plicable Federal law and policy. If any part of the 
Band’s service area overlaps with the service area of 
another federally recognized Indian tribe, that over-
lap shall be addressed in compliance with existing 
Federal policies and regulations. 
SEC. 5. REAFFIRMATION OF RIGHTS. 
(a) IN GENERAL.—All rights and privileges of the 
Band and its members, which may have been abrogated 
or diminished before the date of the enactment of this Act 
are hereby reaffirmed. 
(b) EXISTING RIGHTS OF TRIBE.—Nothing in this 
Act shall be construed to diminish any right or privilege 
of the Band or of its members that existed before the date 
of the enactment of this Act. Except as otherwise specifi-
cally provided in any other provision of this Act, nothing 
in this Act shall be construed as altering or affecting any 
legal or equitable claim the Band may have to enforce any 
right or privilege reserved by or granted to the Band which 
was wrongfully denied to or taken from the Band before 
the enactment of this Act. 
SEC. 6. TRIBAL LANDS. 
The Secretary shall acquire real property in Che-
boygan County in trust for the benefit of the Burt Lake 
Band of Ottawa and Chippewa Indians, if at the time of 
such acceptance by the Secretary, there are no adverse 
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legal claims on such property including outstanding liens, 
mortgages or taxes owed. Such lands shall become part 
of the initial reservation of the Band at the request of 
the Band. The Secretary is also authorized to acquire and 
accept real property in other geographic areas into trust 
for the benefit of the Band and to declare those lands to 
be a part of the Band’s Reservation or Initial Reservation 
to the full extent otherwise authorized by applicable law. 
SEC. 7. MEMBERSHIP. 
(a) IN GENERAL.—Membership in the Burt Lake 
Band of Ottawa and Chippewa Indians shall consist of 
persons who can present evidence, acceptable to the Tribe, 
showing that they meet the requirements of subsection (b), 
and persons who meet such other requirements as are 
specified by the Tribe in its Tribe’s Constitution and En-
rollment Ordinance as the same may be from time to time 
amended. 
(b) MEMBERSHIP CRITERIA.— 
(1) To qualify for membership in the Burt Lake 
Band of Ottawa and Chippewa Indians, a person 
must be able to demonstrate through evidence ac-
ceptable to the Tribe that the person meets at least 
one of the following requirements: 
(A) The person descends from one or more 
tribal members who were domiciled at Colonial 
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Point, Burt Township, Cheboygan County, 
Michigan before or at the time that the Tribe’s 
village was burned in October 1900, as said 
tribal members are identified in the United 
States v. McGinn litigation and related docu-
ments, and/or the 1950 Albert Shananaquet list 
of Colonial Point Residents. 
(B) The person descends from one or more 
tribal members who are listed on the 1900 and/ 
or the 1910 Burt Lake Township Federal Cen-
sus, Indian Enumeration Schedule. 
(C) The person has an Indian ancestor 
who was, prior to 1910, living in tribal relations 
with the Burt Lake Band of Ottawa and Chip-
pewa Indians as the Burt Lake Band is defined 
in this Act. 
(D) The person descends from Rose 
Midwagon Moses. 
(2) In addition to the requirements under para-
graph (1), to qualify for membership in the Burt 
Lake Band of Ottawa and Chippwa Indians, a per-
son must be able to demonstrate through evidence 
acceptable to the Tribe that the person meets all of 
the following criteria: 
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(A) That the person is in tribal relations 
with other Burt Lake Band members. 
(B) That the person’s ancestors have lived 
in tribal relations with other Burt Lake Band 
members on a substantially continuous basis 
from 1910 to the present. 
(C) That the person has a completed tribal 
membership enrollment file as prescribed by the 
Tribal Enrollment Ordinance. 
(D) That the person’s membership applica-
tion has been processed and that the person has 
been approved for membership in the Burt 
Lake Band in the manner prescribed by the 
Tribal Enrollment Ordinance. 
(c) BASE ROLL.—The base roll of the Burt Lake 
Band of Ottawa and Chippewa Indians shall consist of the 
320 persons whose names were listed on the official roll 
of the Burt Lake Band which were members submitted 
by the Band to the Bureau of Indian Affairs’ Office of 
Federal Acknowledgment on May 2, 2005, and shall also 
include the biological sons and daughters who were born 
to those members between the submission of that list and 
the enactment of this Act. 
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SEC. 8. CONSTITUTION. 
The initial Constitution of the Burt Lake Band of 
Ottawa and Chippewa Indians shall be the Constitution 
which the Band submitted to the Bureau of Indian Af-
fairs’ Office of Federal Acknowledgment on May 2, 2005. 
Æ 
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