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
the Burt Lake Band as a distinct federally recog-
nized Indian Tribe, and for other purposes.
OCTOBER 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Burt Lake Band of
Ottawa and Chippewa Indians Act’’.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Burt Lake Band of Ottawa and Chip-
pewa Indians are descendants and political succes-
sors to the signatories of the 1836 Treaty of Wash-
ington and the 1855 Treaty of Detroit.
(2) The Grand Traverse Band of Ottawa and
Chippewa Indians, Little Traverse Bay Band of
Odawa Indians, the Little River Band of Ottawa,
the Sault Ste. Marie Tribe of Chippewa Indians, and
the Bay Mills Band of Chippewa Indians, whose
members are also descendants of the signatories to
the 1836 Treaty of Washington and the 1855 Trea-
ty of Detroit, have been recognized by the Federal
Government as distinct Indian tribes.
(3) The Burt Lake Band of Ottawa and Chip-
pewa Indians consists of over 650 eligible members
who continue to reside close to their ancestral home-
land as recognized in the Cheboygan Reservation in
the 1836 Treaty of Washington and 1855 Treaty of
Detroit, which area is now known as Cheboygan
County, Michigan.
(4) The Band continues its political and social
existence with a viable tribal government. The Band,
along with other Michigan Odawa/Ottawa groups,
including the tribes described in paragraph (2),
formed the Northern Michigan Ottawa Association
in 1948. The Association subsequently pursued a
successful land claim with the Indian Claims Com-
mission.
(5) Between 1948 and 1975, the Band carried
out many of their governmental functions through
the Northern Michigan Ottawa Association, while re-
taining individual Band control over local decisions.
(6) In 1935, the Band petitioned under the Act
of June 18, 1934 (25 U.S.C. 461 et seq.; commonly
referred to as the ‘‘Indian Reorganization Act’’), to
form a government on behalf of the Band. Again, in
spite of the Band’s eligibility, the Bureau of Indian
Affairs failed to act.
(7) The United States Government, the govern-
ment of the State of Michigan, and local govern-
ments have had continuous dealings with the recog-
nized political leaders of the Band from 1836 to the
present.
SEC. 3. DEFINITIONS.
For purposes of this Act—
(1) the term ‘‘Band’’ means the Burt Lake
Band of Ottawa and Chippewa Indians;
(2) the term ‘‘member’’ means those individuals
enrolled in the Band pursuant to section 7; and
(3) the term ‘‘Secretary’’ means the Secretary
of the Interior.
SEC. 4. FEDERAL RECOGNITION.
(a) FEDERAL RECOGNITION.—Federal recognition of
the Burt Lake Band of Ottawa and Chippewa Indians is
hereby reaffirmed. All laws and regulations of the United
States of general application to Indians or nations, tribes,
or bands of Indians, including the Act of June 18, 1934
(25 U.S.C. 461 et seq., commonly referred to as the ‘‘In-
dian Reorganization Act’’), which are inconsistent with
any specific provision of this Act shall not be applicable
to the Band and its members.
(b) FEDERAL SERVICES AND BENEFITS.—
(1) IN GENERAL.—The Band and its members
shall be eligible for all services and benefits provided
by the Federal Government to Indians because of
their status as federally recognized Indians, and not-
withstanding any other provision of law, such serv-
ices and benefits shall be provided after the date of
the enactment of this Act to the Band and its mem-
bers without regard to the existence of a reservation
or the location of the residence of any member on
or near any Indian reservation.
(2) SERVICE AREAS.—For purposes of the de-
livery of Federal services to the enrolled members of
the Band, the area of the State of Michigan within
70 miles of the boundaries of the reservation for the
Burt Lake Band as set out in Article I, paragraph
‘‘seventh’’ of the Treaty of 1855 (11 Stat. 621),
shall be deemed to be within or near a reservation,
notwithstanding the establishment of a reservation
for the tribe after the date of the enactment of this
Act. Services may be provided to members outside
the named service area unless prohibited by law or
regulation.
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 Band’s tribal lands shall consist of all real prop-
erty, now or hereafter held by, or in trust for, the Band.
The Secretary shall acquire real property for the Band.
Any such 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 reservation.
SEC. 7. MEMBERSHIP.
Not later than 18 months after the date of the enact-
ment of this Act, the Band shall submit to the Secretary
a membership roll consisting of all individuals currently
enrolled for membership in the Band. The qualifications
for inclusion on the membership roll of the Band shall be
determined by the membership clauses in the Band’s gov-
erning document, in consultation with the Secretary. Upon
completion of the roll, the Secretary shall immediately
publish notice of such in the Federal Register. The Band
shall ensure that such roll is maintained and kept current.
SEC. 8. CONSTITUTION AND GOVERNING BODY.
(a) CONSTITUTION.—
(1) ADOPTION.—Not later than 24 months
after the date of the enactment of this Act, the Sec-
retary shall conduct by secret ballot elections for the
purpose of adopting a new constitution for the
Band. The elections shall be held according to the
procedures applicable to elections under section 16
of the Act of June 18, 1934 (25 U.S.C. 476; com-
monly referred to as the ‘‘Indian Reorganization
Act’’).
(2) INTERIM
GOVERNING
DOCUMENTS.—Until
such time as a new constitution is adopted under
paragraph (1), the governing documents in effect on
the date of the enactment of this Act shall be the
interim governing documents for the Band.
(b) OFFICIALS.—
(1) ELECTIONS.—Not later than 6 months
after the Band adopts their constitution and bylaws
pursuant to subsection (a), the Band shall conduct
elections by secret ballot for the purpose of electing
officials for the Band as provided in the Band’s gov-
erning constitution. The elections shall be conducted
according to the procedures described in the Band’s
constitution and bylaws.
(2) INTERIM GOVERNMENTS.—Until such time
as the Band elects new officials pursuant to para-
graph (1), the Band’s governing bodies shall be
those bodies in place on the date of the enactment
of this Act, or any new governing bodies selected
under the election procedures specified in the respec-
tive interim governing documents of the Band.