I
103D CONGRESS
1ST SESSION
H. R. 878
To restore Federal services to the Pokagon Band of Potawatomi Indians.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 4, 1993
Mr. UPTON (for himself and Mr. ROEMER) introduced the following bill; which
was referred to the Committee on Natural Resources
A BILL
To restore Federal services to the Pokagon Band of
Potawatomi Indians.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS.
The Congress finds the following:
(1) The Pokagon Band of Potawatomi Indians
is the descendant of, and political successor to, the
signatories of the Treaty of Greenville 1795 (7 Stat.
49); the Treaty of Grouseland 1805 (7 Stat. 91); the
Treaty of Spring Wells 1815 (7 Stat. 131); the
Treaty of the Rapids of the Miami of Lake Erie
1817 (7 Stat. 160); the Treaty of St. Mary’s 1818
(7 Stat. 185); the Treaty of Chicago 1821 (7 Stat.
218); the Treaty of the Mississinewa on the Wabash
1826 (7 Stat. 295); the Treaty of St. Joseph 1827
(7 Stat. 305); the Treaty of St. Joseph 1828 (7
Stat. 317); the Treaty of Tippecanoe River 1832 (7
Stat. 399); and the Treaty of Chicago 1833 (7 Stat.
431).
(2) In the Treaty of Chicago 1833, the
Pokagon Band of Potawatomi Indians was the only
band that negotiated a right to remain in Michigan.
The other Potawatomi bands relinquished all lands
in Michigan and were required to move to Kansas or
Iowa.
(3) Two of the Potawatomi bands later re-
turned to the Great Lakes area, the Forest County
Potawatomi of Wisconsin and the Hannahville In-
dian Community of Michigan.
(4) The Hannahville Indian Community of
Michigan, the Forest County Potawatomi Commu-
nity of Wisconsin, the Prairie Band of Potawatomi
Indians of Kansas, and the Citizen Band Pota-
watomi Indian Tribe of Oklahoma, whose members
are also descendants of the signatories to one or
more of the aforementioned treaties, have been rec-
ognized by the Federal Government as Indian tribes
eligible to receive services from the Secretary of the
Interior.
(5) Beginning in 1935, the Pokagon Band of
Potawatomi Indians petitioned for reorganization
and assistance pursuant to the Act of June 18, 1934
(25 U.S.C. 461 et seq., commonly referred to as the
‘‘Indian Reorganization Act’’). Because of the finan-
cial condition of the Federal Government during the
Great Depression it relied upon the State of Michi-
gan to provide services to the Pokagon Band. Other
Potawatomi bands, including the Forest County Pot-
awatomi and the Hannahville Indian Community
were provided services pursuant to the Indian Reor-
ganization Act.
(6) Agents of the Federal Government in 1939
made an administrative decision not to provide serv-
ices or extend the benefits of the Indian Reorganiza-
tion Act to any Indian tribes in Michigan’s lower pe-
ninsula.
(7) Tribes elsewhere, including the Hannahville
Indian Community in Michigan’s upper peninsula,
received services from the Federal Government and
were extended the benefits of the Indian Reorganiza-
tion Act.
(8) The Pokagon Band of Potawatomi Indians
consists of at least 1,500 members who continue to
reside close to their ancestral homeland in the St.
Joseph River Valley in southwestern Michigan and
northern Indiana.
(9) In spite of the denial of the right to orga-
nize under the Indian Reorganization Act, the
Pokagon Band has continued to carry out its gov-
ernmental functions through a Business Committee
and Tribal Council from treaty times until today.
(10) The United States Government, the gov-
ernment of the State of Michigan, and local govern-
ments have had continuous dealings with the recog-
nized political leaders of the Band from 1795 until
the present.
SEC. 2. FEDERAL RECOGNITION.
Federal recognition of the Pokagon Band of Pota-
watomi Indians is hereby affirmed. Except as otherwise
provided in this Act, all Federal laws of general applica-
tion to Indians and Indian tribes, including the Act of
June 18, 1934 (25 U.S.C. 461 et seq.), shall apply with
respect to the Band and its members.
SEC. 3. SERVICES.
Notwithstanding any other provision of law, the Band
and its members shall be eligible, on and after the date
ated, now or hereafter held by, or in trust for, the Band.
The Secretary shall acquire real property for the Band.
Any such real property shall be taken by the Secretary
in the name of the United States in trust for the benefit
of the Band and shall become part of the Band’s reserva-
tion.
SEC. 7. SERVICE AREA.
The Band’s service area shall consist of the Michigan
counties of Allegan, Berrien, Van Buren, and Cass and
the Indiana counties of La Porte, St. Joseph, Elkhart,
Starke, Marshall, and Kosciusko.
SEC. 8. JURISDICTION.
The Band shall have jurisdiction to the full extent
allowed by law over all lands taken into trust for the bene-
fit of the Band by the Secretary. The Band shall exercise
jurisdiction over all its members who reside within the
service area in matters pursuant to the Indian Child Wel-
fare Act, 25 U.S.C. 1901 et seq., as if the members were
residing upon a reservation as defined in that Act.
SEC. 9. DEFINITIONS.
For purposes of this Act—
(1) the term ‘‘Band’’ means the Pokagon Band
of Potawatomi Indians;
(2) the term ‘‘member’’ means those individuals
eligible for enrollment in the Band pursuant to sec-
tion 4; and
(3) the term ‘‘Secretary’’ means the Secretary
of the Interior.
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