Grand River Bands of Ottawa Indians Restoration Act of 2024

Bill: 118-s-5227
Sponsor: full_name: Sen. Peters, Gary C. [D-MI]
Introduced: 2024-09-25
Policy area: Native Americans
Latest action: action_date: 2024-09-25
text: Read twice and referred to the Committee on Indian Affairs.

Summaries:

tv_txt: II 118th CONGRESS 2d Session S. 5227 IN THE SENATE OF THE UNITED STATES September 25, 2024 Mr. Peters (for himself and Ms. Stabenow ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To reaffirm and clarify the Federal relationships of the Grand River Bands of Ottawa Indians of Michigan as a federally recognized Indian tribe, and for other purposes.

1. Short title This Act may be cited as the Grand River Bands of Ottawa Indians Restoration Act of 2024 . 2. Findings Congress finds the following: (1) The Tribe consists of the 19 bands of Indians who occupied territory in what is now west Michigan, including the counties of Kent, Ottawa, Muskegon, Newaygo, and Oceana. (2) The Tribe consists of descendants of, and political successors to, signatories of the 1821 Treaty of Chicago, 1836 Treaty of Washington, and the 1855 Treaty of Detroit. (3) In 1994, Public Law 103–324 (108 Stat. 2156) recognized two Michigan Ottawa tribes whose histories are virtually identical to that of the Grand River Bands, the Little River Band of Ottawa Indians and the Little Traverse Bay Bands of Odawa Indians. (4) The Commissioner of Indian Affairs, Morris Thompson, and Congress, via Public Law 103–324 , specifically recognized that the Northern Michigan Ottawa Association and the Grand River Bands Descendant’s Committee, whose membership included the Grand River Bands, were functioning as or at least are accepted as Tribal political entities by the Minneapolis Area and Great Lakes Agency . (5) The State of Michigan has acknowledged the Tribe as a State historic tribe that, as of 2024, continues to exist as a Tribal entity. (6) In 1997, the Michigan Indian Land Claims Settlement Act ( Public Law 105–143 ) reserved a percentage of the funds appropriated for payment of land claims to newly recognized or reaffirmed tribes described in section 110 . Section 110 of that law states that eligible non-recognized tribes are those— (A) that are signatory to either the 1836 Treaty or the 1855 Treaty; (B) whose members are predominately Chippewa and Ottawa; and (C) that file a documented petition by December 15, 2000. (7) The Tribe was the only unrecognized Michigan tribe that met the requirements of section 110 of the Michigan Indian Land Claims Settlement Act. (8) The Tribe was instrumental in the filing of the original land claim and is comprised of descendants of members who signed the Treaties of 1821, 1836, and 1855. (9) The Tribe filed a fully documented petition with the Bureau of Indian Affairs on December 8, 2000, and thus met the Act’s filing deadline. (10) After the Tribe filed its petition in 2000, the Bureau of Indian Affairs did not issue a technical assistance letter until 2005. The Tribe responded fully in 2006, but still has not been recognized. (11) The Bureau of Indian Affairs did not meet its legal requirement under the Michigan Indian Land Claims Settlement Act to recognize the Tribe, and the Tribe is still in the recognition process almost 26 years later. (12) The Tribe met all of the criteria for distribution of the judgment funds reserved for an unrecognized tribe under section 110 of the Michigan Indian Land Claims Settlement Act. However, the Tribal funds reverted back to the Treasury, which was a gross miscarriage of justice because the Tribe was a full participant in the claims litigation before the Indian Claim Commission that gave rise to the judgment award. (13) For every year that the Bureau of Indian Affairs does not act on the Tribe’s petition, the Tribe is unable to meet any needs for its members for social services, education, housing and elder care. (14) The Tribe filed for reorganization of its existing Tribal governments in 1935 under the Act of June 18, 1934 ( 25 U.S.C. 5101 et seq. (commonly referred to as the Indian Reorganization Act )). Federal agents who visited the Tribe, including Commissioner of Indian Affairs John Collier, attested to the continued social and political existence of the Tribe and concluded that the Tribe was eligible for reorganization. Due to a lack of Federal appropriations to implement the provisions of the Indian Reorganization Act, the Tribe was denied the opportunity to reorganize. (15) In 1939, agents of the Federal Government made an administrative decision not to provide services or extend the benefits of the Indian Reorganization Act to any Indian tribes in Michigan’s lower peninsula. (16) In spite of such denial, the Tribe continued their political and social existence with a viable Tribal government. The Tribe, along with other Michigan Odawa/Ottawa groups, including the Little Traverse Bay Bands of Odawa Indians, the Grand Traverse Band of Ottawa and Chippewa Indians, and the Little River Band of Ottawa Indians, formed the Northern Michigan Ottawa Association in 1948. The Association subsequently pursued a successful land claim with the Indian Claims Commission. (17) Between 1948 and 1975, the Tribe carried out many of its governmental functions through the Northern Michigan Ottawa Association, while retaining individual Tribal control over local decisions. (18) The Federal Government, the governments of the State of Michigan, and local governments have had continuous dealings with the recognized political leaders of the Tribe from 1821 to present. 3. Definitions In this Act: (1) Member The term member means an individual who is enrolled in the Tribe pursuant to section 7. (2) Secretary The term Secretary means the Secretary of the Interior. (3) Tribe The term Tribe means the Grand River Bands of Ottawa Indians of Michigan. 4. Federal recognition (a) In general Federal recognition of the Tribe is hereby affirmed. (b) Effect of federal laws Except as otherwise provided in this Act, all Federal laws (including regulations) of general application to Indians and Indian tribes, including the Act of June 18, 1934 ( 25 U.S.C. 5101 et seq. ; commonly known as the Indian Reorganization Act ), shall apply to the Tribe and members. 5. Federal services and benefits (a) In general The Tribe and each member shall be eligible for all services and benefits provided by the United States to Indians and federally recognized Indian tribes as prescribed by law, without regard to— (1) the existence of a reservation for the Tribe; or (2) the location of the residence of any member on or near an Indian reservation. (b) Service area For purposes of the delivery of services and benefits to members, the service area of the Tribe shall be Newaygo, Oceana, Kent, Muskegon and Ottawa Counties in Michigan. 6. Reaffirmation of rights (a) In general Nothing in this Act diminishes any right or privilege of the Tribe or any member that existed before the date of the enactment of this Act. (b) Claims of tribe Except as otherwise provided in this Act, nothing in this Act alters or affects any legal or equitable claim of the Tribe to enforce any right or privilege reserved by, or granted to, the Tribe that was wrongfully denied to, or taken from, the Tribe before the date of the enactment of this Act. 7. Membership roll (a) In general As a condition of receiving recognition, services, and benefits pursuant to this Act, not later than 18 months after the date of the enactment of this Act, the Tribe shall submit to the Secretary a membership roll consisting of the name of each individual enrolled as a member of the Tribe. (b) Determination of membership The qualifications for inclusion on the membership roll of the Tribe shall be determined in accordance with the Tribe’s governing documents. (c) Maintenance of roll The Tribe shall maintain the membership roll under this section. 8. Acquisition of land (a) Homeland The Secretary shall— (1) acquire, for the benefit of the Tribe, trust title to land within Muskegon, Newaygo, or Oceana Counties; and (2) accept into trust any real property located in those counties for the benefit of the Grand River Bands of Ottawa Indians, if— (A) conveyed or otherwise transferred to the Secretary; and (B) at the time of such acceptance, there are not adverse legal claims on such property, including outstanding liens, mortgages or taxes owed. (b) Additional acquisitions; trust land The Secretary may— (1) acquire additional land for the benefit of the Tribe pursuant to section 5 of the Act of June 18, 1934 ( 25 U.S.C. 5108 ; commonly known as the Indian Reorganization Act ); and (2) take into trust for the benefit of the Tribe any land held in fee by the Tribe, if such lands are located within the boundaries of, Kent and Ottawa Counties in Michigan. (c) Deadline for determination The Secretary shall— (1) make a final written determination not later than 18 months of the date which the Tribe submits a request for land to be taken into trust under subsection (a)(1); and (2) immediately make the determination under paragraph (1) available to the Tribe. (d) Reservation status Any land taken into trust for the benefit of the Tribe pursuant to this paragraph shall, upon request of the Tribe, be considered part of the reservation of the Tribe.