Union Calendar No. 203

105TH CONGRESS

1ST SESSION H. R. 948

[Report No. 105–351]

A BILL

To reaffirm and clarify the Federal relationship of

nized Indian Tribe, and for other purposes.the Burt Lake Band as a distinct federally recogOCTOBER 28, 1997

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
IB

Union Calendar No. 203

105TH CONGRESS

1ST SESSION H. R. 948

[Report No. 105–351]

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

MARCH 5, 1997

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

Committee on Resources

OCTOBER 28, 1997

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

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’’.
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1 SEC. 2. FINDINGS.

2 Congress finds the following:

3 (1) The Burt Lake Band of Ottawa and Chip4 pewa Indians are descendants and political succes5 sors to the signatories of the 1836 Treaty of Wash6 ington and the 1855 Treaty of Detroit.

7 (2) The Grand Traverse Band of Ottawa and

8 Chippewa Indians, Little Traverse Bay Band of

9 Odawa Indians, the Little River Band of Ottawa,

10 the Sault Ste. Marie Tribe of Chippewa Indians, and

11 the Bay Mills Band of Chippewa Indians, whose

12 members are also descendants of the signatories to

13 the 1836 Treaty of Washington and the 1855 Trea14 ty of Detroit, have been recognized by the Federal

15 Government as distinct Indian tribes.

16 (3) The Burt Lake Band of Ottawa and Chip17 pewa Indians consists of over 650 eligible members

18 who continue to reside close to their ancestral home19 land as recognized in the Cheboygan Reservation in

20 the 1836 Treaty of Washington and 1855 Treaty of

21 Detroit, which area is now known as Cheboygan

22 County, Michigan.

23 (4) The Band continues its political and social

24 existence with a viable tribal government. The Band,

25 along with other Michigan Odawa/Ottawa groups,

26 including the tribes described in paragraph (2),
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1 formed the Northern Michigan Ottawa Association

2 in 1948. The Association subsequently pursued a

3 successful land claim with the Indian Claims Com4 mission.

5 (5) Between 1948 and 1975, the Band carried

6 out many of their governmental functions through

7 the Northern Michigan Ottawa Association, while re8 taining individual Band control over local decisions.

9 (6) In 1935, the Band petitioned under the Act

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

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

12 form a government on behalf of the Band. Again, in

13 spite of the Band’s eligibility, the Bureau of Indian

14 Affairs failed to act.

15 (7) The United States Government, the govern16 ment of the State of Michigan, and local govern17 ments have had continuous dealings with the recog18 nized political leaders of the Band from 1836 to the

19 present.

20 SEC. 3. DEFINITIONS.

21 For purposes of this Act—

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

23 Band of Ottawa and Chippewa Indians;

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

25 enrolled in the Band pursuant to section 7; and
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1 (3) the term ‘‘Secretary’’ means the Secretary

2 of the Interior.

3 SEC. 4. FEDERAL RECOGNITION.

4 (a) FEDERAL RECOGNITION.—Federal recognition of

5 the Burt Lake Band of Ottawa and Chippewa Indians is

6 hereby reaffirmed. All laws and regulations of the United

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

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

9 (25 U.S.C. 461 et seq., commonly referred to as the ‘‘In10 dian Reorganization Act’’), which are inconsistent with

11 any specific provision of this Act shall not be applicable

12 to the Band and its members.

13 (b) FEDERAL SERVICES AND BENEFITS.—

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

15 shall be eligible for all services and benefits provided

16 by the Federal Government to Indians because of

17 their status as federally recognized Indians, and not18 withstanding any other provision of law, such serv19 ices and benefits shall be provided after the date of

20 the enactment of this Act to the Band and its mem21 bers without regard to the existence of a reservation

22 or the location of the residence of any member on

23 or near any Indian reservation.

24 (2) SERVICE AREAS.—For purposes of the de25 livery of Federal services to the enrolled members of
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1 the Band, the area of the State of Michigan within

2 70 miles of the boundaries of the reservation for the

3 Burt Lake Band as set out in Article I, paragraph

4 ‘‘seventh’’ of the Treaty of 1855 (11 Stat. 621),

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

6 notwithstanding the establishment of a reservation

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

8 Act. Services may be provided to members outside

9 the named service area unless prohibited by law or

10 regulation.

11 SEC. 5. REAFFIRMATION OF RIGHTS.

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

13 Band and its members, which may have been abrogated

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

15 are hereby reaffirmed.

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

17 Act shall be construed to diminish any right or privilege

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

19 of the enactment of this Act. Except as otherwise specifi20 cally provided in any other provision of this Act, nothing

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

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

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

24 was wrongfully denied to or taken from the Band before

25 the enactment of this Act.
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1 SEC. 6. TRIBAL LANDS.

2 The Band’s tribal lands shall consist of all real prop3 erty, now or hereafter held by, or in trust for, the Band.

4 The Secretary shall acquire real property for the Band.

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

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

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

8 SEC. 7. MEMBERSHIP.

9 Not later than 18 months after the date of the enact10 ment of this Act, the Band shall submit to the Secretary

11 a membership roll consisting of all individuals currently

12 enrolled for membership in the Band. The qualifications

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

14 determined by the membership clauses in the Band’s gov15 erning document, in consultation with the Secretary. Upon

16 completion of the roll, the Secretary shall immediately

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

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

19 SEC. 8. CONSTITUTION AND GOVERNING BODY.

20 (a) CONSTITUTION.—

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

22 after the date of the enactment of this Act, the Sec23 retary shall conduct by secret ballot elections for the

24 purpose of adopting a new constitution for the

25 Band. The elections shall be held according to the

26 procedures applicable to elections under section 16
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1 of the Act of June 18, 1934 (25 U.S.C. 476; com2 monly referred to as the ‘‘Indian Reorganization

3 Act’’).

4 (2) INTERIM GOVERNING DOCUMENTS.—Until

5 such time as a new constitution is adopted under

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

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

8 interim governing documents for the Band.

9 (b) OFFICIALS.—

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

11 after the Band adopts their constitution and bylaws

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

13 elections by secret ballot for the purpose of electing

14 officials for the Band as provided in the Band’s gov15 erning constitution. The elections shall be conducted

16 according to the procedures described in the Band’s

17 constitution and bylaws.

18 (2) INTERIM GOVERNMENTS.—Until such time

19 as the Band elects new officials pursuant to para20 graph (1), the Band’s governing bodies shall be

21 those bodies in place on the date of the enactment

22 of this Act, or any new governing bodies selected

23 under the election procedures specified in the respec24 tive interim governing documents of the Band.