II 

109TH CONGRESS 

1ST SESSION S. 437 

To expedite review of the Grand River Band of Ottawa Indians of Michigan 

to secure a timely and just determination of whether that group is 

entitled to recognition as a Federal Indian tribe. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 17, 2005 

Mr. LEVIN (for himself and Ms. STABENOW) introduced the following bill; 

which was read twice and referred to the Committee on Indian Affairs 

A BILL 

To expedite review of the Grand River Band of Ottawa 

Indians of Michigan to secure a timely and just determination of whether that group is entitled to recognition 

as a Federal Indian tribe. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Grand River Band of Ottawa Indians of Michigan Refer6 ral Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 
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Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—REFERRAL TO THE SECRETARY 

Sec. 101. Purpose. 

Sec. 102. Report. 

Sec. 103. Action by Congress. 

TITLE II—MEMBERSHIP; JURISDICTION; LAND 

Sec. 201. Recognition. 

Sec. 202. Membership. 

Sec. 203. Federal services and benefits. 

Sec. 204. Rights of the Tribe. 

Sec. 205. Tribal funds. 

Sec. 206. Jurisdiction of trust land. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) BAND; TRIBE.—The terms ‘‘Band’’ and 

4 ‘‘Tribe’’ mean the Grand River Band of the Ottawa 

5 Indians of Michigan. 

6 (2) DATE OF RECOGNITION.—The term ‘‘date 

7 of recognition’’ means the date on which recognition 

8 of the Tribe by the Secretary was published in the 

9 Federal Register under section 201. 

10 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

11 has the meaning given the term in section 4 of the 

12 Indian Self-Determination and Education Assistance 

13 Act (25 U.S.C. 450b). 

14 (4) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of the Interior. 
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1 TITLE I—REFERRAL TO THE 

2 SECRETARY 

3 SEC. 101. PURPOSE. 

4 The purpose of this title is to obtain an expedited 

5 review of the petition of the Band in order to secure a 

6 timely and just determination of whether the Band is enti7 tled to recognition as a Federal Indian tribe under the 

8 rules that govern the recognition of a new group as an 

9 Indian tribe. 

10 SEC. 102. REPORT. 

11 (a) IN GENERAL.—Not later than August 31, 2005, 

12 the Secretary shall review the petition of the Band and 

13 submit to Congress a report describing the findings of the 

14 Secretary regarding whether— 

15 (1) the majority of members of the Band are 

16 descendants of, and political successors to, signato17 ries of— 

18 (A) the treaty made and concluded at Chi19 cago, in the State of Illinois, between Lewis 

20 Cass and Solomon Sibley, Commissioners of the 

21 United States, and the Ottawa, Chippewa, and 

22 Pottawatamie, Nations of Indians on August 

23 29, 1821 (7 Stat. 218); 

24 (B) the treaty made and concluded at the 

25 city of Washington in the District of Columbia, 
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1 between Henry R. Schoolcraft, commissioner on 

2 the part of the United States, and the Ottawa 

3 and Chippewa nations of Indians, by their 

4 chiefs and delegates on March 28, 1836 (7 

5 Stat. 491); and 

6 (C) the articles of agreement and conven7 tion made and concluded at the city of Detroit, 

8 in the State of Michigan, July 31, 1855, be9 tween George W. Manypenny and Henry C. Gil10 bert, commissioners on the part of the United 

11 States, and the Ottawa and Chippewa Indians 

12 of Michigan, parties to the treaty of March 28, 

13 1836; 

14 (2) the history of the Band parallels the history 

15 of Indian tribes the members of which are descend16 ants of the signatories to the treaties described in 

17 subparagraphs (B) and (C) of paragraph (1), includ18 ing— 

19 (A) the Grand Traverse Band of Ottawa 

20 and Chippewa Indians; 

21 (B) the Sault Ste. Marie Tribe of Chip22 pewa Indians; 

23 (C) the Bay Mills Band of Chippewa Indi24 ans; 
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1 (D) the Little Traverse Bay Band of 

2 Odawa Indians; and 

3 (E) the Little River Band of Ottawa Indi4 ans; 

5 (3) the majority of members of the Band con6 tinue to reside in the ancestral homeland of the 

7 Band (which is now the Western lower quadrant of 

8 the State of Michigan), as recognized in the treaties 

9 described in paragraph (1); 

10 (4)(A) the Band filed for reorganization of the 

11 tribal government of the Band in 1935 under the 

12 Act of June 18, 1934 (commonly referred to as the 

13 ‘‘Indian Reorganization Act’’) (25 U.S.C. 461 et 

14 seq.); 

15 (B) the Commissioner of Indian Affairs attested 

16 to the continued social and political existence of the 

17 Band and concluded that the Band was eligible for 

18 reorganization; and 

19 (C) due to a lack of Federal appropriations to 

20 implement the provisions of the Indian Reorganiza21 tion Act, the Band was denied the opportunity to re22 organize; 

23 (5)(A) the Band continued political and social 

24 existence as a viable tribal government during the 

25 participation of the Band in the Northern Michigan 
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1 Ottawa Association in 1948, which subsequently 

2 pursued a successful land claim with the Indian 

3 Claims Commission; and 

4 (B) the Band carried out tribal governmental 

5 functions through the Northern Michigan Ottawa 

6 Association while retaining control over local deci7 sions; 

8 (6) the Federal Government, the government of 

9 the State of Michigan, and local governments have 

10 had continuous dealings with recognized political 

11 leaders of the Band from 1836 to the present; and 

12 (7) the Band was included in the Michigan In13 dian Land Claims Settlement Act (Public Law 105– 

14 143; 111 Stat. 2652) and was required to submit a 

15 fully documented petition not later than December 

16 15, 2000, to qualify for land claim funds set aside 

17 for the Band, which the Secretary segregated and 

18 holds in trust for the Band pending recognition as 

19 the respective share of funds of the Band under that 

20 Act. 

21 (b) CONSULTATION.—In carrying out this section, 

22 the Secretary shall consult with and request information 

23 from— 

24 (1) elected leaders of the Band; and 
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1 (2) anthropologists, ethno-historians, and gene2 alogists associated with the Band; 

3 (3) attorneys of the Band; and 

4 (4) other experts, as the Secretary determines 

5 appropriate. 

6 (c) CONCLUSION.— 

7 (1) POSITIVE REPORT.—Not later than August 

8 31, 2005, if the Secretary determines by a prepon9 derance of the evidence that the Band satisfies each 

10 condition of subsection (a), the Secretary shall sub11 mit to Congress a positive report indicating that de12 termination. 

13 (2) NEGATIVE REPORT.—Not later than August 

14 31, 2005, if the Secretary determines by a prepon15 derance of the evidence that the Band fails to satisfy 

16 a condition of subsection (a), the Secretary shall 

17 submit to Congress a negative report indicating that 

18 determination. 

19 (d) FAILURE TO SUBMIT REPORT.—If the Secretary 

20 fails to submit to Congress a report in accordance with 

21 subsection (c)— 

22 (1) not later than November 30, 2005, the Sec23 retary shall recognize the Band as an Indian tribe; 

24 and 

25 (2) title II shall apply to the Band. 
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1 SEC. 103. ACTION BY CONGRESS. 

2 (a) ACTION BY DEADLINE.— 

3 (1) IN GENERAL.—If Congress acts on the re4 port of the Secretary under section 102(c) by the 

5 date that is 60 days after the date of receipt of the 

6 report, the Secretary shall carry out the actions de7 scribed in this subsection. 

8 (2) POSITIVE REPORT.—If the Secretary sub9 mitted a positive report under section 102(c)(1)— 

10 (A) not later than November 30, 2005, the 

11 Secretary shall recognize the Band as an Indian 

12 tribe; and 

13 (B) title II shall apply to the Band. 

14 (3) NEGATIVE REPORT.—If the Secretary sub15 mitted a negative report under section 102(c)(2), the 

16 Secretary shall— 

17 (A) return the petition of the Band to the 

18 list maintained by the Office of Federal Ac19 knowledgment; and 

20 (B) grant the Band any opportunity avail21 able to the Band to prove the status of the 

22 Band as an Indian tribe. 

23 (b) FAILURE TO ACT BY DEADLINE.— 

24 (1) IN GENERAL.—If Congress fails to act on 

25 the report of the Secretary under section 102(c) by 

26 the date that is 60 days after the date of receipt of 
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1 the report, the Secretary shall carry out the actions 

2 described in this subsection. 

3 (2) POSITIVE REPORT.—If the Secretary sub4 mitted a positive report under section 102(c)(1)— 

5 (A) not later than November 30, 2005, the 

6 Secretary shall recognize the Band as an Indian 

7 tribe; and 

8 (B) title II shall apply to the Band. 

9 (3) NEGATIVE REPORT.—If the Secretary sub10 mitted a negative report under section 102(c)(2), the 

11 Secretary shall— 

12 (A) return the petition of the Band to the 

13 list maintained by the Office of Federal Ac14 knowledgment; and 

15 (B) grant the Band any opportunity avail16 able to the Band to prove the status of the 

17 Band as an Indian tribe. 

18 TITLE II—MEMBERSHIP; 

19 JURISDICTION; LAND 

20 SEC. 201. RECOGNITION. 

21 Not later than November 30, 2005, if subsection 

22 (a)(2) or (b)(2) of section 103 applies, the Secretary 

23 shall— 

24 (1) recognize the Tribe; and 
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1 (2) publish notice of the recognition by the Sec2 retary in the Federal Register. 

3 SEC. 202. MEMBERSHIP. 

4 (a) LIST OF PRESENT MEMBERSHIP.—Not later 

5 than 120 days after the date of recognition, the Tribe shall 

6 submit to the Secretary a list of all individuals that were 

7 members of the Tribe on the date of recognition. 

8 (b) LIST OF INDIVIDUALS ELIGIBLE FOR MEMBER9 SHIP.— 

10 (1) IN GENERAL.—Not later than the date that 

11 is 18 months after the date of recognition, the Tribe 

12 shall submit to the Secretary a membership roll list13 ing all individuals enrolled for membership in the 

14 Tribe. 

15 (2) QUALIFICATIONS.—The qualifications for 

16 inclusion on the membership roll of the Tribe shall 

17 be determined by the Tribe, in consultation with the 

18 Secretary, based on the membership clause in the 

19 governing document of the Tribe. 

20 (3) PUBLICATION OF NOTICE.—On receiving 

21 the membership roll under paragraph (1), the Sec22 retary shall publish notice of the membership roll in 

23 the Federal Register. 

24 (c) MAINTENANCE OF ROLLS.—The Tribe shall en25 sure that the membership roll of the Tribe is maintained. 
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1 SEC. 203. FEDERAL SERVICES AND BENEFITS. 

2 (a) IN GENERAL.—Not later than October 31, 2005, 

3 the Tribe and each member of the Tribe shall be eligible 

4 for all services and benefits provided by the Federal Gov5 ernment to Indians because of their status as Indians 

6 without regard to— 

7 (1) the existence of a reservation; or 

8 (2) the location of the residence of a member on 

9 or near an Indian reservation. 

10 (b) JURISDICTION.— 

11 (1) IN GENERAL.—Subject to paragraph (2), 

12 for the purpose of delivering a Federal service to an 

13 enrolled member of the Tribe, the jurisdiction of the 

14 Tribe extends to— 

15 (A) all land and water designated to the 

16 Ottawa in the treaties described in subpara17 graphs (A) and (B) of section 102(a)(1); and 

18 (B) all land and water described in any 

19 other treaty that provides for a right of the 

20 Tribe. 

21 (2) EFFECT OF FEDERAL LAW.—Notwith22 standing paragraph (1), the jurisdiction of the Tribe 

23 shall be consistent with Federal law. 

24 SEC. 204. RIGHTS OF THE TRIBE. 

25 (a) ABROGATED AND DIMINISHED RIGHTS.—Any 

26 right or privilege of the Tribe or any member of the Tribe 
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1 that was abrogated or diminished before the date of rec2 ognition under section 201 is reaffirmed. 

3 (b) EXISTING RIGHTS OF TRIBE.— 

4 (1) IN GENERAL.—This Act does not diminish 

5 any right or privilege of the Tribe or any member 

6 of the Tribe that existed prior to the date of recogni7 tion. 

8 (2) LEGAL AND EQUITABLE CLAIMS.—Except 

9 as otherwise provided in this Act, nothing in this Act 

10 alters or affects any legal or equitable claim of the 

11 Tribe to enforce any right or privilege reserved by 

12 or granted to the Tribe that was wrongfully denied 

13 to or taken from the Tribe prior to the date of rec14 ognition. 

15 (c) FUTURE APPLICATIONS.—This Act does not ad16 dress the merits of, or affect the right of the Tribe to sub17 mit, any future application regarding— 

18 (1) placing land into trust; or 

19 (2) gaming (as defined in section 4 of the In20 dian Gaming Regulatory Act (25 U.S.C. 2703)). 

21 SEC. 205. TRIBAL FUNDS. 

22 Notwithstanding section 110 of the Michigan Indian 

23 Land Claims Settlement Act (111 Stat. 2663), effective 

24 beginning on the date of enactment of this Act, any funds 
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1 set aside by the Secretary for use by the Tribe shall be 

2 made available to the Tribe. 

3 SEC. 206. JURISDICTION OF TRUST LAND. 

4 (a) IN GENERAL.—The Tribe shall have jurisdiction 

5 over all land taken into trust by the Secretary for the ben6 efit of the Tribe, to the maximum extent allowed by law. 

7 (b) SERVICE AREA.—The Tribe shall have jurisdic8 tion over all members of the Tribe that reside in the serv9 ice area of the Tribe in matters pursuant to the Indian 

10 Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.), as 

11 if the members resided on a reservation (as defined in that 

12 Act). 

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