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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1357 Referred in House (RFH)]

103d CONGRESS
  2d Session
                                S. 1357

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 23, 1994

             Referred to the Committee on Natural Resources

_______________________________________________________________________

                                 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.

            Passed the Senate May 25 (legislative day, May 16), 1994.

            Attest:

                                                MARTHA S. POPE,

                                                             Secretary.
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