[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1182 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1182

  Entitled the ``Burt Lake Band of Ottawa and Chippewa Indians Act of 
                                1995''.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 11 (legislative day, July 10), 1995

   Mr. Levin introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
  Entitled the ``Burt Lake Band of Ottawa and Chippewa Indians Act of 
                                1995''.
    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 of 1995''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the Burt Lake Band of Ottawa and Chippewa Indians are 
        descendants and political successors to the Indians that signed 
        the treaty between the United States and the Ottawa and 
        Chippewa nations of Indians at Washington, D.C. on March 28, 
        1836, and the treaty between the United States and the Ottawa 
        and Chippewa Indians of Michigan at Detroit on July 31, 1855;
            (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 Indians that signed the treaties referred to 
        in paragraph (1), 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 
        reservations of lands under the treaties referred to in 
        paragraph (1) in the area that is currently known as Cheboygan 
        County, Michigan;
            (4) the Band continues to exist and carry out political and 
        social activities with a viable tribal government;
            (5) the Band, along with other Michigan Odawa and Ottawa 
        groups, including the tribes described in paragraph (2), formed 
        the Northern Michigan Ottawa Association in 1948;
            (6) the Northern Michigan Ottawa Association subsequently 
        submitted a successful land claim with the Indian Claims 
        Commission;
            (7) during the period between 1948 and 1975, the Band 
        carried out many governmental functions through the Northern 
        Michigan Ottawa Association, and at the same time retained 
        control over local decisions;
            (8) in 1975, the Northern Michigan Ottawa Association 
        submitted a petition under the Act of June 18, 1934 (commonly 
        referred to as the ``Indian Reorganization Act'') (48 Stat. 984 
        et seq., chapter 576; 25 U.S.C. 461 et seq.), to form a 
        government on behalf of the Band;
            (9) in spite of the eligibility of the Band to form a 
        government under the Act of June 18, 1934, the Bureau of Indian 
        Affairs failed to act on the petition referred to in paragraph 
        (8); and
            (10) from 1836 to the date of enactment of this Act, the 
        Federal Government, the government of the State of Michigan, 
        and political subdivisions of the State have had continuous 
        dealings with the recognized political leaders of the Band.

SEC. 3. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Band.--The term ``Band'' means the Burt Lake Band of 
        Ottawa and Chippewa Indians.
            (2) Member.--The term ``member'' means any individual 
        enrolled in the Band pursuant to section 7.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
SEC. 4. FEDERAL RECOGNITION.

    (a) Federal Recognition.--Congress hereby reaffirms the Federal 
recognition of the Burt Lake Band of Ottawa and Chippewa Indians.
    (b) Applicability of Federal Laws.--Notwithstanding any other 
provision of law, each provision of Federal law (including any 
regulation) of general application to Indians or Indian nations, 
tribes, or bands, including the Act of June 18, 1934 (commonly referred 
to as the ``Indian Reorganization Act'') (48 Stat. 984 et seq., chapter 
576; 25 U.S.C. 461 et seq.), that is inconsistent with any specific 
provision of this Act shall not apply to the Band or any of its 
members.
    (c) 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. Notwithstanding any other provision of 
law, those services and benefits shall be provided after the date of 
the enactment of this Act to the Band and its members without regard 
to--
                    (A) whether or not there is an Indian reservation 
                for the Band; or
                    (B) whether or not a member resides on or near an 
                Indian reservation.
            (2) Service areas.--
                    (A) In general.--For purposes of the delivery of 
                Federal services to the enrolled members of the Band, 
                the area of the State of Michigan within a 70-mile 
                radius of the boundaries of the reservation for the 
                Burt Lake Band, as set forth in the seventh paragraph 
                of Article I of the treaty between the United States 
                and the Ottawa and Chippewa Indians of Michigan (done 
                at Detroit on July 31, 1855) shall be deemed to be 
                within or near an Indian reservation.
                    (B) Effect of establishment of an indian 
                reservation after the date of enactment of this act.--
                If an Indian reservation is established for the Band 
                after the date of enactment of this Act, subparagraph 
                (A) shall continue to apply on and after the date of 
                the establishment of that reservation.
                    (C) Provision of services and benefits outside the 
                service area.--Unless prohibited by Federal law, the 
                services and benefits referred to in paragraph (1) may 
                be provided to members outside the service area 
                described in subparagraph (A).

SEC. 5. REAFFIRMATION OF RIGHTS.

    (a) In General.--To the extent consistent with the reaffirmation of 
the recognition of the Band under section 4(a), 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 may be construed 
to diminish any right or privilege of the Band or its members that 
existed before the date of the enactment of this Act. Except as 
otherwise specifically provided, nothing in this Act may 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 
that was wrongfully denied to the Band or taken from the Band before 
the date of enactment of this Act.

SEC. 6. TRIBAL LANDS.

    The tribal lands of the Band shall consist of all real property 
held by, or in trust for, the Band. The Secretary shall acquire real 
property for the Band. Any property acquired by the Secretary pursuant 
to this section shall be held in trust by the United States for the 
benefit of the Band and shall become part of the reservation of the 
Band.

SEC. 7. MEMBERSHIP.

    (a) In General.--Not later than 18 months after the date of 
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 at the time of the submission of the membership 
roll.
    (b) Qualifications.--The Band shall, in consultation with the 
Secretary, determine, pursuant to applicable laws (including 
ordinances) of the Band, the qualifications for including an individual 
on the membership roll.
    (c) Publication of Notice.--The Secretary shall publish notice of 
receipt of the membership roll in the Federal Register as soon as 
practicable after receiving the membership roll pursuant to subsection 
(a).
    (d) Maintenance of Roll.--The Band shall maintain the membership 
roll of the Band prepared pursuant to this section in such manner as to 
ensure that the membership roll is current.

SEC. 8. CONSTITUTION AND GOVERNING BODY.

    (a) Constitution.--
            (1) Adoption.--Not later than 2 years 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 (commonly referred to as 
        the ``Indian Reorganization Act'') (48 Stat. 987, chapter 576; 
        25 U.S.C. 476).
            (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 180 days after the Band 
        adopts a 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 
        governing constitution of the Band. The elections shall be 
        conducted according to the procedures described in the 
        governing constitution and bylaws of the Band.
            (2) Interim governments.--Until such time as the Band 
        elects new officials pursuant to paragraph (1), the governing 
        bodies of the Band shall include each governing body of the 
        Band in effect on the date of the enactment of this Act, or any 
        succeeding governing body selected under the election 
        procedures specified in the applicable interim governing 
        documents of the Band.
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