A bill to restore Federal services to the Pokagon Band of Potawatomi Indians.
PL 103-323 (S.1066), enacted 09/21/1994

108 STAT. 2152 
PUBLIC LAW 103-323—SEPT. 21, 1994 
Public Law 103-323 
103d Congress 
An Act 
Sept. 21, 1994 
[S. 1066] 
To restore Federal services to the Pokagon Band of Potawatomi Indians. 
Be it enacted by the Senate and House of Representatives 
of 
Michigan. 
(fig United States of America in Congress assembled, 
25 u s e 1300J. 
SECTION 1. FINDINGS. 
The Congress finds the following: 
(1) The Pokagon Band of Potawatomi Indians is the 
descendant of, and political successor to, the signatories of 
the Treaty of Greenville 1795 (7 Stat. 49); the Treaty of 
Grouseland 1805 (7 Stat. 91); the Treaty of Spring Wells 1815 
(7 Stat. 131); the Treaty of the Rapids of the Miami of Lake 
Erie 1817 (7 Stat. 160); the Treaty of St. Mary's 1818 (7 
Stat. 185); the Treaty of Chicago 1821 (7 Stat. 218); the Treaty 
of the Mississinewa on the Wabash 1826 (7 Stat. 295); the 
Treaty of St. Joseph 1827 (7 Stat. 305); the Treaty of St. 
Joseph 1828 (7 Stat. 317); the Treaty of Tippecanoe River 
1832 (7 Stat. 399); and the Treaty of Chicago 1833 (7 Stat. 
431). 
(2) In the Treaty of Chicago 1833, the Pokagon Band of 
Potawatomi Indians was the only band that negotiated a right 
to remain in Michigan. The other Potawatomi bands relin-
quished all lands in Michigan and were required to move to 
Kansas or Iowa. 
(3) Two of the Potawatomi bands later returned to the 
Great Lakes area, the Forest County Potawatomi of Wisconsin 
and the Hannahville Indian Community of Michigan. 
(4) The Hannahville Indian Community of Michigan, the 
Forest County Potawatomi Commimity of Wisconsin, the Prai-
rie Band of Potawatomi Indians of Kansas, and the Citizen 
Band Potawatomi Indian Tribe of Oklahoma, whose members 
are also descendants of the signatories to one or more of the 
aforementioned treaties, have been recognized by the Federal 
Government as Indian tribes eligible to receive services from 
the Secretary of the Interior. 
(5) Beginning in 1935, the Pokagon Band of Potawatomi 
Indians petitioned for reorganization and assistance pursuant 
to the Act of June 18, 1934 (25 U.S.C. 461 et seq., commonly 
referred to as the "Indian Reorganization Act"). Because of 
the fiuEuicial condition of the Fedferal Government during the 
PUBLIC LAW 103-323—SEPT. 21, 1994 
108 STAT. 2153 
Great Depression it relied upon the State of Michigan to provide 
services to the Pokagon Band. Other Potawatomi bands, includ-
ing the Forest County Potawatomi and the Hannahville Indian 
Community were provided services pursuant to the Indian 
Reorganization Act. 
(6) Agents of the Federal Government in 1939 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. 
(7) Tribes elsewhere, including the Hannahville Indian 
Community in Michigan's upper peninsula, received services 
from the Federal Government and were extended the benefits 
of the Indian Reorganization Act. 
(8) The Pokagon Band of Potawatomi Indians consists of 
at least 1,500 members who continue to reside close to their 
ancestral homeland in the St. Joseph River Valley in southwest-
ern Michigan and northern Indiana. 
(9) In spite of the denial of the right to organize under 
the Indian Reorganization Act, the Pokagon Band has continued 
to carry but its governmental functions through a Business 
Committee and Tribal Council from treaty times until today. 
(10) The United States Government, the government of 
the State of Michigan, and local governments have had continu-
ous dealings with the recognized political leaders of the Band 
from 1795 until the present. 
SEC. 2. FEDERAL RECOGNITION. 
25 USC 1300J-1. 
Federal recognition of the Pokagon Band of Potawatomi Indiems 
is hereby affirmed. Except as otherwise proviaed in this Act, all 
Federal laws of general application to Indians and Indian tribes, 
including the Act of June 18, 1934 (25 U.S.C. 461 et seq.; commonly 
referred to as the "Indian Reorganization Act"), shall apply with 
respect to the Band and its members. 
SEC. 3. SERVICES. 
25 USC 1300J-2. 
Notwithstanding any other provision of law, the Band and 
its members shall be eligible, on and after the date of the enactment 
of this Act, for all Federal services and benefits furnished to feder-
ally recognized Indian tribes without regard to the existence of 
a reservation for the Band or the location of the residence of 
any member on or near an Indian reservation. 
SEC. 4. TRIBAL MEMBERSHIP. 
25 USC 1300J-3. 
Not later than 18 months after the date of the enactment 
of this Act, the Band shall submit to the Secretary membership 
rolls consisting of all individuals eligible for membership in such 
Band. The qualifications for inclusion on the membership rolls 
of the Band shall be determined by the membership clauses in 
the Band's governing documents, in consultation with the Secretary. 
Upon completion of the rolls, the Secretary shall immediately pub- Federal 
lish notice of such in the Federal Register. The Bands shall ensure 
?ublfcation 
that such rolls are maintained and kept current. 
Records.^°" 
108 STAT. 2154 
PUBLIC LAW 103-323—SEPT. 21, 1994 
25 use 1300J-4. 
SEC. 5. 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 and in accordance with the provisions of section 
16 of the Act of June 18, 1934 (25 U.S.C. 476), an election 
to adopt a constitution and bylaws for the Band. 
(2) INTERIM GOVERNING DOCUMENTS.—Until such time as 
a new constitution is adopted under paragraph (1), the govern-
ing documents in effect on the date of enactment of this Act 
shall be the interim governing documents for the Band. 
(b) OFFICIALS.— 
(1) ELECTION.—Not later than 6 months after the Band 
adopts a constitution and bylaws pursuant to subsection (a), 
the Secretary shall conduct elections by secret ballot for the 
purpose of electing officials for the Band as provided in the 
Band's constitution. The election shall be conducted according 
to the procedures described in subsection (a), except to the 
extent that such procedures conflict with the Band's constitu-
tion. 
(2) INTERIM GOVERNMENT.—Until such time as the Band 
elects new officials pursuant to paragraph (1), the Band's 
governing body shall be the governing body in place on the 
date of the enactment of this Act, or any new governing body 
selected under the election procedures specified in the interim 
governing documents of the Band. 
Real property. 
SEC. 6. TRIBAL LANDS. 
25 use 1300J-5. 
The Band's tribal land shall consist of all real property, includ-
ing the land upon which the Tribal Hall is situated, now or hereafter 
held by, or in trust for, the Band. The Secretary shall acquire 
real property for the Band. Any such real 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 reserva-
tion. 
25 use 1300J-6. 
SEC. 7. SERVICE AREA. 
The Band's service area shall consist of the Michigan counties 
of Allegan, Berrien, Van Buren, and Cass and the Indiana counties 
of La Porte, St. Joseph, Elkhart, Starke, Marshall, and Kosciusko. 
25 u s e 1300J-7. 
SEC. 8. JURISDICTION. 
The Band shall have jurisdiction to the full extent allowed 
by law over all lands taken into trust for the benefit of the Band 
by the Secretary. The Beuid shall exercise jurisdiction over all 
its members who reside within the service area in matters pursuant 
to the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.), 
as if the members were residing upon a reservation as defined 
in that Act. 
PUBLIC LAW 103-323—SEPT. 21, 1994 
108 STAT. 2155 
SEC. 9. D E F m m O N S . 
25 USC 1300J-8. 
For purposes of this Act— 
(1) the term "Band" means the Pokagon Band of Pota-
watomi Indians; 
(2) the term "member" means those individuals eligible 
for enrollment in the Band pursuant to section 4; and 
(3) the term "Secretary" means the Secretary of the 
Interior. 
Approved September 21, 1994. 
LEGISLATIVE HISTORY—S. 1066: 
HOUSE REPORTS: No. 103-620 (Comm. on Natural Resources). 
SENATE REPORTS: No. 103-266 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 140 (1994): 
June 10, considered and passed Senate. 
Aug. 3, considered and passed House.