I

104TH CONGRESS

1ST SESSION H. R. 377

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

JANUARY 4, 1995

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 Act’’.

6 SEC. 2. FINDINGS.

7 Congress finds the following:

8 (1) The Burt Lake Band of Ottawa and Chip9 pewa Indians are descendants and political succes-
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1 sors to the signatories of the 1836 Treaty of Wash2 ington and the 1855 Treaty of Detroit.

3 (2) The Grand Traverse Band of Ottawa and

4 Chippewa Indians, the Sault Ste. Marie Tribe of

5 Chippewa Indians, and the Bay Mills Band of Chip6 pewa Indians, whose members are also descendants

7 of the signatories to the 1836 Treaty of Washington

8 and the 1855 Treaty of Detroit, have been recog9 nized by the Federal Government as distinct Indian

10 tribes.

11 (3) The Burt Lake Band of Ottawa and Chip12 pewa Indians consists of over 600 eligible members

13 who continue to reside close to their ancestral home14 land as recognized in the Cheboygan Reservation in

15 the 1836 Treaty of Washington and 1855 Treaty of

16 Detroit, which area is now known as Cheboygan

17 County, Michigan.

18 (4) The Band continues its political and social

19 existence with a viable tribal government. The Band,

20 along with other Michigan Odawa/Ottawa groups,

21 including the tribes described in paragraph (2),

22 formed the Northern Michigan Ottawa Association

23 in 1948. The Association subsequently pursued a

24 successful land claim with the Indian Claims Com25 mission.
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1 (5) Between 1948 and 1975, the Band carried

2 out many of their governmental functions through

3 the Northern Michigan Ottawa Association, while re4 taining individual Band control over local decisions.

5 (6) In 1975, the Northern Michigan Ottawa As6 sociation petitioned under the Act of June 18, 1934

7 (25 U.S.C. 461 et seq.; commonly referred to as the

8 ‘‘Indian Reorganization Act’’), to form a government

9 on behalf of the Band. Again, in spite of the Band’s

10 eligibility, the Bureau of Indian Affairs failed to act.

11 (7) The United States Government, the govern12 ment of the State of Michigan, and local govern13 ments have had continuous dealings with the recog14 nized political leaders of the Band from 1836 to the

15 present.

16 SEC. 3. DEFINITIONS.

17 For purposes of this Act—

18 (1) the term ‘‘Band’’ means the Burt Lake

19 Band of Ottawa and Chippewa Indians;

20 (2) the term ‘‘member’’ means those individuals

21 enrolled in the Band pursuant to section 7; and

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

23 of the Interior.
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1 SEC. 4. FEDERAL RECOGNITION.

2 (a) FEDERAL RECOGNITION.—Federal recognition of

3 the Burt Lake Band of Ottawa and Chippewa Indians is

4 hereby reaffirmed. All laws and regulations of the United

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

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

7 (25 U.S.C. 461 et seq., commonly referred to as the ‘‘In8 dian Reorganization Act’’), which are inconsistent with

9 any specific provision of this Act shall not be applicable

10 to the Band and its members.

11 (b) FEDERAL SERVICES AND BENEFITS.—

12 (1) IN GENERAL.—The Band and its members

13 shall be eligible for all services and benefits provided

14 by the Federal Government to Indians because of

15 their status as federally recognized Indians, and not16 withstanding any other provision of law, such serv17 ices and benefits shall be provided after the date of

18 the enactment of this Act to the Band and its mem19 bers without regard to the existence of a reservation

20 or the location of the residence of any member on

21 or near any Indian reservation.

22 (2) SERVICE AREAS.—For purposes of the de23 livery of Federal services to the enrolled members of

24 the Band, the area of the State of Michigan within

25 70 miles of the boundaries of the reservation for the

26 Burt Lake Band as set out in Article I, paragraph
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1 ‘‘seventh’’ of the Treaty of 1855 (11 Stat. 621),

2 shall be deemed to be within or near a reservation,

3 notwithstanding the establishment of a reservation

4 for the tribe after the date of the enactment of this

5 Act. Services may be provided to members outside

6 the named service area unless prohibited by law or

7 regulation.

8 SEC. 5. REAFFIRMATION OF RIGHTS.

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

10 Band and its members, which may have been abrogated

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

12 are hereby reaffirmed.

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

14 Act shall be construed to diminish any right or privilege

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

16 of the enactment of this Act. Except as otherwise specifi17 cally provided in any other provision of this Act, nothing

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

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

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

21 was wrongfully denied to or taken from the Band before

22 the enactment of this Act.

23 SEC. 6. TRIBAL LANDS.

24 The Band’s tribal lands shall consist of all real prop25 erty, now or hereafter held by, or in trust for, the Band.
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1 The Secretary shall acquire real property for the Band.

2 Any such property shall be taken by the Secretary in the

3 name of the United States in trust for the benefit of the

4 Band and shall become part of the Band’s reservation.

5 SEC. 7. MEMBERSHIP.

6 Not later than 18 months after the date of the enact7 ment of this Act, the Band shall submit to the Secretary

8 a membership roll consisting of all individuals currently

9 enrolled for membership in the Band. The qualifications

10 for inclusion on the membership roll of the Band shall be

11 determined by the membership clauses in the Band’s gov12 erning document, in consultation with the Secretary. Upon

13 completion of the roll, the Secretary shall immediately

14 publish notice of such in the Federal Register. The Band

15 shall ensure that such roll is maintained and kept current.

16 SEC. 8. CONSTITUTION AND GOVERNING BODY.

17 (a) CONSTITUTION.—

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

19 after the date of the enactment of this Act, the Sec20 retary shall conduct by secret ballot elections for the

21 purpose of adopting a new constitution for the

22 Band. The elections shall be held according to the

23 procedures applicable to elections under section 16

24 of the Act of June 18, 1934 (25 U.S.C. 476; com-
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1 monly referred to as the ‘‘Indian Reorganization

2 Act’’).

3 (2) INTERIM GOVERNING DOCUMENTS.—Until

4 such time as a new constitution is adopted under

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

6 the date of the enactment of this Act shall be the

7 interim governing documents for the Band.

8 (b) OFFICIALS.—

9 (1) ELECTIONS.—Not later than 6 months

10 after the Band adopts their constitution and bylaws

11 pursuant to subsection (a), the Band shall conduct

12 elections by secret ballot for the purpose of electing

13 officials for the Band as provided in the Band’s gov14 erning constitution. The elections shall be conducted

15 according to the procedures described in the Band’s

16 constitution and bylaws.

17 (2) INTERIM GOVERNMENTS.—Until such time

18 as the Band elects new officials pursuant to para19 graph (1), the Band’s governing bodies shall be

20 those bodies in place on the date of the enactment

21 of this Act, or any new governing bodies selected

22 under the election procedures specified in the respec23 tive interim governing documents of the Band.

Æ