[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 377 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 377

To reaffirm and clarify the Federal relationship of the Burt Lake Band 
    as a distinct federally recognized Indian Tribe, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

  Mr. Stupak introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To reaffirm and clarify the Federal relationship of the Burt Lake Band 
    as a distinct federally recognized Indian Tribe, 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 ``Burt Lake Band of Ottawa and 
Chippewa Indians Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Burt Lake Band of Ottawa and Chippewa Indians are 
        descendants and political successors to the signatories of the 
        1836 Treaty of Washington and the 1855 Treaty of Detroit.
            (2) The Grand Traverse Band of Ottawa and Chippewa Indians, 
        the Sault Ste. Marie Tribe of Chippewa Indians, 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 recognized by the 
        Federal Government as distinct Indian tribes.
            (3) The Burt Lake Band of Ottawa and Chippewa Indians 
        consists of over 600 eligible members who continue to reside 
        close to their ancestral homeland as recognized in the 
        Cheboygan Reservation in the 1836 Treaty of Washington and 1855 
        Treaty of Detroit, which area is now known as Cheboygan County, 
        Michigan.
            (4) The Band continues its political and social existence 
        with a viable tribal government. The Band, 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.
            (5) Between 1948 and 1975, the Band carried out many of 
        their governmental functions through the Northern Michigan 
        Ottawa Association, while retaining individual Band control 
        over local decisions.
            (6) 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 Band. Again, in 
        spite of the Band's eligibility, the Bureau of Indian Affairs 
        failed to act.
            (7) 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 
        1836 to the present.

SEC. 3. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``Band'' means the Burt Lake Band of Ottawa 
        and Chippewa Indians;
            (2) the term ``member'' means those individuals enrolled in 
        the Band 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 Burt Lake Band 
of Ottawa and Chippewa 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 
Reorganization Act''), which are inconsistent with any specific 
provision of this Act shall not be applicable to the Band and its 
members.
    (b) Federal Services and Benefits.--
            (1) In general.--The Band and its 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 Band and its 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.--For purposes of the delivery of Federal 
        services to the enrolled members of the Band, the area of the 
        State of Michigan within 70 miles of the boundaries of the 
        reservation for the Burt Lake Band as set out in Article I, 
        paragraph ``seventh'' of the Treaty of 1855 (11 Stat. 621), 
        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 service area unless 
        prohibited by law or regulation.

SEC. 5. REAFFIRMATION OF RIGHTS.

    (a) In General.--All rights and privileges of the Band and its 
members, which may have been abrogated or diminished 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 Band or of its 
members that existed before the date of the 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 Band may have to enforce any 
right or privilege reserved by or granted to the Band which was 
wrongfully denied to or taken from the Band before the enactment of 
this Act.

SEC. 6. TRIBAL LANDS.

    The Band's tribal lands shall consist of all real property, now or 
hereafter held by, or in trust for, the Band. The Secretary shall 
acquire real property for the Band. Any such 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. MEMBERSHIP.

    Not later than 18 months after the date of the enactment of this 
Act, the Band shall submit to the Secretary a membership roll 
consisting of all individuals currently enrolled for membership in the 
Band. The qualifications for inclusion on the membership roll of the 
Band shall be determined by the membership clauses in the Band's 
governing document, in consultation with the Secretary. Upon completion 
of the roll, the Secretary shall immediately publish notice of such in 
the Federal Register. The Band shall ensure that such roll is 
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 purpose of adopting a new 
        constitution for the Band. 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 a new 
        constitution is adopted under paragraph (1), the governing 
        documents in effect on the date of the enactment of this Act 
        shall be the interim governing documents for the Band.
    (b) Officials.--
            (1) Elections.--Not later than 6 months after the Band 
        adopts their constitution and bylaws pursuant to subsection 
        (a), the Band shall conduct elections by secret ballot for the 
        purpose of electing officials for the Band as provided in the 
        Band's governing constitution. The elections shall be conducted 
        according to the procedures described in the Band's 
        constitution and bylaws.
            (2) Interim governments.--Until such time as the Band 
        elects new officials pursuant to paragraph (1), the Band's 
        governing bodies shall be those 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 respective 
        interim governing documents of the Band.

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