[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 878 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 878

 To restore Federal services to the Pokagon Band of Potawatomi Indians.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 4, 1993

 Mr. Upton (for himself and Mr. Roemer) introduced the following bill; 
        which was referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To restore Federal services to the Pokagon Band of Potawatomi Indians.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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 relinquished 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 Community of Wisconsin, the Prairie 
        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 financial condition of the Federal Government during the 
        Great Depression it relied upon the State of Michigan to 
        provide services to the Pokagon Band. Other Potawatomi bands, 
        including 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 
        southwestern 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 out 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 continuous 
        dealings with the recognized political leaders of the Band from 
        1795 until the present.

SEC. 2. FEDERAL RECOGNITION.

    Federal recognition of the Pokagon Band of Potawatomi Indians is 
hereby affirmed. Except as otherwise provided 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.), shall apply with respect 
to the Band and its members.

SEC. 3. SERVICES.

    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 federally 
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.

    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 publish notice of such in the 
Federal Register. The Bands shall ensure that such rolls are maintained 
and kept current.

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 governing 
        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 
        constitution.
            (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.

SEC. 6. TRIBAL LANDS.

    The Band's tribal land shall consist of all real property, 
including 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 
reservation.

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.

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 Band shall exercise jurisdiction over all its members 
who reside within the service area in matters pursuant to the Indian 
Child Welfare Act, 25 U.S.C. 1901 et seq., as if the members were 
residing upon a reservation as defined in that Act.

SEC. 9. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``Band'' means the Pokagon Band of Potawatomi 
        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.

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