I
103D CONGRESS
1ST SESSION
H. R. 2376
To reaffirm and clarify the Federal relationships of the Little Traverse
Bay Bands of Odawa Indians the Little River Band of Ottawa Indians
as distinct federally recognized Indian tribes, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 10, 1993
Mr. KILLDEE (for himself, Mr. CAMP, and Mr. HOEKSTRA) introduced the
following bill; which was referred to the Committee on Natural Resources
A BILL
To reaffirm and clarify the Federal relationships of the Little
Traverse Bay Bands of Odawa Indians the Little River
Band of Ottawa Indians as distinct federally recognized
Indian tribes, 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 ‘‘Little Traverse Bay
Bands of Odawa Indians and the Little River Band of Ot-
tawa Indians Act’’.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Little Traverse Bay Bands of Odawa
Indians and the Little River Band of Ottawa Indi-
ans are descendants of, and political successors to,
signatories of the 1836 Treaty of Washington and
the 1855 Treaty of Detroit.
(2) The Grand Traverse Band of Ottawa and
Chippewa Indians, the Sault Ste. Marie Tribe of
Chippewa Indians, and the Bay Mills Band of Chip-
pewa Indians, whose members are also descendants
of the signatories to the 1836 Treaty of Washington
and the 1855 Treaty of Detroit, have been recog-
nized by the Federal Government as distinct Indian
tribes.
(3) The Little Traverse Bay Bands of Odawa
Indians consists of at least 1,000 eligible members
who continue to reside close to their ancestral home-
land as recognized in the Little Traverse Reserva-
tion in the 1836 Treaty of Washington and 1855
Treaty of Detroit, which area is now known as
Emmet and Charlevoix Counties, Michigan.
(4) The Little River Band of Ottawa Indians
consists of at least 500 eligible members who con-
tinue to reside close to their ancestral homeland as
recognized in the Manistee Reservation in the 1836
Treaty of Washington and reservation in the 1855
Treaty of Detroit, which area is now known as
Manistee and Mason Counties, Michigan.
(5) The Bands filed for reorganization of their
existing tribal governments in 1935 under the Act of
June 18, 1934 (25 U.S.C. et seq.; commonly re-
ferred to as the ‘‘Indian Reorganization Act’’). Fed-
eral agents who visited the Bands, including Com-
missioner of Indian Affairs, John Collier, attested to
the continued social and political existence of the
Bands and concluded that the Bands were eligible
for reorganization. Due to a lack of Federal appro-
priations to implement the provisions of such Act,
the Bands were denied the opportunity to reorga-
nize.
(6) In spite of such denial, the Bands continued
their political and social existence with viable tribal
governments. The Bands, along with other Michigan
Odawa/Ottawa groups, including the tribes described
in paragraph (2), formed the Northern Michigan Ot-
tawa Association in 1948. The Association subse-
quently pursued a successful land claim with the In-
dian Claims Commission.
(7) Between 1948 and 1975, the Bands carried
out many of their governmental functions through
SEC. 4. FEDERAL RECOGNITION.
(a) FEDERAL RECOGNITION.—Federal recognition of
the Little Traverse Bay Bands of Odawa Indians and the
Little River Band of Ottawa Indians is hereby reaffirmed.
All laws and regulations of the United States of general
application to Indians or nations, tribes, or bands of Indi-
ans, including the Act of June 18, 1934 (25 U.S.C. 461
et seq.; commonly referred to as the ‘‘Indian Reorganiza-
tion Act’’), which are not inconsistent with any specific
provision of this Act shall be applicable to the Bands and
their members.
(b) FEDERAL SERVICES AND BENEFITS.—
(1) IN GENERAL.—The Bands and their mem-
bers shall be eligible for all services and benefits pro-
vided by the Federal Government to Indians because
of their status as federally recognized Indians, and
notwithstanding any other provision of law, such
services and benefits shall be provided after the date
of the enactment of this Act to the Bands and their
members without regard to the existence of a res-
ervation or the location of the residence of any mem-
ber on or near any Indian reservation.
(2) SERVICE AREAS.—
(A) LITTLE TRAVERSE BAY BANDS.—For
purposes of the delivery of Federal services to
the enrolled members of the Little Traverse
Bay Bands of Odawa Indians, the area of the
State of Michigan within 70 miles of the bound-
aries of the reservations for the Little Traverse
Bay Bands as set out in Article I, paragraphs
‘third’ and ‘fourth’ of the Treaty of 1855, 11
Stat. 621, shall be deemed to be within or near
a reservation, notwithstanding the establish-
ment 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 pro-
gram regulations.
(B) LITTLE RIVER BAND.—For purposes
of the delivery of Federal services to enrolled
members of the Little River Band of Ottawa
Indians, the Counties of Manistee, Mason, Wex-
ford and Lake, in the State of Michigan, shall
be deemed to be within or near a reservation,
notwithstanding the establishment of a reserva-
tion for the tribe after the date of the enact-
ment of this Act. Services may be provided to
members outside the named Counties unless
prohibited by law or program regulations.
SEC. 5. REAFFIRMATION OF RIGHTS.
(a) IN GENERAL.—All rights and privileges of the
Bands, and their members thereof, 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 Bands, or of their members, that existed prior to
the date of enactment of this Act. Except as otherwise
specifically provided in any other provision of this Act,
nothing in this Act shall be construed as altering or affect-
ing any legal or equitable claim the Bands might have to
enforce any right or privilege reserved by or granted to
the Bands which were wrongfully denied to or taken from
the Bands prior to the enactment of this Act.
SEC. 6. TRANSFER OF LAND FOR THE BENEFIT OF THE
BANDS.
(a) LITTLE TRAVERSE BAY BANDS.—The Secretary
shall acquire real property in Emmet and Charlevoix
Counties for the benefit of the Little Traversee Bay
Bands. The Secretary shall also accept any real property
located in those Counties for the benefit of the Little Tra-
verse Bay Bands if conveyed or otherwise transferred to
the Secretary, if at the time of such acceptance, there are
no adverse legal claims on such property including out-
standing liens, mortgages or taxes owed.
(b) LITTLE RIVER BAND.—The Secretary shall ac-
quire real property in Manistee and Mason Counties for
the benefit of the Little River Band. The Secretary shall
also accept any real property located in those Counties for
the benefit of the Little River Band if conveyed or other-
wise transferred to the Secretary, if at the time of such
acceptance, there are no adverse legal claims on such
property including outstanding liens, mortgages or taxes
owed.
(c) ADDITIONAL LANDS.—The Secretary may accept
any additional acreage in each of the Bands’ service area
specified by section 4(b) of this Act pursuant to his au-
thority under the Act of June 18, 1934 (25 U.S.C. 461
et seq.; commonly referred to as the ‘‘Indian Reorganiza-
tion Act’’).
(d) RESERVATION.—Subject to the conditions im-
posed by this section, the land acquired by or transferred
to the Secretary under or pursuant to this section shall
be taken in the name of the United States in trust for
the Bands and shall be a part of the respective Bands’
reservation.
SEC. 7. MEMBERSHIP.
Not later than 18 months after the date of the enact-
ment of this Act, the Bands shall submit to the Secretary
membership rolls consisting of all individuals currently en-
rolled for membership in such Bands. The qualifications
for inclusion on the membership rolls of the Bands shall
be determined by the membership clauses in such Bands’
respective governing documents, in consultation with the
Secretary. Upon completion of the rolls, the Secretary
shall immediately publish notice of such in the Federal
Register. The Bands shall ensure that such rolls are main-
tained 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 purposes of adopting new constitutions for the
Bands. 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 new constitutions are 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 Bands.
(b) OFFICIALS.—