern day governing

11 body of the Miami Nation of Indiana, also known as
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1 the Miami Indians of Indiana or the Indiana Miamis

2 (collectively referred to herein as the ‘‘Miamis’’),

3 which is the descendant of, and the political suc4 cessor to, the signatory of the Treaty of 1854 (10

5 Stat. 1093).

6 (2) Historically, the Miamis lived in northern

7 and central Indiana.

8 (3) Between 1795 and 1840, the Miamis en9 tered into a number of treaties with the United

10 States ceding millions of acres of land to the Federal

11 Government.

12 (4) In some of those treaties, tracts of land

13 were reserved for individual tribal members or for

14 bands of Miamis.

15 (5) The 1840 Treaty required all members of

16 the Miamis to remove from Indiana to territory west

17 of the Mississippi River but the Miamis strongly re18 sisted removal to the Kansas Territory.

19 (6) In early 1846, the Commissioner of Indian

20 Affairs ordered annuity payments withheld until the

21 Miamis were removed, and thereafter about one-half

22 of the Miamis were forcibly removed to the Kansas

23 Territory.
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1 (7) After this emigration, some of the Miamis

2 resided in the Kansas Territory and some of the Mi3 amis resided in Indiana.

4 (8) In 1854, the Federal Government entered

5 into treaty negotiations with the Miamis who re6 mained in Indiana and thereby recognized them as

7 a separate Indian tribe—the Indiana Miamis.

8 (9) Congress subsequently enacted legislation

9 specifically concerning treaties with the Indiana Mi10 amis on a government-to-government basis and ex11 tended the Federal trust relationship to the Indiana

12 Miamis.

13 (10) In 1897, the Secretary of the Interior,

14 based on an opinion by then Assistant Attorney

15 General Willis Van Devanter, withdrew the acknowl16 edgement of the Indiana Miamis as a federally rec17 ognized Indian tribe.

18 (11) Congress has never terminated the Indiana

19 Miamis or authorized the Secretary of the Interior

20 to terminate the Indiana Miamis, as a result of

21 which the 1897 administrative termination by the

22 Secretary of the Interior was ultra vires and of no

23 effect.

24 (12) Tribes elsewhere, including the Miami

25 Tribe of Oklahoma, at Miami, Oklahoma, received
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1 services from the Federal Government and were ex2 tended benefits of the Indian Reorganization Act (25

3 U.S.C. 461 et seq.).

4 (13) In spite of the denial of recognition and

5 the right to organize under the Indian Reorganiza6 tion Act (25 U.S.C. 461 et seq.), the Indiana Mi7 amis have continued to carry out governmental func8 tions through a tribal council from the treaty times

9 through the present day.

10 (14) In 1990, the Department of the Interior

11 admitted that the opinion of Attorney General Van

12 Devanter was incorrect and that the trust relation13 ship with the Indiana Miamis was wrongfully termi14 nated, but nothing has been done to remedy the

15 error.

16 (15) For more than 100 years there has been

17 administrative neglect, violation of treaty and statu18 tory obligations of trusteeship, and misapplication of

19 Federal law and regulations with regard to the Indi20 ana Miamis.

21 (16) The injustice to the Indiana Miamis de22 scribed in this section should be corrected and their

23 dignity and self-esteem, individually and collectively,

24 should be returned by restoration of Federal rec25 ognition to the Indiana Miamis.
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1 SEC. 3. DEFINITIONS.

2 For purposes of this Act:

3 (1) The term ‘‘Tribe’’ means the Miami Nation

4 of Indiana.

5 (2) The term ‘‘Secretary’’ means the Secretary

6 of the Interior.

7 (3) The term ‘‘member’’ means an individual

8 who meets the membership criteria of the tribe.

9 (4) The term ‘‘State’’ means the State of Indi10 ana.

11 (5) The term ‘‘reservation’’ means those lands

12 acquired and held in trust by the Secretary for the

13 benefit of the Tribe.

14 (6) The term ‘‘service area’’ means the State of

15 Indiana.

16 SEC. 4. RESTORATION OF FEDERAL RECOGNITION, RIGHTS,

17 AND PRIVILEGES.

18 (a) FEDERAL RECOGNITION.—Federal recognition is

19 hereby restored to the Tribe. Except as otherwise provided

20 in this Act, all laws and regulations of general application

21 to Indians and nations, tribes, or bands of Indians that

22 are not inconsistent with any specific provision of this Act

23 shall be applicable to the Tribe and its members.

24 (b) RESTORATION OF RIGHTS AND PRIVILEGES.—

25 Except as provided in subsection (d), all rights and privi26 leges of the Tribe and its members under any Federal
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1 treaty, Executive order, agreement, or statute, or under

2 any other authority which were diminished or lost by vir3 tue of the 1897 decision of the Secretary of the Interior

4 which terminated Federal acknowledgement are hereby re5 stored.

6 (c) FEDERAL SERVICES AND BENEFITS.—

7 (1) IN GENERAL.—Without regard to the exist8 ence of a reservation, the Tribe and its members

9 shall be eligible, on and after the date of enactment

10 of this Act for all Federal services and benefits fur11 nished to federally recognized Indian tribes or their

12 members. For the purposes of Federal services and

13 benefits available to members of federally recognized

14 Indian tribes residing on a reservation, members of

15 the Tribe residing in the Tribe’s service area shall

16 be deemed to be residing on a reservation.

17 (2) RELATION TO OTHER LAWS.—The eligibility

18 for or receipt of services and benefits under para19 graph (1) by the Tribe or individual shall not be

20 considered as income, resources, or otherwise when

21 determining the eligibility for or computation of any

22 payment or other benefit to the Tribe, individual, or

23 household under—
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1 (A) any financial aid program of the

2 United States, including grants and contracts

3 subject to the Indian Self-Determination Act; or

4 (B) any other benefit to which such tribe,

5 household, or individual would otherwise be en6 titled under any Federal or federally assisted

7 program.

8 (d) HUNTING, FISHING, TRAPPING, GATHERING,

9 AND WATER RIGHTS.—Nothing in this Act shall expand,

10 reduce, or affect in any manner any hunting, fishing, trap11 ping, gathering, or water rights of the Tribe and its mem12 bers.

13 (e) CERTAIN RIGHTS NOT ALTERED.—Except as

14 specifically provided in this Act, nothing in this Act shall

15 alter any property right or obligation, any contractual

16 right or obligation, or any obligation for taxes levied.

17 SEC. 5. TRANSFER OF LAND TO BE HELD IN TRUST.

18 (a) LANDS TO BE TAKEN IN TRUST.—Upon applica19 tion by the Tribe, the Secretary shall accept into trust for

20 the benefit of the Tribe any real property located in the

21 State of Indiana, for the benefit of the Tribe after the

22 property is conveyed or otherwise transferred to the Sec23 retary and if, at the time of such conveyance or transfer,

24 there are no adverse legal claims to such property, includ25 ing outstanding liens, mortgages, or taxes.
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1 (b) FORMER TRUST LANDS OF THE TRIBE.—Subject

2 to the conditions specified in this section, real property

3 eligible for trust status under this section shall include any

4 land within the Tribe’s service area.

5 (c) LANDS TO BE PART OF RESERVATION.—Any

6 real property taken into trust for the benefit of the Tribe

7 pursuant to this Act shall be part of the Tribe’s reserva8 tion.

9 (d) GAMING RIGHTS SUSPENDED.—This Act reserves

10 all rights by the Miami Nation of Indiana to engage in

11 all classes of gaming pursuant to the Indian Gaming Reg12 ulatory Act; however, class III gaming shall only be al13 lowed with the express approval of Congress.

14 (e) LANDS TO BE NONTAXABLE.—Any real property

15 taken into trust for the benefit of the Tribe pursuant to

16 this section shall be exempt from all local, State, and Fed17 eral taxation as of the date that such land is transferred

18 to the Secretary.

19 SEC. 6. MEMBERSHIP ROLL; CONSTITUTION.

20 Upon submission by the Tribe, the Secretary shall ac21 cept the current membership roll of the Tribe, its present

22 membership criteria, and its existing constitution.

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