103D CONGRESS

2D SESSION S. 1066

AN ACT

To restore Federal services to the Pokagon Band of

Potawatomi Indians.
103D CONGRESS

2D SESSION S. 1066

AN ACT

To restore Federal services to the Pokagon Band of

Potawatomi Indians.

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

2 The Congress finds the following:

3 (1) The Pokagon Band of Potawatomi Indians

4 is the descendant of, and political successor to, the

5 signatories of the Treaty of Greenville 1795 (7 Stat.

6 49); the Treaty of Grouseland 1805 (7 Stat. 91); the

7 Treaty of Spring Wells 1815 (7 Stat. 131); the

8 Treaty of the Rapids of the Miami of Lake Erie

9 1817 (7 Stat. 160); the Treaty of St. Mary’s 1818

10 (7 Stat. 185); the Treaty of Chicago 1821 (7 Stat.

11 218); the Treaty of the Mississinewa on the Wabash

12 1826 (7 Stat. 295); the Treaty of St. Joseph 1827

13 (7 Stat. 305); the Treaty of St. Joseph 1828 (7

14 Stat. 317); the Treaty of Tippecanoe River 1832 (7

15 Stat. 399); and the Treaty of Chicago 1833 (7 Stat.

16 431).

17 (2) In the Treaty of Chicago 1833, the

18 Pokagon Band of Potawatomi Indians was the only

19 band that negotiated a right to remain in Michigan.

20 The other Potawatomi bands relinquished all lands

21 in Michigan and were required to move to Kansas or

22 Iowa.

23 (3) Two of the Potawatomi bands later re24 turned to the Great Lakes area, the Forest County

25 Potawatomi of Wisconsin and the Hannahville In26 dian Community of Michigan.
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1 (4) The Hannahville Indian Community of

2 Michigan, the Forest County Potawatomi Commu3 nity of Wisconsin, the Prairie Band of Potawatomi

4 Indians of Kansas, and the Citizen Band Pota5 watomi Indian Tribe of Oklahoma, whose members

6 are also descendants of the signatories to one or

7 more of the aforementioned treaties, have been rec8 ognized by the Federal Government as Indian tribes

9 eligible to receive services from the Secretary of the

10 Interior.

11 (5) Beginning in 1935, the Pokagon Band of

12 Potawatomi Indians petitioned for reorganization

13 and assistance pursuant to the Act of June 18, 1934

14 (25 U.S.C. 461 et seq., commonly referred to as the

15 ‘‘Indian Reorganization Act’’). Because of the finan16 cial condition of the Federal Government during the

17 Great Depression it relied upon the State of Michi18 gan to provide services to the Pokagon Band. Other

19 Potawatomi bands, including the Forest County Pot20 awatomi and the Hannahville Indian Community

21 were provided services pursuant to the Indian Reor22 ganization Act.

23 (6) Agents of the Federal Government in 1939

24 made an administrative decision not to provide serv25 ices or extend the benefits of the Indian Reorganiza-
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1 tion Act to any Indian tribes in Michigan’s lower

2 peninsula.

3 (7) Tribes elsewhere, including the Hannahville

4 Indian Community in Michigan’s upper peninsula,

5 received services from the Federal Government and

6 were extended the benefits of the Indian Reorganiza7 tion Act.

8 (8) The Pokagon Band of Potawatomi Indians

9 consists of at least 1,500 members who continue to

10 reside close to their ancestral homeland in the St.

11 Joseph River Valley in southwestern Michigan and

12 northern Indiana.

13 (9) In spite of the denial of the right to orga14 nize under the Indian Reorganization Act, the

15 Pokagon Band has continued to carry out its gov16 ernmental functions through a Business Committee

17 and Tribal Council from treaty times until today.

18 (10) The United States Government, the gov19 ernment of the State of Michigan, and local govern20 ments have had continuous dealings with the recog21 nized political leaders of the Band from 1795 until

22 the present.

23 SEC. 2. FEDERAL RECOGNITION.

24 Federal recognition of the Pokagon Band of Pota25 watomi Indians is hereby affirmed. Except as otherwise
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1 provided in this Act, all Federal laws of general applica2 tion to Indians and Indian tribes, including the Act of

3 June 18, 1934 (25 U.S.C. 461 et seq.; commonly referred

4 to as the ‘‘Indian Reorganization Act’’), shall apply with

5 respect to the Band and its members.

6 SEC. 3. SERVICES.

7 Notwithstanding any other provision of law, the Band

8 and its members shall be eligible, on and after the date

9 of the enactment of this Act, for all Federal services and

10 benefits furnished to federally recognized Indian tribes

11 without regard to the existence of a reservation for the

12 Band or the location of the residence of any member on

13 or near an Indian reservation.

14 SEC. 4. TRIBAL MEMBERSHIP.

15 Not later than 18 months after the date of the enact16 ment of this Act, the Band shall submit to the Secretary

17 membership rolls consisting of all individuals eligible for

18 membership in such Band. The qualifications for inclusion

19 on the membership rolls of the Band shall be determined

20 by the membership clauses in the Band’s governing docu21 ments, in consultation with the Secretary. Upon comple22 tion of the rolls, the Secretary shall immediately publish

23 notice of such in the Federal Register. The Bands shall

24 ensure that such rolls are maintained and kept current.
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1 SEC. 5. CONSTITUTION AND GOVERNING BODY.

2 (a) CONSTITUTION.—

3 (1) ADOPTION.—Not later than 24 months

4 after the date of the enactment of this Act, the Sec5 retary shall conduct, by secret ballot and in accord6 ance with the provisions of section 16 of the Act of

7 June 18, 1934 (25 U.S.C. 476), an election to adopt

8 a constitution and bylaws for the Band.

9 (2) INTERIM GOVERNING DOCUMENTS.—Until

10 such time as a new constitution is adopted under

11 paragraph (1), the governing documents in effect on

12 the date of enactment of this Act shall be the in13 terim governing documents for the Band.

14 (b) OFFICIALS.—

15 (1) ELECTION.—Not later than 6 months after

16 the Band adopts a constitution and bylaws pursuant

17 to subsection (a), the Secretary shall conduct elec18 tions by secret ballot for the purpose of electing offi19 cials for the Band as provided in the Band’s con20 stitution. The election shall be conducted according

21 to the procedures described in subsection (a), except

22 to the extent that such procedures conflict with the

23 Band’s constitution.

24 (2) INTERIM GOVERNMENT.—Until such time

25 as the Band elects new officials pursuant to para26 graph (1), the Band’s governing body shall be the
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1 governing body in place on the date of the enact2 ment of this Act, or any new governing body selected

3 under the election procedures specified in the in4 terim governing documents of the Band.

5 SEC. 6. TRIBAL LANDS.

6 The Band’s tribal land shall consist of all real prop7 erty, including the land upon which the Tribal Hall is situ8 ated, now or hereafter held by, or in trust for, the Band.

9 The Secretary shall acquire real property for the Band.

10 Any such real property shall be taken by the Secretary

11 in the name of the United States in trust for the benefit

12 of the Band and shall become part of the Band’s reserva13 tion.

14 SEC. 7. SERVICE AREA.

15 The Band’s service area shall consist of the Michigan

16 counties of Allegan, Berrien, Van Buren, and Cass and

17 the Indiana counties of La Porte, St. Joseph, Elkhart,

18 Starke, Marshall, and Kosciusko.

19 SEC. 8. JURISDICTION.

20 The Band shall have jurisdiction to the full extent

21 allowed by law over all lands taken into trust for the bene22 fit of the Band by the Secretary. The Band shall exercise

23 jurisdiction over all its members who reside within the

24 service area in matters pursuant to the Indian Child Wel25 fare Act of 1978 (25 U.S.C. 1901 et seq.), as if the mem-
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1 bers were residing upon a reservation as defined in that

2 Act.

3 SEC. 9. DEFINITIONS.

4 For purposes of this Act—

5 (1) the term ‘‘Band’’ means the Pokagon Band

6 of Potawatomi Indians;

7 (2) the term ‘‘member’’ means those individuals

8 eligible for enrollment in the Band pursuant to sec9 tion 4; and

10 (3) the term ‘‘Secretary’’ means the Secretary

11 of the Interior.

Passed the Senate June 10 (legislative day, June 7),

1994.

Attest:

Secretary.