compliance with existing Federal policies and regula-
tions. 
SEC. 5. REAFFIRMATION OF RIGHTS. 
(a) IN GENERAL.—All rights and privileges of the 
Burt Lake 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 BURT LAKE BAND.—Noth-
ing in this Act shall be construed to diminish any right 
or privilege of the Burt Lake Band or of its members that 
existed before the date of the enactment of this Act. Ex-
cept as otherwise specifically provided in any other provi-
sion of this Act, nothing in this Act shall be construed 
as altering or affecting any legal or equitable claim the 
Burt Lake Band may have to enforce any right or privi-
lege reserved by or granted to the Burt Lake Band which 
was wrongfully denied to or taken from the Burt Lake 
Band before the date of 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 
legal claims on such property, including outstanding liens, 
mortgages or taxes owed, and the Secretary has confirmed 
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that the National Environmental Policy Act of 1969 has 
been complied with regarding the trust acquisition of the 
property. After being taken into trust, such lands shall 
become part of the initial reservation of the Burt Lake 
Band at the request of the Burt Lake Band. The Sec-
retary is also authorized to acquire and accept real prop-
erty in other geographic areas into trust for the benefit 
of the Burt Lake Band and to declare those lands to be 
a part of the Burt Lake Band’s Reservation consistent 
with applicable law. 
SEC. 7. MEMBERSHIP. 
(a) IN GENERAL.—The initial membership of the 
Burt Lake Band of Ottawa and Chippewa Indians shall 
consist of persons who can present evidence, acceptable 
to the Burt Lake Band, showing that they meet the re-
quirements of subsection (b), and persons who meet such 
other requirements as are specified by the Burt Lake 
Band in its Burt Lake Band’s Constitution and Enroll-
ment 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-
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ceptable to the Burt Lake Band that the person 
meets at least 1 of the following requirements: 
(A) The person descends from a tribal 
member who was domiciled at Colonial Point, 
Burt Township, Cheboygan County, Michigan, 
before or at the time that the Burt Lake 
Band’s village was burned in October 1900, as 
the tribal members are identified as Colonial 
Point residents in the case files of the litigation 
initiated by John W. McGinn to evict former 
residents from that land, or in the list prepared 
in or about 1950 as the Albert Shananaquet list 
of pre-1900 village residents, or both. 
(B) The person descends from a tribal 
member who is listed on the 1900 or 1910 Burt 
Lake Township Federal Census, Indian Enu-
meration 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. 
(2) In addition to the requirements under para-
graph (1), to qualify for membership in the Burt 
Lake Band of Ottawa and Chippewa Indians, a per-
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son must be able to demonstrate through evidence 
acceptable to the Burt Lake Band that the person 
meets all of the following criteria: 
(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 Burt Lake Band shall provide 
a copy of the base roll of the Burt Lake Band of Ottawa 
and Chippewa Indians to the Assistant Secretary for Indi-
ans Affairs not later than 12 months after the date of 
the enactment of this Act. The base roll shall consist of 
the 320 persons whose names were listed on the official 
roll of the Burt Lake Band which were members sub-
mitted by the Burt Lake Band to the OFA on May 2, 
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2005, and shall also include the biological sons and daugh-
ters who were born to those members between the submis-
sion of that list and the enactment of this Act. The Base 
Roll shall also include those descendants of Burt Lake 
members who— 
(1) meet the enrollment criteria established by 
this section; 
(2) seek enrollment in the Burt Lake Band not 
later than 12 months after the date of the enact-
ment of this Act; and 
(3) are accepted for enrollment in the Burt 
Lake Band in the manner prescribed by the Burt 
Lake Band’s Constitution. 
SEC. 8. CONSTITUTION. 
The initial constitution of the Burt Lake Band shall 
be the constitution that the Burt Lake Band submitted 
to the OFA on May 2, 2005. 
Æ 
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