I

106TH CONGRESS

1ST SESSION H. R. 1608

To reaffirm and clarify the Federal relationship of the Swan Creek Black

River Confederated Ojibwa Tribes of Michigan as a distinct federally

recognized Indian tribe and to restore aboriginal rights, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 28, 1999

Mr. KNOLLENBERG (for himself and Mr. BARCIA) introduced the following

bill; which was referred to the Committee on Resources

A BILL

To reaffirm and clarify the Federal relationship of the Swan

Creek Black River Confederated Ojibwa Tribes of Michigan as a distinct federally recognized Indian tribe and

to restore aboriginal rights, 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 ‘‘Swan Creek Black

5 River Confederated Ojibwa Tribes of Michigan Act’’.

6 SEC. 2. DEFINITIONS.

7 For purposes of this Act—
2

•HR 1608 IH

1 (1) the term ‘‘Tribe’’ means the Swan Creek

2 and Black River Confederated Ojibwa Tribes of

3 Michigan;

4 (2) the term ‘‘member’’ means an individual

5 who is eligible for enrollment in the Tribe pursuant

6 to section 7;

7 (3) the term ‘‘Secretary’’ means the Secretary

8 of the Interior; and

9 (4) the ‘‘Indian Reorganization Act’’ means the

10 Act of June 18, 1934 (25 U.S.C. 461 et seq.).

11 SEC. 3. FINDINGS.

12 The Congress finds the following:

13 (1) The Tribe is the political descendant of cer14 tain signatories of the 1785 Treaty of McIntosh (7

15 Stat. 16); the 1789 Treaty of Fort Harmar (7 Stat.

16 28); the 1795 Treaty of Greenville (7 Stat. 49); the

17 1805 Treaty with the Wyandot (7 Stat. 87); the

18 1807 Treaty of Detroit (7 Stat. 105); the 1808

19 Treaty of Detroit (7 Stat. 112); the Treaty of 1815

20 (7 Stat. 131); the Treaty of 1816 (7 Stat. 146); the

21 Treaty of 1817 (7 Stat. 160); the Treaty of 1833

22 (7 Stat. 431); the 1836 Treaty of Washington (7

23 Stat. 503); the 1855 Treaty of Detroit (11 Stat.

24 633); and the Treaty of 1864 (14 Stat. 657).
3

•HR 1608 IH

1 (2) The Tribe is the political successor to the

2 Swan Creek Black River leadership who signed 4 of

3 the forenamed treaties: the 1807 Treaty of Detroit

4 (7 Stat. 105); the 1836 Treaty of Washington (7

5 Stat. 503); the 1855 Treaty of Detroit (11 Stat.

6 633); and the Treaty of 1864 (14 Stat. 657).

7 (3) The aboriginal lands of the Tribe, as de8 fined in the aforementioned treaties, comprise the

9 area which is now located in the State of Michigan,

10 beginning at a point north of the mouth of the

11 Miami River at the present day western boundary of

12 Lenawee County where it intersects with the north13 ern boundary of the State of Ohio, and running due

14 north to a point in Shiawasee County that intersects

15 a parallel of latitude equal to the outlet of Lake

16 Huron which forms the mouth of the St. Clair River,

17 thence running northeast in a direct line to White

18 rock in Huron County, at the shoreline of Lake

19 Huron, thence east until it intersects the boundary

20 lines between the United States of America and

21 Canada at the midpoint of Lake Huron, and thence

22 due south along the centerline of Lake Huron

23 through the River St. Clair, Lake St. Clair, the De24 troit River, and into Lake Erie, to a point where the

25 boundary line of Michigan, Ohio, and Ontario cov-
4

•HR 1608 IH

1 erage and intersect, and thence due southwest along

2 said boundary of Michigan to the boundary line be3 tween Michigan and Ohio, and thence due west to

4 the point and place of beginning.

5 (4) As a result of the cession treaties, from the

6 1807 Treaty of Detroit through the 1836 Treaty of

7 Washington, the Tribe was compelled to withdraw

8 from most of its intrinsically valuable aboriginal

9 lands in southeastern lower Michigan. In return, the

10 Federal Government dedicated specific tracts of res11 ervation land in Macomb and St. Clair Counties in

12 Michigan, and nominal annuity payments by the

13 United States Government were available to tribal

14 members. These annuity payments resulted in 17

15 separate Swan Creek Black River annuities that sur16 vived from 1818 to 1867.

17 (5) The 1836 Treaty of Washington compelled

18 the Tribe to further withdraw from the small tracts

19 of land granted in southeastern lower Michigan by

20 the 1807 Treaty of Detroit, in return for future an21 nuity payments and land west of the Mississippi

22 River. The 1836 treaty did not require any member

23 of the Tribe to move to Kansas and only 51 mem24 bers actually relocated. According to the 1845

25 United States Richmond census, the vast majority of
5

•HR 1608 IH

1 the Tribe under the leadership of Ona Way Tuck

2 Quod Too, migrated north to Lapeer County, Michi3 gan, or remained on smaller tracts of land situated

4 within the boundaries of Macomb, western Wayne,

5 eastern Washtenaw, St. Clair, and southern Oakland

6 Counties.

7 (6) Pursuant to the 1855 Treaty of Detroit,

8 members of the Tribe withdrew and relocated from

9 their remaining lands in Lapeer, Macomb, Wayne,

10 Washtenaw, St. Clair, and Oakland Counties in

11 Michigan, to nonaboriginal, nonhistoric, reservation

12 lands further north in Isabella County, Michigan,

13 where tribal members were eligible for individual

14 land allotments. Many tribal members, however, con15 tinued to remain on land holdings in their aboriginal

16 lands in Lapeer, Macomb, Wayne, Washtenaw, and

17 St. Clair Counties. For administrative convenience,

18 the Federal Government placed multiple tribes on

19 these newly established reservation lands in Isabella

20 County.

21 (7) The stated purpose of the 1855 Treaty of

22 Detroit was to resolve the multiple outstanding legal

23 and equitable claims of all the tribes on the Isabella

24 Indian Reservation against the United States by

25 providing land, annuity payments, and other bene-
6

•HR 1608 IH

1 fits. The intent to maintain separate tribal identities

2 was reflected throughout the 1855 Treaty by ref3 erences to the distinct tribes as separate political en4 tities to the agreement. The Preamble text clearly

5 identified each of the tribes by reference to the sepa6 rate treaties previously signed by each chief or head7 men of their respective tribes. Article 2 of the treaty

8 makes an implied reference to separateness. In Arti9 cle 3, the tribes were expressly separated and indi10 vidually identified by the words ‘‘the said Chippewas

11 of Saginaw, and of Swan Creek and Black River’’.

12 Finally, Article 6 specifically dispels the notion that

13 the grouping of the Swan Creek and Black River

14 Tribes and the Saginaw Chippewa Tribe should be

15 for anything more than the specific purpose of Fed16 eral administrative convenience. The temporary

17 counsel as a tribal organization, was without perma18 nent delegation by providing that: ‘‘The tribal orga19 nization of said Indians, except so far as may be

20 necessary for the purpose of carrying into effect the

21 provisions of this agreement, is hereby dissolved.’’

22 The reference to the ‘‘Tribal Organization’’ dissolved

23 refers only to the entity that would provide distribu24 tion of land as required by the treaty of 1855.
7

•HR 1608 IH

1 (8) Over time and without justification, the

2 Federal Government unilaterally lapsed its relation3 ship with the Tribe through the treaties described

4 above. The Tribe brought suit against the Federal

5 Government for amounts past due under those trea6 ties. In 1910 and 1924, the Congress enacted juris7 dictional acts (36 Stat. 829 and 43 Stat. 137, re8 spectively) to enable both the Tribe and the Saginaw

9 Band of Chippewa, as distinct plaintiffs, to file their

10 respective claims against the United States. These

11 claims, filed in 1927, were later incorporated into a

12 combined cause of action for purposes of Federal ad13 ministrative convenience into Indian Claims Com14 mission Dockets 57, 59, 13–E, 13–H, and 13–1,

15 and United Claims Court Docket 13–F. However,

16 the 2 distinct tribes were retained in the distribution

17 judgment, and Congress ratified the same in 1986

18 through enactment of Public Law 99–346 (100 Stat.

19 674).

20 (9) In 1935, the Tribe petitioned for reorga21 nization and sought to reaffirm its sovereign status

22 by requesting assistance pursuant to the Indian Re23 organization Act.

24 (10) In 1939, without resolution of the Tribe’s

25 demand for recognition and reaffirmation, agents of
8

•HR 1608 IH

1 the Federal Government made an administrative de2 cision not to provide services or extend benefits pur3 suant to the Indian Reorganization Act to any addi4 tional Indian tribes located in Michigan’s lower pe5 ninsula. The Swan Creek Black River Ojibwa was a

6 signatory and recognized by the following treaties;

7 the 1807 Treaty of Detroit (7 Stat. 105), the 1819

8 Treaty of Saginaw (7 Stat. 203), the March 28,

9 1836 Treaty of Washington (7 Stat. 491), and the

10 May 9, 1836 Treaty of Washington (7 Stat. 503),

11 therefore, their petition under the Indian Reorga12 nization Act should have been honored as other

13 Michigan tribes. Additionally, the Swan Creek Black

14 River Tribe has never been formally dissolved by the

15 Federal Government.

16 (11) Despite administrative denials of requests

17 by the Tribe to establish an organization according

18 to Federal forms of tribal government, the Tribe

19 continued to carry out its traditional sovereign tribal

20 functions through various formal and informal polit21 ical institutions, social structures, and actions, in22 cluding a representative Tribal Council. Between

23 1937 and 1991, the Tribe conducted many of its

24 governmental functions through tribal based associa25 tions organized by Swan Creek Black River mem-
9

•HR 1608 IH

1 bers, including the Saginaw Rural and Urban Indian

2 Association. In 1991, the Tribe chartered within the

3 State a historic, nonprofit, tribal government, and

4 agreed to seek Federal reaffirmation of its Confed5 eration of Swan Creek and Black River Ojibwa

6 Bands as a distinct sovereign tribe.

7 (12) Other tribes in Michigan, whose members

8 are descendants of the signatories to 1 or more of

9 the treaties listed in section 3(1) have been acknowl10 edged, reaffirmed, and restored by the Federal Gov11 ernment as distinct Indian tribes, separate and

12 apart, including the Pokagon Band of Potawatomi

13 Indians, the Huron Potawatomi Band of Indians,

14 the Grand Traverse Band of Ottawa and Chippewa

15 Indians, the Sault St. Marie Tribe of Chippewa Indi16 ans, the Bay Mills Band of Chippewa Indians, the

17 Little Traverse Bay Bands of Ottawa Indians, and

18 the Match-E-Be-Nash-She-Wish Potawatomi. Due

19 process and treaty rights require that restoration be

20 provided for the Tribe.

21 (13) In light of the Federal treaty relations be22 tween the Tribe and the United States, recognition

23 as a tribe as defined by Acts of Congress, to provide

24 Federal restoration of the Tribe’s rights in lands

25 and funds, it is appropriate for Congress to restore,
10

•HR 1608 IH

1 affirm, and clarify the Federal relationship of the

2 Tribe in the same manner as Congress has affirmed

3 Federal recognition of the Lac Vieux Desert Band

4 of Lake Superior Chippewa Indians, the Sault St.

5 Marie Band of Chippewa, the Pokagon Band of Pot6 awatomi Indians, the Little Traverse Bay Bands of

7 Odawa Indians, and the Little River Band of Ot8 tawa Indians.

9 SEC. 4. FEDERAL REAFFIRMATION AND RESTORATION.

10 (a) FEDERAL REAFFIRMATION AND RESTORA11 TION.—Federal recognition of the Swan Creek Black

12 River Confederated Ojibwa Tribes of Michigan Indians is

13 hereby restored and reaffirmed. All laws and regulations

14 of the United States of general application to Indians or

15 nations, tribes, or bands of Indians, including the Act of

16 June 18, 1934 (25 U.S.C. 461 et seq.) which are not in17 consistent with any specific provision of this Act, shall be

18 applicable to the Tribe and its members.

19 (b) FEDERAL SERVICES AND BENEFITS.—

20 (1) IN GENERAL.—The Tribe and its members

21 shall be eligible, on and after the date of the enact22 ment of this Act, for all future services and benefits

23 provided by the Federal Government to federally rec24 ognized Indian tribes without regard to the existence

25 of a reservation for the Tribe or the location of the
11

•HR 1608 IH

1 residence of any member on or near any Indian res2 ervation.

3 (2) SERVICE AREA.—For purposes of the deliv4 ery of Federal services to enrolled members of the

5 Tribe, the Tribe’s service area shall be deemed to be

6 the area comprised of Monroe, Lapeer, Lenawee,

7 Wayne, Oakland, Macomb, St. Clair, Washtenaw,

8 and portions of Sanilac, Shiawassee, Genesee, and

9 Tuscola Counties that were lands in southeastern

10 lower Michigan reserved to the Swan Creek Black

11 River Bands in the 1807 Treaty of Detroit (as later

12 confirmed in the Treaty of 1864).

13 SEC. 5. REAFFIRMATION OF RIGHTS.

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

15 Tribe, and the members thereof, which may have been ab16 rogated or diminished before the date of enactment of this

17 Act are hereby restored.

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

19 Act shall be construed to diminish any right or privilege

20 of the Tribe, or the members thereof, that existed prior

21 to the date of enactment of this Act. Except as otherwise

22 specifically provided in any other provision of this Act,

23 nothing in this Act shall be construed as altering or affect24 ing any legal or equitable claim the Tribe may have to

25 enforce any right or privilege reserved by or granted to
12

•HR 1608 IH

1 the Tribe which was wrongfully denied or taken from the

2 Tribe prior to the enactment of this Act.

3 SEC. 6. TRIBAL LANDS.

4 The tribal lands of the Tribe shall consist of all real

5 property, now or hereafter held in trust for the Tribe. Pur6 suant to section 5 of the Act of June 18, 1934 (25 U.S.C.

7 465), not later than 6 months after the date of the enact8 ment of this Act, the Secretary shall acquire and take into

9 trust for the benefit of the Tribe not less than 250 acres

10 of land located in the service area specified in section

11 4(b)(2) as restored lands for the Tribe. Such land shall

12 become the initial reservation of the Tribe. Thereafter, the

13 Secretary may accept additional land in trust for the ben14 efit of the Tribe within its service area and such additional

15 land shall become part of the Tribe’s reservation.

16 SEC. 7. MEMBERSHIP.

17 Not later than 18 months after the date of the enact18 ment of this Act, the Tribe shall submit to the Secretary

19 a membership roll consisting of all individuals enrolled as

20 members of the Tribe. The qualification for inclusion on

21 the membership roll of the Tribe shall be determined in

22 accordance with Article II, section 1, paragraph (a) of the

23 Tribe’s Constitution. The Tribe shall ensure that such

24 membership roll is maintained and kept current.
13

•HR 1608 IH

1 SEC. 8. CONSTITUTION AND GOVERNING BODY.

2 (a) CONSTITUTION.—

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

4 after the date of the enactment of this Act, the

5 Tribe shall conduct, by secret ballot, an election to

6 adopt a constitution and bylaws for the Tribe.

7 (2) INTERIM GOVERNING DOCUMENTS.—Until

8 such time as a new constitution is adopted under

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

10 the date of enactment of this Act shall be the in11 terim governing documents for the Tribe.

12 (b) OFFICIALS.—

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

14 the Tribe adopts a constitution and bylaws pursuant

15 to subsection (a), the Tribe shall conduct elections

16 by secret ballot for the purpose of electing officials

17 for the Tribe as provided in the constitution and by18 laws.

19 (2) INTERIM GOVERNMENT.—Until such time

20 as the Tribe elects new officials pursuant to para21 graph (1), the governing body of the Tribe shall be

22 the governing body in place on the date of the enact23 ment of this Act, or any new governing body selected

24 under the election procedures specified in the in25 terim governing documents of the Tribe.
14

•HR 1608 IH

1 SEC. 9. JURISDICTION.

2 The Tribe shall have jurisdiction to the full extent

3 allowed by law over all lands taken into trust for the ben4 efit of the Tribe by the Secretary. The Tribe shall exercise

5 jurisdiction over all its members, who reside within its

6 service area, as specified in section 4(b)(2), in matters

7 pursuant to the Indian Child Welfare Act of 1978 (25

8 U.S.C. 1901 et seq.) as if the members were residing upon

9 a reservation as defined in that Act.

Æ