Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians Act
PL 103-324 (S.1357), enacted 09/21/1994

108 STAT. 2156 
PUBLIC LAW 103-324—SEPT. 21, 1994 
Public Law 103-324 
103d Congress 
An Act 
Sept. 21, 1994 
[S. 1357] 
Little Traverse 
Bay Bands of 
Odawa Indians 
and the Little 
River Band 
of Ottawa 
Indians Act. 
Michigan. 
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note. 
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To reaffirm and clarify the Federal relationships of the Little Traverse Bay Bands 
of Odawa Indians and 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 Representatives 
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 Ottawa 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 Indians are descendants of, 
and political successors to, signatories of the 1836 Treaty of 
Washington and the 1855 Treaty of Detroit. 
(2) The Greind Traverse Band of Ottawa and Chippewa 
Indians, the Sault Ste. Marie Tribe of Chippewa Indieins, 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 Treaty of Detroit, have been recog-
nized by the Federal Government as distinct Indian tribes. 
(3) The Little Traverse Bay Bands of Odawa Indians con-
sists of at least 1,000 eligible members who continue to reside 
close to their ancestral homeland as recognized in the Little 
Traverse Reservation 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 continue 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. 461 et seq.; commonly referred to as the "Indian 
Reorganization Act"). Federal agents who visited the Bands, 
including Commissioner 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 appropriations to implement the provi-
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PUBLIC LAW 103-324—SEPT. 21, 1994 
108 STAT. 2157 
sions of such Act, the Bands were denied the opportunity to 
reorgEuiize. 
(6) In spite of such denial, the Bands continued their pohti-
cal 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 Ottawa Association in 1948. The Association 
subsequently pursued a successful land claim with the Indian 
Claims Commission. 
(7) Between 1948 and 1975, the Bands carried out many 
of their governmental functions through the Northern Michigan 
Ottawa Association, while retaining individual Band control 
over local decisions. 
(8) In 1975, the Northern Michigan Ottawa Association 
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 Bands. Again 
in spite of the Bands' eligibiUty, the Bureau of Indian Affairs 
failed to act on their request. 
(9) The United States Grovernment, the government of the 
State of Michigan, and local governments have had continuous 
dealings with the recognized political leaders of the Bands 
from 1836 to the present. 
SEC. 3. DEFINITIONS. 
For purposes of this Act— 
(1) the term "Bands" means the Little Traverse Bay Bands 
of Odawa Indians and the Little River Band of Ottawa Indians; 
(2) the term "member" means those individuals enrolled 
in the Bands 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 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 Indians, including the Act of June 18, 1934 
(25 U.S.C. 461 et seq.; commonly referred to as the "Indian Reorga-
nization 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 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 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 reservation or 
the location of the residence of any member 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 boundaries 
of the reservations for the Little Traverse Bay Bands as 
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108 STAT. 2158 
PUBLIC LAW 103-324—SEPT. 21, 1994 
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 mem-
bers outside the named service area unless prohibited by 
law or program 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, 
Wexford and Lake, in the State of Michigan, 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 Counties unless prohibited 
by law or program regulations. 
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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 dimin-
ished 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 affecting any legal or equitable claim the Bands might 
have to enforce any right or privilege reserved by or granted to 
the Bands which were wron^ully denied to or taken from the 
Bands prior to the enactment of this Act. 
Real property. 
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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 Traverse Bay Bands. The Secretary shall also accept 
any real property located in those Counties for the benefit of the 
Little Traverse 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 outstanding liens, 
mortgages or taxes owed. 
(b) LITTLE RIVER BAND.—^The Secretary shall acquire real prop-
erty 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 otherwise 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 addi-
tional acreage in each of the Bands' service area specified by section 
4(b) of this Act pursuant to his authority under the Act of June 
18, 1934 (25 U.S.C. 461 et seq.; commonly referred to as the "Indian 
Reorganization Act"). 
(d) RESERVATION.—Subject to the conditions imposed 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. 
PUBLIC LAW 103-324—SEPT. 21, 1994 
108 STAT. 2159 
SEC. 7. MEMBERSHIP. 
Not later than 18 months after the date of the enactment 
of this Act, the Bands shall submit to the Secretary membership 
rolls consisting of all individuals currently enrolled 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 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 Secretary shall conduct, by 
secret ballot, elections for the purposes of adopting new con-
stitutions 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; commonly referred 
to as the "Indian Reorganization Act"). 
(2) INTERIM GOVERNING DOCUMENTS.—Until such time as 
new constitutions are adopted under paragraph (1), the govern-
ing documents in effect on the date of the enactment of this 
Act shall be the interim governing documents for the Bands. 
(b) OFFICIALS.— 
(1) ELECTION.—Not later than 6 months after the Bands 
adopt constitutions and bylaws pursuant to subsection (a), the 
Bands shall conduct elections by secret ballot for the purpose 
of electing officials for the Bands as provided in the Bands' 
respective governing constitutions. The elections shall be con-
ducted according to the procedures described in the Bands' 
constitutions and bylaws. 
(2) INTERIM GOVERNMENTS.—^Until such time as the Bands 
elect new officials pursuant to paragraph (1), the Bands' govern-
ing bodies shall be those governing 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 Bands. 
Approved September 21, 1994. 
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Federal 
Register, 
publication. 
Records. 
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LEGISLATIVE HISTORY—S. 1357: 
HOUSE REPORTS: No. 103-621 (Comm. on Natural Resources). 
SENATE REPORTS: No. 103-260 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 140 (1994): 
May 25, considered and passed Senate. 
Aug. 3, considered and passed House.