I 

109TH CONGRESS 

2D SESSION H. R. 4802 

To reaffirm and clarify the Federal relationship of the Burt Lake Band 

as a distinct federally recognized Indian Tribe, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 16, 2006 

Mr. STUPAK introduced the following bill; which was referred to the 

Committee on Resources 

A BILL 

To reaffirm and clarify the Federal relationship of the Burt 

Lake Band as a distinct federally recognized Indian 

Tribe, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Burt Lake Band of 

5 Ottawa and Chippewa Indians Reaffirmation Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds as follows: 

8 (1) The members of the Burt Lake Band of Ot9 tawa and Chippewa Indians, whose historic name is 

10 the Cheboigan (or Cheboygan) Band, are descendVerDate Aug 31 2005 23:57 Feb 24, 2006 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4802.IH H4802

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1 ants and political successors to signatories of the 

2 1836 Treaty of Washington and the 1855 Treaty of 

3 Detroit. The Band was twice recognized by the 

4 United States, on a government-to-government rela5 tionship basis, through the execution and ratification 

6 of those treaties. 

7 (2) The 1836 Treaty of Washington provided 

8 that the Cheboigan Band would receive a reservation 

9 of 1,000 acres on the Cheboigan, within its aborigi10 nal territory, but the United States failed to provide 

11 that reservation. The 1855 Treaty of Detroit pro12 vided for the withdrawal of unsold lands in 2 Michi13 gan townships 35 North and 36 North Range 3 

14 West for the use of the Cheboygan Band, but due 

15 to the Federal Government’s failure to act, those 

16 members who selected allotments within that area 

17 were not awarded those individual land holdings 

18 until 3 years after a special Act of Congress was 

19 passed in 1872. 

20 (3) Between 1845 and 1850 the Band’s mem21 bers used treaty annuity payments to purchase land 

22 for the Band in Burt Township, Cheboygan County, 

23 Michigan. That land, called Colonial Point, was 

24 placed in trust with the Governor of Michigan on the 

25 advice of Federal Indian agents. 


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1 (4) During the next 50 years, questions arose 

2 regarding the taxability of the property, and the 

3 acreage was ultimately sold for back taxes in 1900. 

4 (5) After the Band was forcibly evicted from 

5 Colonial Point and its village was burned to the 

6 ground by its new owner, John McGinn, the major7 ity of the Band’s families took up residency on near8 by Indian Road on lands which other Band members 

9 had purchased or received as treaty allotments or 

10 homesteads. 

11 (6) In 1911, the United States filed suit in the 

12 United States Federal District Court for Eastern 

13 Michigan seeking to regain possession of the Colo14 nial Point Lands (United States v. McGinn, Equity 

15 No. 94, filed June 11, 1911). In its complaint, the 

16 United States advised the Court that it was suing on 

17 behalf of the: ‘‘Cheboygan band of Indians [which] 

18 is now and was at all the times mentioned in this 

19 bill of complaint a tribe of indians [sic] under the 

20 care, control, and guardianship of the plaintiff and 

21 said band is now and was at all times mentioned in 

22 this bill of complaint recognized by the plaintiff 

23 through its chiefs or head men which it annually 

24 elects.’’. 


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1 (7) In 1917, the Federal District Court decided 

2 the McGinn case against the United States finding 

3 that the language in the Colonial Point deeds did 

4 not prevent the Colonial Point land from being 

5 taxed. 

6 (8) Over the next 20 years, members of the 

7 Band asked the United States to appeal, or other8 wise rectify the District Court’s decision, but no 

9 Federal action was taken. Throughout this period, 

10 the United States continued to provide the Band 

11 and its members with many of the same Federal 

12 services that were being provided to other Indian 

13 tribes in Michigan. 

14 (9) The Act of June 18, 1934 (hereafter in this 

15 Act referred to as the ‘‘Indian Reorganization Act’’), 

16 authorized and directed the Bureau of Indian Af17 fairs to provide technical assistance and Federal 

18 funds to petitioning tribes to assist them in reorga19 nizing their governments and improving their econo20 mies. Members of the Cheboigan Band, as well as 

21 members of other landless treaty Tribes in Michigan, 

22 submitted petitions to receive that assistance. Simi23 lar petitions were also submitted by 4 Michigan 

24 bands that still held communal lands. Possession of 

25 a tribal land base was a prerequisite to the receipt 


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1 of most of the Federal funds and services provided 

2 for in the Indian Reorganization Act. 

3 (10) While the Indian Reorganization Act di4 rected the Secretary to assist landless bands, like 

5 Burt Lake, and authorized Federal funds to acquire 

6 land for landless tribes, no Federal funds were ap7 propriated to acquire new tribal lands for any of the 

8 landless bands in Michigan. After struggling with 

9 this dilemma, the Bureau of Indian Affairs extended 

10 the benefits of the Indian Reorganization Act to only 

11 those 4 Michigan tribes that had an existing land 

12 base on the date of the enactment of the Indian Re13 organization Act. Of the Ottawa and Chippewa 

14 Tribes who signed the 1836 and 1855 Treaties, only 

15 1 group, the Bay Mills Indian Community was re16 affirmed. 

17 (11) The failure of the Bureau of Indian Af18 fairs to grant Indian Reorganization Act benefits to 

19 the Cheboigan Band did not terminate the band’s 

20 government-to-government relationship with the 

21 United States, and Congress has never taken any 

22 action to terminate the Federal acknowledgment of 

23 the Burt Lake Band. 


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1 (12) The Bureau of Indian Affairs lacked and 

2 lacks the legal authority to terminate a tribe that 

3 has been acknowledged by an Act of Congress. 

4 (13) In recent years, the Federal recognition of 

5 the following Michigan tribes, who were also denied 

6 the benefits of the Indian Reorganization Act, has 

7 been reaffirmed: 

8 (A) The Sault Ste. Marie Tribe of Chip9 pewa was reaffirmed by a Memorandum of the 

10 Commissioner of Indian Affairs on September 

11 7, 1972. 

12 (B) The Grand Traverse Band of Ottawa 

13 and Chippewa Indians was reaffirmed by the 

14 Bureau of Indian Affairs Branch of Acknowl15 edgment on May 27, 1980. 

16 (C) The Little Traverse Bay Bands of 

17 Odawa Indian and the Little River Band of Ot18 tawa Indians each had its Federal status re19 affirmed by an Act of Congress on September 

20 21, 1994. 

21 (D) The Lac Vieux Desert Band of Lake 

22 Superior Chippewa Indians had its Federal sta23 tus reaffirmed by an Act of Congress at the re24 quest of the Administration on September 8, 

25 1988. 


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1 (E) The Pokagon Indian Nation had its 

2 Federal status reaffirmed by an Act of Con3 gress on September 21, 1994. 

4 (F) The Huron Potawatomi Nation had its 

5 Federal status reaffirmed by the Bureau of In6 dian Affairs’ Branch of Acknowledgment and 

7 Research on March 17, 1996. 

8 (G) The Gun Lake Tribe (Match-She-Be9 Nash-She-Wish) had its Federal status re10 affirmed by the Bureau of Indian Affairs’ Of11 fice of Federal Acknowledgment on August 23, 

12 1999. 

13 (14) The Band has been consistently recognized 

14 by third parties as a distinct Indian community 

15 since well before 1900. 

16 (15) All of the Band’s adult members are the 

17 children, grandchildren, or great grandchildren of 

18 Indian persons who resided on or near Colonial 

19 Point or Indian Road at the time of the Burn Out. 

20 Most of the Band’s adult members grew up on or 

21 near Indian Road or had an immediate family mem22 ber who did. As the result, the Band’s members 

23 have maintained very close social and political ties. 

24 (16) The Band’s families have and continue to 

25 provide mutual aid to each other, visit each other 


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1 regularly, mobilize to assist each other in times of 

2 need, practice traditional arts and crafts, gather for 

3 Ghost Suppers, decorate the graves of their ances4 tors, and participate in other traditional tribal cere5 monies and events. 

6 (17) Since 1829 the Band’s members have at7 tended and consistently mobilized to maintain the 

8 Indian Mission Church of St. Mary’s, first on Colo9 nial Point and later on Indian Road. The Band’s 

10 members have also worked together to maintain the 

11 Tribe’s 2 Indian cemetaries. They have also dug the 

12 graves and buried their relatives in those 2 Indian 

13 cemeteries for almost 200 years. 

14 (18) The Band’s members have throughout 

15 time made formal and informal decisions for the 

16 community. The Band has also organized its own 

17 modern tribal government without the assistance of 

18 the Bureau of Indian Affairs. 

19 (19) The majority of the Band’s elders have a 

20 high degree of Indian blood and continue to speak 

21 the Ottawa language when they gather with each 

22 other. Before World War II, more than 50 percent 

23 of the Burt Lake families were still speaking the tra24 ditional language in their homes, and more than 50 

25 percent of those tribal members who were married 


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1 were married to other Ottawa and Chippewa individ2 uals. 

3 SEC. 3. DEFINITIONS. 

4 For purposes of this Act— 

5 (1) the term ‘‘Band’’ or ‘‘Tribe’’ means the 

6 Burt Lake Band of Ottawa and Chippewa Indians 

7 which was previously called the Cheboigan or Che8 boygan Band of Ottawa and Chippewa Indians; 

9 (2) the term ‘‘Burn Out’’ means the destruction 

10 of the Colonial Point Indian Village of the Burt 

11 Lake Band in 1900; 

12 (3) the term ‘‘OFA’’ means the Office of Fed13 eral Acknowledgment, a Branch of the United States 

14 Department of Interior’s Bureau of Indian of Indian 

15 Affairs; and 

16 (4) the term ‘‘Secretary’’ means the Secretary 

17 of the Interior. 

18 SEC. 4. FEDERAL RECOGNITION. 

19 (a) FEDERAL RECOGNITION.—Federal recognition of 

20 the Burt Lake Band of Ottawa and Chippewa Indians is 

21 hereby reaffirmed. All laws and regulations of the United 

22 States of general application to Indians or nations, tribes, 

23 or bands of Indians including the Act of June 18, 1934 

24 (25 U.S.C. 461 et seq., commonly referred to as the ‘‘In25 dian Reorganization Act’’), which are inconsistent with 


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1 any specific provision of this Act shall not be applicable 

2 to the Band and its members. 

3 (b) FEDERAL SERVICES AND BENEFITS.— 

4 (1) IN GENERAL.—Notwithstanding any other 

5 provision of law, after the date of the enactment of 

6 this Act, the Band and its members shall be eligible 

7 for all services and benefits provided by the Federal 

8 Government to Indians because of their status as 

9 federally recognized Indians without regard to the 

10 existence of a reservation or the location of the resi11 dence of any member on or near any Indian reserva12 tion. 

13 (2) SERVICE AREA.—For purposes of the deliv14 ery of Federal services to the enrolled members of 

15 the Band and to other Indians, all of Cheboygan 

16 County Michigan, and any area in the State of 

17 Michigan that is outside of Cheboygan County, but 

18 located within 25 miles of the Tribe’s Cemetery at 

19 the St. Mary’s Indian Mission Church, shall be 

20 deemed to be within the Service Area of the Burt 

21 Lake Band. Nothing contained herein shall prohibit 

22 the Federal Government from providing services to 

23 members of the Band who reside or are domiciled 

24 outside this Service Area, or from otherwise expand25 ing the Band’s Service Area in compliance with apVerDate Aug 31 2005 23:57 Feb 24, 2006 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4802.IH H4802

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1 plicable Federal law and policy. If any part of the 

2 Band’s service area overlaps with the service area of 

3 another federally recognized Indian tribe, that over4 lap shall be addressed in compliance with existing 

5 Federal policies and regulations. 

6 SEC. 5. REAFFIRMATION OF RIGHTS. 

7 (a) IN GENERAL.—All rights and privileges of the 

8 Band and its members, which may have been abrogated 

9 or diminished before the date of the enactment of this Act 

10 are hereby reaffirmed. 

11 (b) EXISTING RIGHTS OF TRIBE.—Nothing in this 

12 Act shall be construed to diminish any right or privilege 

13 of the Band or of its members that existed before the date 

14 of the enactment of this Act. Except as otherwise specifi15 cally provided in any other provision of this Act, nothing 

16 in this Act shall be construed as altering or affecting any 

17 legal or equitable claim the Band may have to enforce any 

18 right or privilege reserved by or granted to the Band which 

19 was wrongfully denied to or taken from the Band before 

20 the enactment of this Act. 

21 SEC. 6. TRIBAL LANDS. 

22 The Secretary shall acquire real property in Che23 boygan County in trust for the benefit of the Burt Lake 

24 Band of Ottawa and Chippewa Indians, if at the time of 

25 such acceptance by the Secretary, there are no adverse 


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1 legal claims on such property including outstanding liens, 

2 mortgages or taxes owed. Such lands shall become part 

3 of the initial reservation of the Band at the request of 

4 the Band. The Secretary is also authorized to acquire and 

5 accept real property in other geographic areas into trust 

6 for the benefit of the Band and to declare those lands to 

7 be a part of the Band’s Reservation or Initial Reservation 

8 to the full extent otherwise authorized by applicable law. 

9 SEC. 7. MEMBERSHIP. 

10 (a) IN GENERAL.—Membership in the Burt Lake 

11 Band of Ottawa and Chippewa Indians shall consist of 

12 persons who can present evidence, acceptable to the Tribe, 

13 showing that they meet the requirements of subsection (b), 

14 and persons who meet such other requirements as are 

15 specified by the Tribe in its Tribe’s Constitution and En16 rollment Ordinance as the same may be from time to time 

17 amended. 

18 (b) MEMBERSHIP CRITERIA.— 

19 (1) To qualify for membership in the Burt Lake 

20 Band of Ottawa and Chippewa Indians, a person 

21 must be able to demonstrate through evidence ac22 ceptable to the Tribe that the person meets at least 

23 one of the following requirements: 

24 (A) The person descends from one or more 

25 tribal members who were domiciled at Colonial 


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1 Point, Burt Township, Cheboygan County, 

2 Michigan before or at the time that the Tribe’s 

3 village was burned in October 1900, as said 

4 tribal members are identified in the United 

5 States v. McGinn litigation and related docu6 ments, and/or the 1950 Albert Shananaquet list 

7 of Colonial Point Residents. 

8 (B) The person descends from one or more 

9 tribal members who are listed on the 1900 and/ 

10 or the 1910 Burt Lake Township Federal Cen11 sus, Indian Enumeration Schedule. 

12 (C) The person has an Indian ancestor 

13 who was, prior to 1910, living in tribal relations 

14 with the Burt Lake Band of Ottawa and Chip15 pewa Indians as the Burt Lake Band is defined 

16 in this Act. 

17 (D) The person descends from Rose 

18 Midwagon Moses. 

19 (2) In addition to the requirements under para20 graph (1), to qualify for membership in the Burt 

21 Lake Band of Ottawa and Chippwa Indians, a per22 son must be able to demonstrate through evidence 

23 acceptable to the Tribe that the person meets all of 

24 the following criteria: 


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1 (A) That the person is in tribal relations 

2 with other Burt Lake Band members. 

3 (B) That the person’s ancestors have lived 

4 in tribal relations with other Burt Lake Band 

5 members on a substantially continuous basis 

6 from 1910 to the present. 

7 (C) That the person has a completed tribal 

8 membership enrollment file as prescribed by the 

9 Tribal Enrollment Ordinance. 

10 (D) That the person’s membership applica11 tion has been processed and that the person has 

12 been approved for membership in the Burt 

13 Lake Band in the manner prescribed by the 

14 Tribal Enrollment Ordinance. 

15 (c) BASE ROLL.—The base roll of the Burt Lake 

16 Band of Ottawa and Chippewa Indians shall consist of the 

17 320 persons whose names were listed on the official roll 

18 of the Burt Lake Band which were members submitted 

19 by the Band to the Bureau of Indian Affairs’ Office of 

20 Federal Acknowledgment on May 2, 2005, and shall also 

21 include the biological sons and daughters who were born 

22 to those members between the submission of that list and 

23 the enactment of this Act. 


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1 SEC. 8. CONSTITUTION. 

2 The initial Constitution of the Burt Lake Band of 

3 Ottawa and Chippewa Indians shall be the Constitution 

4 which the Band submitted to the Bureau of Indian Af5 fairs’ Office of Federal Acknowledgment on May 2, 2005. 

Æ 


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