S. 1066

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

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

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. FINDINGS.

The Congress finds the following:

(1) The Pokagon Band of Potawatomi Indians is the

descendant of, and political successor to, the signatories of

the Treaty of Greenville 1795 (7 Stat. 49); the Treaty of

Grouseland 1805 (7 Stat. 91); the Treaty of Spring Wells 1815

(7 Stat. 131); the Treaty of the Rapids of the Miami of Lake

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

Stat. 185); the Treaty of Chicago 1821 (7 Stat. 218); the Treaty

of the Mississinewa on the Wabash 1826 (7 Stat. 295); the

Treaty of St. Joseph 1827 (7 Stat. 305); the Treaty of St.

Joseph 1828 (7 Stat. 317); the Treaty of Tippecanoe River

1832 (7 Stat. 399); and the Treaty of Chicago 1833 (7 Stat.

431).

(2) In the Treaty of Chicago 1833, the Pokagon Band of

Potawatomi Indians was the only band that negotiated a right

to remain in Michigan. The other Potawatomi bands relinquished all lands in Michigan and were required to move to

Kansas or Iowa.

(3) Two of the Potawatomi bands later returned to the

Great Lakes area, the Forest County Potawatomi of Wisconsin

and the Hannahville Indian Community of Michigan.

(4) The Hannahville Indian Community of Michigan, the

Forest County Potawatomi Community of Wisconsin, the Prairie Band of Potawatomi Indians of Kansas, and the Citizen

Band Potawatomi Indian Tribe of Oklahoma, whose members

are also descendants of the signatories to one or more of the

aforementioned treaties, have been recognized by the Federal

Government as Indian tribes eligible to receive services from

the Secretary of the Interior.

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

Indians petitioned for reorganization and assistance pursuant

to the Act of June 18, 1934 (25 U.S.C. 461 et seq., commonly

referred to as the ‘‘Indian Reorganization Act’’). Because of

the financial condition of the Federal Government during the
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Great Depression it relied upon the State of Michigan to provide

services to the Pokagon Band. Other Potawatomi bands, including the Forest County Potawatomi and the Hannahville Indian

Community were provided services pursuant to the Indian

Reorganization Act.

(6) Agents of the Federal Government in 1939 made an

administrative decision not to provide services or extend the

benefits of the Indian Reorganization Act to any Indian tribes

in Michigan’s lower peninsula.

(7) Tribes elsewhere, including the Hannahville Indian

Community in Michigan’s upper peninsula, received services

from the Federal Government and were extended the benefits

of the Indian Reorganization Act.

(8) The Pokagon Band of Potawatomi Indians consists of

at least 1,500 members who continue to reside close to their

ancestral homeland in the St. Joseph River Valley in southwestern Michigan and northern Indiana.

(9) In spite of the denial of the right to organize under

the Indian Reorganization Act, the Pokagon Band has continued

to carry out its governmental functions through a Business

Committee and Tribal Council from treaty times until today.

(10) 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 Band

from 1795 until the present.

SEC. 2. FEDERAL RECOGNITION.

Federal recognition of the Pokagon Band of Potawatomi Indians

is hereby affirmed. Except as otherwise provided in this Act, all

Federal laws of general application to Indians and Indian tribes,

including the Act of June 18, 1934 (25 U.S.C. 461 et seq.; commonly

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

respect to the Band and its members.

SEC. 3. SERVICES.

Notwithstanding any other provision of law, the Band and

its members shall be eligible, on and after the date of the enactment

of this Act, for all Federal services and benefits furnished to federally recognized Indian tribes without regard to the existence of

a reservation for the Band or the location of the residence of

any member on or near an Indian reservation.

SEC. 4. TRIBAL MEMBERSHIP.

Not later than 18 months after the date of the enactment

of this Act, the Band shall submit to the Secretary membership

rolls consisting of all individuals eligible for membership in such

Band. The qualifications for inclusion on the membership rolls

of the Band shall be determined by the membership clauses in

the Band’s governing documents, in consultation with the Secretary.

Upon completion of the rolls, the Secretary shall immediately publish notice of such in the Federal Register. The Bands shall ensure

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

(a) CONSTITUTION.— (1) ADOPTION.—Not later than 24 months after the date

of the enactment of this Act, the Secretary shall conduct, by

secret ballot and in accordance with the provisions of section

16 of the Act of June 18, 1934 (25 U.S.C. 476), an election

to adopt a constitution and bylaws for the Band. (2) INTERIM GOVERNING DOCUMENTS.—Until such time as

a new constitution is adopted under paragraph (1), the governing documents in effect on the date of enactment of this Act

shall be the interim governing documents for the Band.

(b) OFFICIALS.— (1) ELECTION.—Not later than 6 months after the Band

adopts a constitution and bylaws pursuant to subsection (a),

the Secretary shall conduct elections by secret ballot for the

purpose of electing officials for the Band as provided in the

Band’s constitution. The election shall be conducted according

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

extent that such procedures conflict with the Band’s constitution.

(2) INTERIM GOVERNMENT.—Until such time as the Band

elects new officials pursuant to paragraph (1), the Band’s

governing body shall be the governing body in place on the

date of the enactment of this Act, or any new governing body

selected under the election procedures specified in the interim

governing documents of the Band.

SEC. 6. TRIBAL LANDS.

The Band’s tribal land shall consist of all real property, including the land upon which the Tribal Hall is situated, now or hereafter

held by, or in trust for, the Band. The Secretary shall acquire

real property for the Band. Any such real property shall be taken

by the Secretary in the name of the United States in trust for

the benefit of the Band and shall become part of the Band’s reservation.

SEC. 7. SERVICE AREA.

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

of Allegan, Berrien, Van Buren, and Cass and the Indiana counties

of La Porte, St. Joseph, Elkhart, Starke, Marshall, and Kosciusko.

SEC. 8. JURISDICTION.

The Band shall have jurisdiction to the full extent allowed

by law over all lands taken into trust for the benefit of the Band

by the Secretary. The Band shall exercise jurisdiction over all

its members who reside within the service area in matters pursuant

to the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.),

as if the members were residing upon a reservation as defined

in that Act.
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SEC. 9. DEFINITIONS.

For purposes of this Act—

(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 4; and

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

Interior.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.