`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1357 Enrolled Bill (ENR)]

        S.1357

                       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 reaffirm and clarify the Federal relationships of the Little 
Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa 
Indians as distinct federally recognized Indian tribes, and for other 
purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Little Traverse Bay Bands of Odawa 
Indians and the Little River Band of Ottawa Indians Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
        (1) The Little Traverse Bay Bands of Odawa Indians and the 
    Little River Band of Ottawa Indians are descendants of, and 
    political successors to, signatories of the 1836 Treaty of 
    Washington and the 1855 Treaty of Detroit.
        (2) The Grand Traverse Band of Ottawa and Chippewa Indians, the 
    Sault Ste. Marie Tribe of Chippewa Indians, and the Bay Mills Band 
    of Chippewa Indians, whose members are also descendants of the 
    signatories to the 1836 Treaty of Washington and the 1855 Treaty of 
    Detroit, have been recognized by the Federal Government as distinct 
    Indian tribes.
        (3) The Little Traverse Bay Bands of Odawa Indians consists of 
    at least 1,000 eligible members who continue to reside close to 
    their ancestral homeland as recognized in the Little Traverse 
    Reservation in the 1836 Treaty of Washington and 1855 Treaty of 
    Detroit, which area is now known as Emmet and Charlevoix Counties, 
    Michigan.
        (4) The Little River Band of Ottawa Indians consists of at 
    least 500 eligible members who continue to reside close to their 
    ancestral homeland as recognized in the Manistee Reservation in the 
    1836 Treaty of Washington and reservation in the 1855 Treaty of 
    Detroit, which area is now known as Manistee and Mason Counties, 
    Michigan.
        (5) The Bands filed for reorganization of their existing tribal 
    governments in 1935 under the Act of June 18, 1934 (25 U.S.C. 461 
    et seq.; commonly referred to as the ``Indian Reorganization 
    Act''). Federal agents who visited the Bands, including 
    Commissioner of Indian Affairs, John Collier, attested to the 
    continued social and political existence of the Bands and concluded 
    that the Bands were eligible for reorganization. Due to a lack of 
    Federal appropriations to implement the provisions of such Act, the 
    Bands were denied the opportunity to reorganize.
        (6) In spite of such denial, the Bands continued their 
    political and social existence with viable tribal governments. The 
    Bands, along with other Michigan Odawa/Ottawa groups, including the 
    tribes described in paragraph (2), formed the Northern Michigan 
    Ottawa Association in 1948. The Association subsequently pursued a 
    successful land claim with the Indian Claims Commission.
        (7) Between 1948 and 1975, the Bands carried out many of their 
    governmental functions through the Northern Michigan Ottawa 
    Association, while retaining individual Band control over local 
    decisions.
        (8) In 1975, the Northern Michigan Ottawa Association 
    petitioned under the Act of June 18, 1934 (25 U.S.C. 461 et seq.; 
    commonly referred to as the ``Indian Reorganization Act''), to form 
    a government on behalf of the Bands. Again in spite of the Bands' 
    eligibility, the Bureau of Indian Affairs failed to act on their 
    request.
        (9) 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 Bands from 1836 to the 
    present.

SEC. 3. DEFINITIONS.

    For purposes of this Act--
        (1) the term ``Bands'' means the Little Traverse Bay Bands of 
    Odawa Indians and the Little River Band of Ottawa Indians;
        (2) the term ``member'' means those individuals enrolled in the 
    Bands pursuant to section 7; and
        (3) the term ``Secretary'' means the Secretary of the Interior.

SEC. 4. FEDERAL RECOGNITION.

    (a) Federal Recognition.--Federal recognition of the Little 
Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa 
Indians is hereby reaffirmed. All laws and regulations of the United 
States of general application to Indians or nations, tribes, or bands 
of Indians, including the Act of June 18, 1934 (25 U.S.C. 461 et seq.; 
commonly referred to as the ``Indian Reorganization Act''), which are 
not inconsistent with any specific provision of this Act shall be 
applicable to the Bands and their members.
    (b) Federal Services and Benefits.--
        (1) In general.--The Bands and their members shall be eligible 
    for all services and benefits provided by the Federal Government to 
    Indians because of their status as federally recognized Indians, 
    and notwithstanding any other provision of law, such services and 
    benefits shall be provided after the date of the enactment of this 
    Act to the Bands and their members without regard to the existence 
    of a reservation or the location of the residence of any member on 
    or near any Indian reservation.
        (2) Service areas.--
            (A) Little traverse bay bands.--For purposes of the 
        delivery of Federal services to the enrolled members of the 
        Little Traverse Bay Bands of Odawa Indians, the area of the 
        State of Michigan within 70 miles of the boundaries of the 
        reservations for the Little Traverse Bay Bands as set out in 
        Article I, paragraphs ``third'' and ``fourth'' of the Treaty of 
        1855, 11 Stat. 621, shall be deemed to be within or near a 
        reservation, notwithstanding the establishment of a reservation 
        for the tribe after the date of the enactment of this Act. 
        Services may be provided to members outside the named service 
        area unless prohibited by law or program regulations.
            (B) Little river band.--For purposes of the delivery of 
        Federal services to enrolled members of the Little River Band 
        of Ottawa Indians, the Counties of Manistee, Mason, Wexford and 
        Lake, in the State of Michigan, shall be deemed to be within or 
        near a reservation, notwithstanding the establishment of a 
        reservation for the tribe after the date of the enactment of 
        this Act. Services may be provided to members outside the named 
        Counties unless prohibited by law or program regulations.

SEC. 5. REAFFIRMATION OF RIGHTS.

    (a) In General.--All rights and privileges of the Bands, and their 
members thereof, which may have been abrogated or diminished before the 
date of the enactment of this Act are hereby reaffirmed.
    (b) Existing Rights of Tribe.--Nothing in this Act shall be 
construed to diminish any right or privilege of the Bands, or of their 
members, that existed prior to the date of enactment of this Act. 
Except as otherwise specifically provided in any other provision of 
this Act, nothing in this Act shall be construed as altering or 
affecting any legal or equitable claim the Bands might have to enforce 
any right or privilege reserved by or granted to the Bands which were 
wrongfully denied to or taken from the Bands prior to the enactment of 
this Act.

SEC. 6. TRANSFER OF LAND FOR THE BENEFIT OF THE BANDS.

    (a) Little Traverse Bay Bands.--The Secretary shall acquire real 
property in Emmet and Charlevoix Counties for the benefit of the Little 
Traverse Bay Bands. The Secretary shall also accept any real property 
located in those Counties for the benefit of the Little Traverse Bay 
Bands if conveyed or otherwise transferred to the Secretary, if at the 
time of such acceptance, there are no adverse legal claims on such 
property including outstanding liens, mortgages or taxes owed.
    (b) Little River Band.--The Secretary shall acquire real property 
in Manistee and Mason Counties for the benefit of the Little River 
Band. The Secretary shall also accept any real property located in 
those Counties for the benefit of the Little River Band if conveyed or 
otherwise transferred to the Secretary, if at the time of such 
acceptance, there are no adverse legal claims on such property 
including outstanding liens, mortgages or taxes owed.
    (c) Additional Lands.--The Secretary may accept any additional 
acreage in each of the Bands' service area specified by section 4(b) of 
this Act pursuant to his authority under the Act of June 18, 1934 (25 
U.S.C. 461 et seq.; commonly referred to as the ``Indian Reorganization 
Act'').
    (d) Reservation.--Subject to the conditions imposed by this 
section, the land acquired by or transferred to the Secretary under or 
pursuant to this section shall be taken in the name of the United 
States in trust for the Bands and shall be a part of the respective 
Bands' reservation.

SEC. 7. MEMBERSHIP.

    Not later than 18 months after the date of the enactment of this 
Act, the Bands shall submit to the Secretary membership rolls 
consisting of all individuals currently enrolled for membership in such 
Bands. The qualifications for inclusion on the membership rolls of the 
Bands shall be determined by the membership clauses in such Bands' 
respective 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.

SEC. 8. 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, elections for the purposes of adopting new constitutions 
    for the Bands. The elections shall be held according to the 
    procedures applicable to elections under section 16 of the Act of 
    June 18, 1934 (25 U.S.C. 476; commonly referred to as the ``Indian 
    Reorganization Act'').
        (2) Interim governing documents.--Until such time as new 
    constitutions are adopted under paragraph (1), the governing 
    documents in effect on the date of the enactment of this Act shall 
    be the interim governing documents for the Bands.
    (b) Officials.--
        (1) Election.--Not later than 6 months after the Bands adopt 
    constitutions and bylaws pursuant to subsection (a), the Bands 
    shall conduct elections by secret ballot for the purpose of 
    electing officials for the Bands as provided in the Bands' 
    respective governing constitutions. The elections shall be 
    conducted according to the procedures described in the Bands' 
    constitutions and bylaws.
        (2) Interim governments.--Until such time as the Bands elect 
    new officials pursuant to paragraph (1), the Bands' governing 
    bodies shall be those governing bodies in place on the date of the 
    enactment of this Act, or any new governing bodies selected under 
    the election procedures specified in the respective interim 
    governing documents of the Bands.







                               Speaker of the House of Representatives.







                            Vice President of the United States and    
                                               President of the Senate.`