[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1066 Enrolled Bill (ENR)]

        S.1066

                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
 the twenty-fifth day of January, one thousand nine hundred and ninety-
                                  four


                                 An Act

  
 
  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.; commonly referred to as 
the ``Indian Reorganization Act''), 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 of 1978 (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.







                               Speaker of the House of Representatives.







                            Vice President of the United States and    
                                               President of the Senate.