I 

118TH CONGRESS 

1ST SESSION H. R. 5732 

To reaffirm and clarify the Federal relationships of the Grand River Bands 

of Ottawa Indians of Michigan as a federally recognized Indian tribe, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 26, 2023 

Ms. SCHOLTEN (for herself, Mr. MOOLENAAR, Mr. KILDEE, Mr. BERGMAN, 

Mrs. MCCLAIN, Mr. WALBERG, Ms. STEVENS, and Ms. SLOTKIN) introduced the following bill; which was referred to the Committee on Natural 

Resources 

A BILL 

To reaffirm and clarify the Federal relationships of the 

Grand River Bands of Ottawa Indians of Michigan as 

a 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 ‘‘Grand River Bands 

5 of Ottawa Indians Restoration Act of 2023’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) The Tribe consists of the 19 bands of Indi2 ans who occupied territory in what is now west 

3 Michigan, including the counties of Kent, Ottawa, 

4 Muskegon, Newaygo, and Oceana. 

5 (2) The Tribe consists of descendants of, and 

6 political successors to, signatories of the 1821 Trea7 ty of Chicago, 1836 Treaty of Washington, and the 

8 1855 Treaty of Detroit. 

9 (3) In 1994, Public Law 103–324 (108 Stat. 

10 2156) recognized two Michigan Ottawa tribes whose 

11 histories are virtually identical to that of the Grand 

12 River Bands, the Little River Band of Ottawa Indi13 ans and the Little Traverse Bay Bands of Odawa 

14 Indians. 

15 (4) The Commissioner of Indian Affairs, Morris 

16 Thompson, and Congress, via Public Law 103–324, 

17 specifically recognized that the Northern Michigan 

18 Ottawa Association and the Grand River Bands De19 scendant’s Committee, whose membership included 

20 the Grand River Bands, were ‘‘functioning as or at 

21 least are accepted as tribal political entities by the 

22 Minneapolis Area and Great Lakes Agency’’. 

23 (5) The State of Michigan recognized the Tribe 

24 in 1996. 


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1 (6) In 1997, the Michigan Indian Land Claims 

2 Settlement Act (Public Law 105–143) reserved a 

3 percentage of the funds appropriated for payment of 

4 land claims to ‘‘newly recognized or reaffirmed tribes 

5 described in section 110’’. Section 110 of that law 

6 states that eligible non-recognized tribes are those— 

7 (A) that are signatory to either the 1836 

8 Treaty or the 1855 Treaty; 

9 (B) whose members are predominately 

10 Chippewa and Ottawa; and 

11 (C) that file a documented petition by De12 cember 15, 2000. 

13 (7) The Tribe was the only unrecognized Michi14 gan tribe that met the requirements of section 110 

15 of the Michigan Indian Land Claims Settlement Act. 

16 (8) The Tribe was instrumental in the filing of 

17 the original land claim and is comprised of descend18 ants of members who signed the Treaties of 1820, 

19 1836, and 1855. 

20 (9) The Tribe filed a fully documented petition 

21 with the Bureau of Indian Affairs on December 8, 

22 2000, and thus met the Act’s filing deadline. 

23 (10) After the Tribe filed its petition in 2000, 

24 the Bureau of Indian Affairs did not issue a tech25 nical assistance letter until 2005. The Tribe reVerDate Sep 11 2014 20:43 Oct 01, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5732.IH H5732

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1 sponded fully in 2006, but still has not been recog2 nized. 

3 (11) The Bureau of Indian Affairs did not meet 

4 its legal requirement under the Michigan Indian 

5 Land Claims Settlement Act to recognize the Tribe, 

6 and the Tribe is still in the recognition process al7 most 26 years later. 

8 (12) The Tribe met all of the criteria for dis9 tribution of the judgment funds reserved for an un10 recognized tribe under section 110 of the Michigan 

11 Indian Land Claims Settlement Act. However, the 

12 tribal funds reverted back to the Treasury, which 

13 was a gross miscarriage of justice because the Tribe 

14 was a full participant in the claims litigation before 

15 the Indian Claim Commission that gave rise to the 

16 judgment award. 

17 (13) For every year that the Bureau of Indian 

18 Affairs does not act on the Tribe’s petition, the 

19 Tribe is unable to meet any needs for its members 

20 for social services, education, housing and elder care. 

21 (14) The Tribe filed for reorganization of its 

22 existing Tribal governments in 1935 under the Act 

23 of June 18, 1934 (25 U.S.C. 461 et seq. (commonly 

24 referred to as the ‘‘Indian Reorganization Act’’)). 

25 Federal agents who visited the Tribe, including 


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1 Commissioner of Indian Affairs John Collier, at2 tested to the continued social and political existence 

3 of the Tribe and concluded that the Tribe was eligi4 ble for reorganization. Due to a lack of Federal ap5 propriations to implement the provisions of the In6 dian Reorganization Act, the Tribe was denied the 

7 opportunity to reorganize. 

8 (15) In 1939, agents of the Federal Govern9 ment made an administrative decision not to provide 

10 services or extend the benefits of the Indian Reorga11 nization Act to any Indian tribes in Michigan’s lower 

12 peninsula. 

13 (16) In spite of such denial, the Tribe contin14 ued their political and social existence with a viable 

15 Tribal government. The Tribe, along with other 

16 Michigan Odawa/Ottawa groups, including the Little 

17 Traverse Bay Bands of Odawa Indians, the Grand 

18 Traverse Band of Ottawa and Chippewa Indians, 

19 and the Little River Band of Ottawa Indians, 

20 formed the Northern Michigan Ottawa Association 

21 in 1948. The Association subsequently pursued a 

22 successful land claim with the Indian Claims Com23 mission. 

24 (17) Between 1948 and 1975, the Tribe carried 

25 out many of its governmental functions through the 


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1 Northern Michigan Ottawa Association, while retain2 ing individual Tribal control over local decisions. 

3 (18) The Federal Government, the governments 

4 of the State of Michigan, and local governments 

5 have had continuous dealings with the recognized 

6 political leaders of the Tribe from 1821 to present. 

7 SEC. 3. DEFINITIONS. 

8 In this Act: 

9 (1) MEMBER.—The term ‘‘member’’ means an 

10 individual who is enrolled in the Tribe pursuant to 

11 section 7. 

12 (2) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of the Interior. 

14 (3) TRIBE.—The term ‘‘Tribe’’ means the 

15 Grand River Bands of Ottawa Indians of Michigan. 

16 SEC. 4. FEDERAL RECOGNITION. 

17 (a) IN GENERAL.—Federal recognition of the Tribe 

18 is hereby affirmed. 

19 (b) EFFECT OF FEDERAL LAWS.—Except as other20 wise provided in this Act, all Federal laws (including regu21 lations) of general application to Indians and Indian 

22 tribes, including the Act of June 18, 1934 (25 U.S.C. 

23 5101 et seq.; commonly known as the ‘‘Indian Reorganiza24 tion Act’’), shall apply to the Tribe and members. 


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1 SEC. 5. FEDERAL SERVICES AND BENEFITS. 

2 (a) IN GENERAL.—The Tribe and each member shall 

3 be eligible for all services and benefits provided by the 

4 United States to Indians and federally recognized Indian 

5 tribes, without regard to— 

6 (1) the existence of a reservation for the Tribe; 

7 or 

8 (2) the location of the residence of any member 

9 on or near an Indian reservation. 

10 (b) SERVICE AREA.—For purposes of the delivery of 

11 services and benefits to members, the service area of the 

12 Tribe shall be Newaygo, Oceana, Kent, Muskegon and Ot13 tawa Counties in Michigan. 

14 SEC. 6. REAFFIRMATION OF RIGHTS. 

15 (a) IN GENERAL.—Nothing in this Act diminishes 

16 any right or privilege of the Tribe or any member that 

17 existed before the date of the enactment of this Act. 

18 (b) CLAIMS OF TRIBE.—Except as otherwise pro19 vided in this Act, nothing in this Act alters or affects any 

20 legal or equitable claim of the Tribe to enforce any right 

21 or privilege reserved by, or granted to, the Tribe that was 

22 wrongfully denied to, or taken from, the Tribe before the 

23 date of the enactment of this Act. 

24 SEC. 7. MEMBERSHIP ROLL. 

25 (a) IN GENERAL.—As a condition of receiving rec26 ognition, services, and benefits pursuant to this Act, not 


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1 later than 18 months after the date of the enactment of 

2 this Act, the Tribe shall submit to the Secretary a mem3 bership roll consisting of the name of each individual en4 rolled as a member of the Tribe. 

5 (b) DETERMINATION OF MEMBERSHIP.—The quali6 fications for inclusion on the membership roll of the Tribe 

7 shall be determined in accordance with the Tribe’s gov8 erning documents. 

9 (c) MAINTENANCE OF ROLL.—The Tribe shall main10 tain the membership roll under this section. 

11 SEC. 8. ACQUISITION OF LAND. 

12 (a) HOMELAND.—The Secretary shall— 

13 (1) acquire, for the benefit of the Tribe, trust 

14 title to land within Muskegon, Newaygo, or Oceana 

15 Counties; and 

16 (2) accept into trust any real property located 

17 in those counties for the benefit of the Grand River 

18 Bands of Ottawa Indians, if— 

19 (A) conveyed or otherwise transferred to 

20 the Secretary; and 

21 (B) at the time of such acceptance, there 

22 are not adverse legal claims on such property, 

23 including outstanding liens, mortgages or taxes 

24 owed. 


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1 (b) ADDITIONAL ACQUISITIONS; TRUST LAND.—The 

2 Secretary may— 

3 (1) acquire additional land for the benefit of the 

4 Tribe pursuant to section 5 of the Act of June 18, 

5 (25 U.S.C. 5108; commonly known as the ‘‘Indian 

6 Reorganization Act’’); and 

7 (2) take into trust for the benefit of the Tribe 

8 any land held in fee by the Tribe, if such lands are 

9 located within the boundaries of, Kent and Ottawa 

10 Counties in Michigan. 

11 (c) DEADLINE FOR DETERMINATION.—The Sec12 retary shall— 

13 (1) make a final written determination not later 

14 than 18 months of the date which the Tribe submits 

15 a request for land to be taken into trust under sub16 section (a)(1); and 

17 (2) immediately make the determination under 

18 paragraph (1) available to the Tribe. 

19 (d) RESERVATION STATUS.—Any land taken into 

20 trust for the benefit of the Tribe pursuant to this para21 graph shall, upon request of the Tribe, be considered part 

22 of the reservation of the Tribe. 

Æ 


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