[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 437 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 437

    To expedite review of the Grand River Band of Ottawa Indians of 
  Michigan to secure a timely and just determination of whether that 
      group is entitled to recognition as a Federal Indian tribe.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 17, 2005

Mr. Levin (for himself and Ms. Stabenow) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
    To expedite review of the Grand River Band of Ottawa Indians of 
  Michigan to secure a timely and just determination of whether that 
      group is entitled to recognition as a Federal Indian tribe.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Grand River Band 
of Ottawa Indians of Michigan Referral Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                   TITLE I--REFERRAL TO THE SECRETARY

Sec. 101. Purpose.
Sec. 102. Report.
Sec. 103. Action by Congress.
                TITLE II--MEMBERSHIP; JURISDICTION; LAND

Sec. 201. Recognition.
Sec. 202. Membership.
Sec. 203. Federal services and benefits.
Sec. 204. Rights of the Tribe.
Sec. 205. Tribal funds.
Sec. 206. Jurisdiction of trust land.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Band; tribe.--The terms ``Band'' and ``Tribe'' mean the 
        Grand River Band of the Ottawa Indians of Michigan.
            (2) Date of recognition.--The term ``date of recognition'' 
        means the date on which recognition of the Tribe by the 
        Secretary was published in the Federal Register under section 
        201.
            (3) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

                   TITLE I--REFERRAL TO THE SECRETARY

SEC. 101. PURPOSE.

     The purpose of this title is to obtain an expedited review of the 
petition of the Band in order to secure a timely and just determination 
of whether the Band is entitled to recognition as a Federal Indian 
tribe under the rules that govern the recognition of a new group as an 
Indian tribe.

SEC. 102. REPORT.

    (a) In General.--Not later than August 31, 2005, the Secretary 
shall review the petition of the Band and submit to Congress a report 
describing the findings of the Secretary regarding whether--
            (1) the majority of members of the Band are descendants of, 
        and political successors to, signatories of--
                    (A) the treaty made and concluded at Chicago, in 
                the State of Illinois, between Lewis Cass and Solomon 
                Sibley, Commissioners of the United States, and the 
                Ottawa, Chippewa, and Pottawatamie, Nations of Indians 
                on August 29, 1821 (7 Stat. 218);
                    (B) the treaty made and concluded at the city of 
                Washington in the District of Columbia, between Henry 
                R. Schoolcraft, commissioner on the part of the United 
                States, and the Ottawa and Chippewa nations of Indians, 
                by their chiefs and delegates on March 28, 1836 (7 
                Stat. 491); and
                    (C) the articles of agreement and convention made 
                and concluded at the city of Detroit, in the State of 
                Michigan, July 31, 1855, between George W. Manypenny 
                and Henry C. Gilbert, commissioners on the part of the 
                United States, and the Ottawa and Chippewa Indians of 
                Michigan, parties to the treaty of March 28, 1836;
            (2) the history of the Band parallels the history of Indian 
        tribes the members of which are descendants of the signatories 
        to the treaties described in subparagraphs (B) and (C) of 
        paragraph (1), including--
                    (A) the Grand Traverse Band of Ottawa and Chippewa 
                Indians;
                    (B) the Sault Ste. Marie Tribe of Chippewa Indians;
                    (C) the Bay Mills Band of Chippewa Indians;
                    (D) the Little Traverse Bay Band of Odawa Indians; 
                and
                    (E) the Little River Band of Ottawa Indians;
            (3) the majority of members of the Band continue to reside 
        in the ancestral homeland of the Band (which is now the Western 
        lower quadrant of the State of Michigan), as recognized in the 
        treaties described in paragraph (1);
            (4)(A) the Band filed for reorganization of the tribal 
        government of the Band in 1935 under the Act of June 18, 1934 
        (commonly referred to as the ``Indian Reorganization Act'') (25 
        U.S.C. 461 et seq.);
            (B) the Commissioner of Indian Affairs attested to the 
        continued social and political existence of the Band and 
        concluded that the Band was eligible for reorganization; and
            (C) due to a lack of Federal appropriations to implement 
        the provisions of the Indian Reorganization Act, the Band was 
        denied the opportunity to reorganize;
            (5)(A) the Band continued political and social existence as 
        a viable tribal government during the participation of the Band 
        in the Northern Michigan Ottawa Association in 1948, which 
        subsequently pursued a successful land claim with the Indian 
        Claims Commission; and
            (B) the Band carried out tribal governmental functions 
        through the Northern Michigan Ottawa Association while 
        retaining control over local decisions;
            (6) the Federal Government, the government of the State of 
        Michigan, and local governments have had continuous dealings 
        with recognized political leaders of the Band from 1836 to the 
        present; and
            (7) the Band was included in the Michigan Indian Land 
        Claims Settlement Act (Public Law 105-143; 111 Stat. 2652) and 
        was required to submit a fully documented petition not later 
        than December 15, 2000, to qualify for land claim funds set 
        aside for the Band, which the Secretary segregated and holds in 
        trust for the Band pending recognition as the respective share 
        of funds of the Band under that Act.
    (b) Consultation.--In carrying out this section, the Secretary 
shall consult with and request information from--
            (1) elected leaders of the Band; and
            (2) anthropologists, ethno-historians, and genealogists 
        associated with the Band;
            (3) attorneys of the Band; and
            (4) other experts, as the Secretary determines appropriate.
    (c) Conclusion.--
            (1) Positive report.--Not later than August 31, 2005, if 
        the Secretary determines by a preponderance of the evidence 
        that the Band satisfies each condition of subsection (a), the 
        Secretary shall submit to Congress a positive report indicating 
        that determination.
            (2) Negative report.--Not later than August 31, 2005, if 
        the Secretary determines by a preponderance of the evidence 
        that the Band fails to satisfy a condition of subsection (a), 
        the Secretary shall submit to Congress a negative report 
        indicating that determination.
    (d) Failure to Submit Report.--If the Secretary fails to submit to 
Congress a report in accordance with subsection (c)--
            (1) not later than November 30, 2005, the Secretary shall 
        recognize the Band as an Indian tribe; and
            (2) title II shall apply to the Band.

SEC. 103. ACTION BY CONGRESS.

    (a) Action by Deadline.--
            (1) In general.--If Congress acts on the report of the 
        Secretary under section 102(c) by the date that is 60 days 
        after the date of receipt of the report, the Secretary shall 
        carry out the actions described in this subsection.
            (2) Positive report.--If the Secretary submitted a positive 
        report under section 102(c)(1)--
                    (A) not later than November 30, 2005, the Secretary 
                shall recognize the Band as an Indian tribe; and
                    (B) title II shall apply to the Band.
            (3) Negative report.--If the Secretary submitted a negative 
        report under section 102(c)(2), the Secretary shall--
                    (A) return the petition of the Band to the list 
                maintained by the Office of Federal Acknowledgment; and
                    (B) grant the Band any opportunity available to the 
                Band to prove the status of the Band as an Indian 
                tribe.
    (b) Failure to Act by Deadline.--
            (1) In general.--If Congress fails to act on the report of 
        the Secretary under section 102(c) by the date that is 60 days 
        after the date of receipt of the report, the Secretary shall 
        carry out the actions described in this subsection.
            (2) Positive report.--If the Secretary submitted a positive 
        report under section 102(c)(1)--
                    (A) not later than November 30, 2005, the Secretary 
                shall recognize the Band as an Indian tribe; and
                    (B) title II shall apply to the Band.
            (3) Negative report.--If the Secretary submitted a negative 
        report under section 102(c)(2), the Secretary shall--
                    (A) return the petition of the Band to the list 
                maintained by the Office of Federal Acknowledgment; and
                    (B) grant the Band any opportunity available to the 
                Band to prove the status of the Band as an Indian 
                tribe.

                TITLE II--MEMBERSHIP; JURISDICTION; LAND

SEC. 201. RECOGNITION.

     Not later than November 30, 2005, if subsection (a)(2) or (b)(2) 
of section 103 applies, the Secretary shall--
            (1) recognize the Tribe; and
            (2) publish notice of the recognition by the Secretary in 
        the Federal Register.

SEC. 202. MEMBERSHIP.

    (a) List of Present Membership.--Not later than 120 days after the 
date of recognition, the Tribe shall submit to the Secretary a list of 
all individuals that were members of the Tribe on the date of 
recognition.
    (b) List of Individuals Eligible for Membership.--
            (1) In general.--Not later than the date that is 18 months 
        after the date of recognition, the Tribe shall submit to the 
        Secretary a membership roll listing all individuals enrolled 
        for membership in the Tribe.
            (2) Qualifications.--The qualifications for inclusion on 
        the membership roll of the Tribe shall be determined by the 
        Tribe, in consultation with the Secretary, based on the 
        membership clause in the governing document of the Tribe.
            (3) Publication of notice.--On receiving the membership 
        roll under paragraph (1), the Secretary shall publish notice of 
        the membership roll in the Federal Register.
    (c) Maintenance of Rolls.--The Tribe shall ensure that the 
membership roll of the Tribe is maintained.

SEC. 203. FEDERAL SERVICES AND BENEFITS.

    (a) In General.--Not later than October 31, 2005, the Tribe and 
each member of the Tribe shall be eligible for all services and 
benefits provided by the Federal Government to Indians because of their 
status as Indians without regard to--
            (1) the existence of a reservation; or
            (2) the location of the residence of a member on or near an 
        Indian reservation.
    (b) Jurisdiction.--
            (1) In general.--Subject to paragraph (2), for the purpose 
        of delivering a Federal service to an enrolled member of the 
        Tribe, the jurisdiction of the Tribe extends to--
                    (A) all land and water designated to the Ottawa in 
                the treaties described in subparagraphs (A) and (B) of 
                section 102(a)(1); and
                    (B) all land and water described in any other 
                treaty that provides for a right of the Tribe.
            (2) Effect of federal law.--Notwithstanding paragraph (1), 
        the jurisdiction of the Tribe shall be consistent with Federal 
        law.

SEC. 204. RIGHTS OF THE TRIBE.

    (a) Abrogated and Diminished Rights.--Any right or privilege of the 
Tribe or any member of the Tribe that was abrogated or diminished 
before the date of recognition under section 201 is reaffirmed.
    (b) Existing Rights of Tribe.--
            (1) In general.--This Act does not diminish any right or 
        privilege of the Tribe or any member of the Tribe that existed 
        prior to the date of recognition.
            (2) Legal and equitable claims.--Except as otherwise 
        provided in this Act, nothing in this Act alters or affects any 
        legal or equitable claim of the Tribe to enforce any right or 
        privilege reserved by or granted to the Tribe that was 
        wrongfully denied to or taken from the Tribe prior to the date 
        of recognition.
    (c) Future Applications.--This Act does not address the merits of, 
or affect the right of the Tribe to submit, any future application 
regarding--
            (1) placing land into trust; or
            (2) gaming (as defined in section 4 of the Indian Gaming 
        Regulatory Act (25 U.S.C. 2703)).

SEC. 205. TRIBAL FUNDS.

     Notwithstanding section 110 of the Michigan Indian Land Claims 
Settlement Act (111 Stat. 2663), effective beginning on the date of 
enactment of this Act, any funds set aside by the Secretary for use by 
the Tribe shall be made available to the Tribe.

SEC. 206. JURISDICTION OF TRUST LAND.

    (a) In General.--The Tribe shall have jurisdiction over all land 
taken into trust by the Secretary for the benefit of the Tribe, to the 
maximum extent allowed by law.
    (b) Service Area.--The Tribe shall have jurisdiction over all 
members of the Tribe that reside in the service area of the Tribe in 
matters pursuant to the Indian Child Welfare Act of 1978 (25 U.S.C. 
1901 et seq.), as if the members resided on a reservation (as defined 
in that Act).
                                 <all>