[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2822 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2822

  To reaffirm and clarify the Federal relationship of the Swan Creek 
    Black River Confederated Ojibwa Tribes as a distinct federally 
            recognized Indian tribe, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 5, 1997

 Mr. Knollenberg (for himself and Mr. Barcia) introduced the following 
         bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
  To reaffirm and clarify the Federal relationship of the Swan Creek 
    Black River Confederated Ojibwa Tribes 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 ``Swan Creek Black River Confederated 
Ojibwa Tribes of Michigan Act''.

SEC. 2. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``Tribe'' means the Swan Creek and Black River 
        Confederated Ojibwa Tribes of Michigan;
            (2) the term ``member'' means an individual who is eligible 
        for enrollment in the Tribe pursuant to section 4; and
            (3) the term ``Secretary'' means the Secretary of the 
        Interior.

SEC. 3. FINDINGS.

    The Congress finds the following:
            (1) The Tribe is the descendant of, and political successor 
        to, the signatories of the 1785 Treaty of McIntosh (7 Stat. 
        16); the 1789 Treaty of Fort Harmar (7 Stat. 28); the 1795 
        Treaty of Greenville (7 Stat. 49); the 1805 Treaty with the 
        Wyandot (7 Stat. 87); the 1807 Treaty of Detroit (7 Stat. 105); 
        the 1808 Treaty of Detroit (7 Stat. 112); the Treaty of 1815 (7 
        Stat. 131); the Treaty of 1816 (7 Stat. 146); the Treaty of 
        1817 (7 Stat. 160); the Treaty of 1833 (7 Stat. 431); the 1836 
        Treaty of Washington (7 Stat. 503); the 1855 Treaty of Detroit 
        (11 Stat. 633); and the Treaty of 1864 (14 Stat. 657).
            (2) The aboriginal lands of the Tribe comprise the area 
        which is now known as Monroe, Shiawassee, Lenawee, Wayne, 
        Oakland, Macomb, St. Clair, Lapeer, Sanilac, Livingston, 
        Washtenaw, Genesee, and Tuscola Counties in southeastern lower 
        Michigan. The boundaries of the Tribe's aboriginal lands extend 
        from Monroe County in the Southeast, to Sanilac County in the 
        North, to Genesee County in the West.
            (3) The cession treaties, from the 1807 Treaty of Detroit 
        through the 1836 Treaty of Washington, legitimated seizure of 
        tribal lands by settlers, forced the Tribe to relinquish most 
        of its rich aboriginal lands in southeastern Michigan, 
        relegating the Tribe to small tracts of land in Macomb, Wayne, 
        Washtenaw, and St. Clair counties in Michigan, and its members 
        to small annuity payments by the United States.
            (4) The 1836 Treaty of Washington compelled the Tribe to 
        relinquish the small tracts of land granted in the 1807 Treaty 
        of Detroit, purportedly in exchange for future annuity payments 
        and an equivalent amount of land in Kansas. The 1807 treaty did 
        not require the Tribe to relocate to the lands in Kansas and 
        only 51 members actually did so. According to the 1845 United 
        States Richmond census documents, the majority of the Tribe 
        migrated north to Lapeer County, Michigan or remained in the 
        counties of Macomb, Wayne, Washtenaw, and St. Clair.
            (5) Pursuant to the 1855 Treaty of Detroit, members of the 
        Tribe were requested to relocate from their homes in Lapeer, 
        Macomb, Wayne, Washtenaw, and St. Clair counties in Michigan to 
        non-aboriginal lands further north in Isabella County, 
        Michigan, where tribal members were entitled to individual land 
        allotments. Many members remained in Lapeer, Macomb, Wayne, 
        Washtenaw, and St. Clair counties. For the administrative 
        convenience of the Federal Government, the 1855 Treaty of 
        Detroit also relocated the Saginaw Band of Chippewa Indians, 
        including some Potowatomis and Ottawas to the newly-established 
        reservation lands in Isabella County. Article 6 of that treaty 
        also provided that the organization of the Tribe and of the 
        Saginaw Band of Chippewa Indians was dissolved, ``except so far 
        as may be necessary for the purpose of carrying into effect'' 
        the provisions of the treaty.
            (6) Another 1855 Treaty of Detroit (11 Stat. 624) similarly 
        grouped different bands of Ottawa and Chippewa Indians for 
        administrative convenience. Article 5 of that treaty provided 
        for dissolution of the organization of these bands except so 
        far as may be necessary for the purpose of carrying into effect 
the provisions of that treaty. Subsequent judicial interpretation of 
that article determined that its intent was to dissolve the Federal 
Government's fictional coupling of these tribes, not to destroy their 
independent sovereign existence. Public Law 103-324 confirmed this 
interpretation by reaffirming the Federal recognition of the Little 
River Band of Ottawa Indians as a tribe separate and distinct from the 
Chippewa Indians.
            (7) The Treaty of 1864 confirmed continued Federal 
        acknowledgement of the Tribe by specifically naming the Swan 
        Creek and Black River Chippewas in that treaty's preamble.
            (8) Over time and without justification, the Federal 
        Government unilaterally withdrew from the Federal relationship 
        established with the Tribe through the aforementioned treaties. 
        The Tribe brought suit against the Federal Government for 
        amounts past due under the treaties. In 1910 and 1924, the 
        Congress enacted jurisdictional acts (36 Stat. 829 and 43 Stat. 
        137, respectively) to enable the Tribe and the Saginaw Band of 
        Chippewa to file their respective claims against the United 
        States. These claims, filed in 1927, were later incorporated 
        into Indian Claims Commission Dockets 57, 59, and 13-E, and 
        United Claims Court Docket 13-F.
            (9) Beginning in 1935, the Tribe 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''). Due to misinterpretation of 
        Article 6 of the 1855 Treaty of Detroit, the Commissioner of 
        Indian Affairs concluded that the Tribe could not organize 
        separately from the Saginaw Band of Chippewa Indians. Due to 
        the lack of funding available for tribal land acquisition, the 
        Swan Creek Black River Ojibwa Bands were unable to purchase 
        their own reservation lands.
            (10) In 1939, agents of the Federal Government made an 
        administrative decision not to provide services or extend the 
        benefits of the Indian Reorganization Act to any additional 
        Indian tribes located in Michigan's lower peninsula, as 
        recognized by the 1807 Treaty of Detroit (7 Stat. 105), the 
        1819 Treaty of Saginaw (7 Stat. 203), the March 28, 1836 Treaty 
        of Washington (7 Stat. 491), and the May 9, 1836 Treaty of 
        Washington (7 Stat. 503).
            (11) In 1986, Congress enacted Public Law 99-346 (100 Stat. 
        674) to distribute judgment funds awarded in settlement of the 
        claims brought by the Tribe and the Saginaw Band in Dockets 57, 
        59, 13-E, and 13-F in a nondiscriminatory manner to the 
        claimants and their descendants. This Act, like the 
        jurisdictional Acts of 1910 and 1924, contained no clear and 
        unambiguous intent to terminate the Federal relationship with 
        the Tribe. To the contrary, these Acts acknowledged that the 
        Tribe possessed collective sovereign rights in tribal lands and 
        funds, a primary criterion for Federal recognition.
            (12) Despite administrative denials of requests by the 
        Tribe to organize its own federally recognized tribal 
        government, the Tribe continued to carry out its governmental 
        functions through various formal and informal political and 
        social structures, including a Tribal Council. Between 1937 and 
        1991, the Tribe conducted many of its government functions 
        through associations organized by Swan Creek members, including 
        the Saginaw Rural and Urban Indian Association. In 1991, the 
        Tribe chartered a State-sanctioned, non-profit tribal 
        government and agreed to seek Federal recognition of its 
        confederation of Swan Creek and Black River Ojibwa Bands as a 
        distinct tribe.
            (13) Other tribes in Michigan, whose members are 
        descendants of the signatories to one or more of the treaties 
        listed in paragraph (1) have been recognized by the Federal 
        Government as distinct Indian tribes, including the Pokagon 
        Band of Potawatomi Indians, the Huron Potawatomi Band of 
        Indians, the Grand Traverse Band of Ottawa and Chippewa 
        Indians, the Sault St. Marie Tribe of Chippewa Indians, the Bay 
        Mills Band of Chippewa Indians, the Saginaw Chippewa Tribe of 
        Michigan, and the Little Traverse Bay Bands of Odawa Indians.
            (14) The Tribe has at least 300 eligible members who 
        continue to reside close to what was recognized in the 1807 
        Treaty of Detroit as their ancestral homelands in southeastern 
        lower Michigan.
            (15) 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 Tribe 
        since 1785.
            (16) In light of the treaty relations between the Tribe and 
        the United States, the Tribe's recognition as a tribe in Acts 
        of Congress, and Federal recognition of the Tribe's rights in 
        tribal lands and funds, it is appropriate for Congress to 
        reaffirm and clarify the Federal relationship of the Tribe in 
        the same manner as Congress has reaffirmed Federal recognition 
        of the Lac Vieux Desert Band of Lake Superior Chippewa Indians, 
the Pokagon Band of Potawatomi Indians, the Little Traverse Bay Bands 
of Odawa Indians, and the Little River Band of Ottawa Indians.

SEC. 4. FEDERAL RECOGNITION.

    (a) Federal Recognition.--Federal recognition of the Swan Creek 
Black River Confederated Ojibwa Tribes of Michigan Indians is hereby 
affirmed. 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 not 
inconsistent with any specific provision of this Act shall be 
applicable to the Tribe and its members.
    (b) Federal Services and Benefits.--
            (1) In general.--The Tribe and its members shall be 
        eligible, on and after the date of the enactment of this Act, 
        for all future services and benefits furnished to federally 
        recognized Indian tribes without regard to the existence of a 
        reservation for the Tribe or the location of the residence of 
        any member on or near any Indian reservation.
            (2) Service area.--For purposes of the delivery of Federal 
        services to enrolled members of the Tribe, the Tribe's service 
        area shall be deemed to be the area comprised of Monroe, 
        Shiawassee, Lenawee, Wayne, Oakland, Macomb, St. Clair, Lapeer, 
        Sanilac, Washtenaw, Genesee, and Tuscola Counties in 
        southeastern lower Michigan. Such services shall be provided 
        notwithstanding the establishment of a reservation for the 
        Tribe after the date of 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 Tribe, and the 
members thereof, which may have been abrogated or diminished before the 
date of 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 Tribe, or the 
members thereof, that existed prior to the date of 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 Tribe might have to enforce 
any right or privilege reserved by or granted to the Tribe which was 
wrongfully denied to or taken from the Tribe prior to the enactment of 
this Act.

SEC. 6. TRIBAL LANDS.

    The Tribe's tribal lands shall consist of all real property, now or 
hereafter held by, or in trust for, the Tribe. The Secretary shall 
acquire real property for the benefit of the Tribe. Any such property 
shall be taken by the Secretary in the name of the United States in 
trust for the benefit of the Tribe and shall become part of the Tribe's 
reservation. All lands restored to the Tribe pursuant to this section, 
whether now or hereafter held, shall be within those lands previously 
ceded by the Tribe in the 1807 Treaty of Detroit (7 Stat. 105).

SEC. 7. MEMBERSHIP.

    Not later than 18 months after the date of the enactment of this 
Act, the Tribe shall submit to the Secretary membership rolls 
consisting of all individuals eligible for membership in the Tribe. The 
qualifications for inclusion on the membership rolls of the Tribe shall 
be determined by the membership clause in the governing documents of 
the Tribe in consultation with the Secretary. Upon completion of the 
rolls, the Secretary shall immediately publish notice of such in the 
Federal Register. The Tribe shall ensure that such rolls are 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 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 Tribe.
            (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 Tribe.
    (b) Officials.--
            (1) Election.--Not later than 6 months after the Tribe 
        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 Tribe as provided in the 
        constitution. The election shall be conducted according to the 
        procedures described in subsection (a) except to the extent 
        that such procedures conflict with the constitution of the 
        Tribe.
            (2) Interim government.--Until such time as the Tribe 
        elects new officials pursuant to paragraph (1), the governing 
        body of the Tribe 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 Tribe.

SEC. 9. JURISDICTION.

    The Tribe shall have jurisdiction to the full extent allowed by law 
over all lands taken into trust for the benefit of the Tribe by the 
Secretary. The Tribe shall exercise jurisdiction over all its members 
who reside within its service area, as specified in section 4(b)(2) 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.
                                 <all>