[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 746 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 746

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 SENATE OF THE UNITED STATES

                              May 15, 1997

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

_______________________________________________________________________

                                 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 that--
            (1) the Burt Lake Band of Ottawa and Chippewa Indians are 
        descendants and political successors to the signatories of the 
        treaty between the United States and the Ottawa and Chippewa 
        nations of Indians at Washington, D.C. on March 28, 1836 (7 
        Stat. 491 et seq.), and the treaty between the United States 
        and the Ottawa and Chippewa Indians of Michigan at Detroit on 
        July 31, 1855 (11 Stat. 621 et seq.);
            (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 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 650 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 1935, the Band 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 referred to in paragraph (8), the 
        Bureau of Indian Affairs failed to act on the petition referred 
        to in that paragraph; 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.

    In this Act:
            (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 reaffirms the Federal 
recognition of the Burt Lake Band of Ottawa and Chippewa Indians.
    (b) Applicability of Federal Laws.--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.--
                    (A) 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.
                    (B) Services and benefits.--Notwithstanding any 
                other provision of law, the services and benefits 
                referred to in subparagraph (A) shall be provided after 
                the date of enactment of this Act to the Band and its 
                members without regard to--
                            (i) whether an Indian reservation exists 
                        for the Band; or
                            (ii) the location of the residence of any 
                        member 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 (11 Stat. 621 et seq.), 
                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 enactment of this Act, are 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 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 
        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 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 under 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.
                                 <all>