II

103D CONGRESS

1ST SESSION S. 1066

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

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.

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

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

10 Treaty of the Rapids of the Miami of Lake Erie

11 1817 (7 Stat. 160); the Treaty of St. Mary’s 1818
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1 (7 Stat. 185); the Treaty of Chicago 1821 (7 Stat.

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

3 1826 (7 Stat. 295); the Treaty of St. Joseph 1827

4 (7 Stat. 305); the Treaty of St. Joseph 1828 (7

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

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

7 431).

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

9 Pokagon Band of Potawatomi Indians was the only

10 band that negotiated a right to remain in Michigan.

11 The other Potawatomi bands relinquished all lands

12 in Michigan and were required to move to Kansas or

13 Iowa.

14 (3) Two of the Potawatomi bands later re15 turned to the Great Lakes area, the Forest County

16 Potawatomi of Wisconsin and the Hannahville In17 dian Community of Michigan.

18 (4) The Hannahville Indian Community of

19 Michigan, the Forest County Potawatomi Commu20 nity of Wisconsin, the Prairie Band of Potawatomi

21 Indians of Kansas, and the Citizen Band Pota22 watomi Indian Tribe of Oklahoma, whose members

23 are also descendants of the signatories to one or

24 more of the aforementioned treaties, have been rec25 ognized by the Federal Government as Indian tribes
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1 eligible to receive services from the Secretary of the

2 Interior.

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

4 Potawatomi Indians petitioned for reorganization

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

6 (25 U.S.C. 461 et seq., commonly referred to as the

7 ‘‘Indian Reorganization Act’’). Because of the finan8 cial condition of the Federal Government during the

9 Great Depression it relied upon the State of Michi10 gan to provide services to the Pokagon Band. Other

11 Potawatomi bands, including the Forest County Pot12 awatomi and the Hannahville Indian Community

13 were provided services pursuant to the Indian Reor14 ganization Act.

15 (6) Agents of the Federal Government in 1939

16 made an administrative decision not to provide serv17 ices or extend the benefits of the Indian Reorganiza18 tion Act to any Indian tribes in Michigan’s lower pe19 ninsula.

20 (7) Tribes elsewhere, including the Hannahville

21 Indian Community in Michigan’s upper peninsula,

22 received services from the Federal Government and

23 were extended the benefits of the Indian Reorganiza24 tion Act.
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1 (8) The Pokagon Band of Potawatomi Indians

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

3 reside close to their ancestral homeland in the St.

4 Joseph River Valley in southwestern Michigan and

5 northern Indiana.

6 (9) In spite of the denial of the right to orga7 nize under the Indian Reorganization Act, the

8 Pokagon Band has continued to carry out its gov9 ernmental functions through a Business Committee

10 and Tribal Council from treaty times until today.

11 (10) The United States Government, the gov12 ernment of the State of Michigan, and local govern13 ments have had continuous dealings with the recog14 nized political leaders of the Band from 1795 until

15 the present.

16 SEC. 2. FEDERAL RECOGNITION.

17 Federal recognition of the Pokagon Band of Pota18 watomi Indians is hereby affirmed. Except as otherwise

19 provided in this Act, all Federal laws of general applica20 tion to Indians and Indian tribes, including the Act of

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

22 respect to the Band and its members.

23 SEC. 3. SERVICES.

24 Notwithstanding any other provision of law, the Band

25 and its members shall be eligible, on and after the date
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1 of the enactment of this Act, for all Federal services and

2 benefits furnished to federally recognized Indian tribes

3 without regard to the existence of a reservation for the

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

5 or near an Indian reservation.

6 SEC. 4. TRIBAL MEMBERSHIP.

7 Not later than 18 months after the date of the enact8 ment of this Act, the Band shall submit to the Secretary

9 membership rolls consisting of all individuals eligible for

10 membership in such Band. The qualifications for inclusion

11 on the membership rolls of the Band shall be determined

12 by the membership clauses in the Band’s governing docu13 ments, in consultation with the Secretary. Upon comple14 tion of the rolls, the Secretary shall immediately publish

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

16 ensure that such rolls are maintained and kept current.

17 SEC. 5. CONSTITUTION AND GOVERNING BODY.

18 (a) CONSTITUTION.—

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

20 after the date of the enactment of this Act, the Sec21 retary shall conduct, by secret ballot and in accord22 ance with the provisions of section 16 of the Act of

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

24 a constitution and bylaws for the Band.
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1 (2) INTERIM GOVERNING DOCUMENTS.—Until

2 such time as a new constitution is adopted under

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

4 the date of enactment of this Act shall be the in5 terim governing documents for the Band.

6 (b) OFFICIALS.—

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

8 the Band adopts a constitution and bylaws pursuant

9 to subsection (a), the Secretary shall conduct elec10 tions by secret ballot for the purpose of electing offi11 cials for the Band as provided in the Band’s con12 stitution. The election shall be conducted according

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

14 to the extent that such procedures conflict with the

15 Band’s constitution.

16 (2) INTERIM GOVERNMENT.—Until such time

17 as the Band elects new officials pursuant to para18 graph (1), the Band’s governing body shall be the

19 governing body in place on the date of the enact20 ment of this Act, or any new governing body selected

21 under the election procedures specified in the in22 terim governing documents of the Band.

23 SEC. 6. TRIBAL LANDS.

24 The Band’s tribal land shall consist of all real prop25 erty, including the land upon which the Tribal Hall is situ-
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1 ated, now or hereafter held by, or in trust for, the Band.

2 The Secretary shall acquire real property for the Band.

3 Any such real property shall be taken by the Secretary

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

5 of the Band and shall become part of the Band’s reserva6 tion.

7 SEC. 7. SERVICE AREA.

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

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

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

11 Starke, Marshall, and Kosciusko.

12 SEC. 8. JURISDICTION.

13 The Band shall have jurisdiction to the full extent

14 allowed by law over all lands taken into trust for the bene15 fit of the Band by the Secretary. The Band shall exercise

16 jurisdiction over all its members who reside within the

17 service area in matters pursuant to the Indian Child Wel18 fare Act (25 U.S.C. 1901 et seq.), as if the members were

19 residing upon a reservation as defined in that Act.

20 SEC. 9. DEFINITIONS.

21 For purposes of this Act—

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

23 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.

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