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 provi-
S. 1357—2

sions 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
S. 1357—3

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 prop- erty 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.
S. 1357—4

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.