II

Calendar No. 434

103D CONGRESS

2D SESSION S. 1066

[Report No. 103–266]

To restore Federal services to the Pokagon Band of Potawatomi Indians.

IN THE SENATE OF THE UNITED STATES

MAY 28 (legislative day, APRIL 19), 1993

Mr. RIEGLE (for himself and Mr. LEVIN) introduced the following bill; which

was read twice and referred to the Committee on Indian Affairs

MAY 23 (legislative day, MAY 16), 1994

Reported by Mr. INOUYE, without amendment

A BILL

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,

3 SECTION 1. FINDINGS.

4 The Congress finds the following:

5 (1) The Pokagon Band of Potawatomi Indians

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

7 signatories of the Treaty of Greenville 1795 (7 Stat.
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1 49); the Treaty of Grouseland 1805 (7 Stat. 91); the

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

3 Treaty of the Rapids of the Miami of Lake Erie

4 1817 (7 Stat. 160); the Treaty of St. Mary’s 1818

5 (7 Stat. 185); the Treaty of Chicago 1821 (7 Stat.

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

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

8 (7 Stat. 305); the Treaty of St. Joseph 1828 (7

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

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

11 431).

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

13 Pokagon Band of Potawatomi Indians was the only

14 band that negotiated a right to remain in Michigan.

15 The other Potawatomi bands relinquished all lands

16 in Michigan and were required to move to Kansas or

17 Iowa.

18 (3) Two of the Potawatomi bands later re19 turned to the Great Lakes area, the Forest County

20 Potawatomi of Wisconsin and the Hannahville In21 dian Community of Michigan.

22 (4) The Hannahville Indian Community of

23 Michigan, the Forest County Potawatomi Commu24 nity of Wisconsin, the Prairie Band of Potawatomi

25 Indians of Kansas, and the Citizen Band Pota-
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1 watomi Indian Tribe of Oklahoma, whose members

2 are also descendants of the signatories to one or

3 more of the aforementioned treaties, have been rec4 ognized by the Federal Government as Indian tribes

5 eligible to receive services from the Secretary of the

6 Interior.

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

8 Potawatomi Indians petitioned for reorganization

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

10 (25 U.S.C. 461 et seq., commonly referred to as the

11 ‘‘Indian Reorganization Act’’). Because of the finan12 cial condition of the Federal Government during the

13 Great Depression it relied upon the State of Michi14 gan to provide services to the Pokagon Band. Other

15 Potawatomi bands, including the Forest County Pot16 awatomi and the Hannahville Indian Community

17 were provided services pursuant to the Indian Reor18 ganization Act.

19 (6) Agents of the Federal Government in 1939

20 made an administrative decision not to provide serv21 ices or extend the benefits of the Indian Reorganiza22 tion Act to any Indian tribes in Michigan’s lower

23 peninsula.

24 (7) Tribes elsewhere, including the Hannahville

25 Indian Community in Michigan’s upper peninsula,
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1 received services from the Federal Government and

2 were extended the benefits of the Indian Reorganiza3 tion Act.

4 (8) The Pokagon Band of Potawatomi Indians

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

6 reside close to their ancestral homeland in the St.

7 Joseph River Valley in southwestern Michigan and

8 northern Indiana.

9 (9) In spite of the denial of the right to orga10 nize under the Indian Reorganization Act, the

11 Pokagon Band has continued to carry out its gov12 ernmental functions through a Business Committee

13 and Tribal Council from treaty times until today.

14 (10) The United States Government, the gov15 ernment of the State of Michigan, and local govern16 ments have had continuous dealings with the recog17 nized political leaders of the Band from 1795 until

18 the present.

19 SEC. 2. FEDERAL RECOGNITION.

20 Federal recognition of the Pokagon Band of Pota21 watomi Indians is hereby affirmed. Except as otherwise

22 provided in this Act, all Federal laws of general applica23 tion to Indians and Indian tribes, including the Act of

24 June 18, 1934 (25 U.S.C. 461 et seq.), shall apply with

25 respect to the Band and its members.
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1 SEC. 3. SERVICES.

2 Notwithstanding any other provision of law, the Band

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

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

5 benefits furnished to federally recognized Indian tribes

6 without regard to the existence of a reservation for the

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

8 or near an Indian reservation.

9 SEC. 4. TRIBAL MEMBERSHIP.

10 Not later than 18 months after the date of the enact11 ment of this Act, the Band shall submit to the Secretary

12 membership rolls consisting of all individuals eligible for

13 membership in such Band. The qualifications for inclusion

14 on the membership rolls of the Band shall be determined

15 by the membership clauses in the Band’s governing docu16 ments, in consultation with the Secretary. Upon comple17 tion of the rolls, the Secretary shall immediately publish

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

19 ensure that such rolls are maintained and kept current.

20 SEC. 5. CONSTITUTION AND GOVERNING BODY.

21 (a) CONSTITUTION.—

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

23 after the date of the enactment of this Act, the Sec24 retary shall conduct, by secret ballot and in accord25 ance with the provisions of section 16 of the Act of
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1 June 18, 1934 (25 U.S.C. 476), an election to adopt

2 a constitution and bylaws for the Band.

3 (2) INTERIM GOVERNING DOCUMENTS.—Until

4 such time as a new constitution is adopted under

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

6 the date of enactment of this Act shall be the in7 terim governing documents for the Band.

8 (b) OFFICIALS.—

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

10 the Band adopts a constitution and bylaws pursuant

11 to subsection (a), the Secretary shall conduct elec12 tions by secret ballot for the purpose of electing offi13 cials for the Band as provided in the Band’s con14 stitution. The election shall be conducted according

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

16 to the extent that such procedures conflict with the

17 Band’s constitution.

18 (2) INTERIM GOVERNMENT.—Until such time

19 as the Band elects new officials pursuant to para20 graph (1), the Band’s governing body shall be the

21 governing body in place on the date of the enact22 ment of this Act, or any new governing body selected

23 under the election procedures specified in the in24 terim governing documents of the Band.
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1 SEC. 6. TRIBAL LANDS.

2 The Band’s tribal land shall consist of all real prop3 erty, including the land upon which the Tribal Hall is situ4 ated, now or hereafter held by, or in trust for, the Band.

5 The Secretary shall acquire real property for the Band.

6 Any such real property shall be taken by the Secretary

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

8 of the Band and shall become part of the Band’s reserva9 tion.

10 SEC. 7. SERVICE AREA.

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

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

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

14 Starke, Marshall, and Kosciusko.

15 SEC. 8. JURISDICTION.

16 The Band shall have jurisdiction to the full extent

17 allowed by law over all lands taken into trust for the bene18 fit of the Band by the Secretary. The Band shall exercise

19 jurisdiction over all its members who reside within the

20 service area in matters pursuant to the Indian Child Wel21 fare Act (25 U.S.C. 1901 et seq.), as if the members were

22 residing upon a reservation as defined in that Act.

23 SEC. 9. DEFINITIONS.

24 For purposes of this Act—

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

26 of Potawatomi Indians;
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1 (2) the term ‘‘member’’ means those individuals

2 eligible for enrollment in the Band pursuant to sec3 tion 4; and

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

5 of the Interior.
Calendar No. 434

103D CONGRESS

2D SESSION S. 1066

[Report No. 103–266]

A BILL

To restore Federal services to the Pokagon Band of

Potawatomi Indians.

MAY 23 (legislative day, MAY 16), 1994

Reported without amendment