[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1358 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1358

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

                             March 5, 2009

  Mr. Stupak introduced the following bill; which was referred to the 
                     Committee on Natural 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 Reaffirmation Act''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) The members of the Burt Lake Band of Ottawa and 
        Chippewa Indians, whose historic name is the Cheboigan (or 
        Cheboygan) Band, are descendants and a political successor to 
        signatories of the 1836 Treaty of Washington and the 1855 
        Treaty of Detroit. The treaty signatories were twice recognized 
        by the United States, on a government-to-government 
        relationship basis, through the execution and ratification of 
        those treaties.
            (2) The 1836 Treaty of Washington provided that the 
        Cheboigan Band would receive a reservation of 1,000 acres on 
        the Cheboigan, within its aboriginal territory, for a period of 
        5 years after ratification of that treaty but the United States 
        failed to provide that reservation. The 1855 Treaty of Detroit 
        provided that Ottawa and Chippewa Indians could select 
        individual allotments of land within designated reserves, and 2 
        townships were set aside for selection by the ``Cheboygan 
        Band'' in Cheboygan County. Those members who selected 
        allotments within that area were not awarded those individual 
        land holdings until 3 years after a special Act of Congress was 
        passed in 1872.
            (3) Between 1845 and 1850 the Band's members used treaty 
        annuity payments to purchase land for the Band in Burt 
        Township, Cheboygan County, Michigan. That land, called 
        Colonial Point, was placed in trust with the Governor of 
        Michigan on the advice of Federal Indian agents.
            (4) During the next 50 years, questions arose regarding the 
        taxability of the property, and the acreage was ultimately sold 
        for back taxes in 1900.
            (5) After the Band was forcibly evicted from Colonial Point 
        and its village was burned to the ground by its new owner, John 
        McGinn, the majority of the Band's families took up residency 
        on nearby Indian Road on lands which other Band members had 
        purchased or received as treaty allotments or homesteads.
            (6) In 1911, the United States filed suit in the United 
        States Federal District Court for Eastern Michigan seeking to 
        regain possession of the Colonial Point Lands (United States v. 
        McGinn, Equity No. 94, filed June 11, 1911). In its complaint, 
        the United States advised the Court that it was suing on behalf 
        of the ``Cheboygan band of Indians [which] is now and was at 
        all the times mentioned in this bill of complaint a tribe of 
        indians [sic] under the care, control, and guardianship of the 
        plaintiff and said band is now and was at all times mentioned 
        in this bill of complaint recognized by the plaintiff through 
        its chiefs or head men which it annually elects.''.
            (7) In 1917, the Federal District Court decided the McGinn 
        case against the United States finding that the language in the 
        Colonial Point deeds did not prevent the Colonial Point land 
        from being taxed.
            (8) Over the next 20 years, Acting Chief Enos Cabinaw, 
        acting on behalf of the Cheboygan Band, asked the United States 
        to appeal or otherwise rectify the District Court's decision, 
        but no Federal action was taken. Throughout this period, the 
        United States continued to provide the Band and its members 
        with many of the same Federal services that were being provided 
        to other Indian tribes in Michigan.
            (9) The Act of June 18, 1934 (hereafter in this Act 
        referred to as the ``Indian Reorganization Act''), authorized 
        and directed the Bureau of Indian Affairs to provide technical 
        assistance and Federal funds to petitioning tribes to assist 
        them in reorganizing their governments and improving their 
        economies. Members of the Cheboigan Band, as well as members of 
        other landless treaty Tribes in Michigan, submitted petitions 
        to receive that assistance. Similar petitions were also 
        submitted by 4 Michigan bands that still held communal lands. 
        Possession of a tribal land base was a prerequisite to the 
        receipt of most of the Federal funds and services provided for 
        in the Indian Reorganization Act.
            (10) While the Indian Reorganization Act directed the 
        Secretary to assist landless bands, like Burt Lake, and 
        authorized Federal funds to acquire land, no Federal funds were 
        appropriated to acquire new tribal lands for any of the 
        landless bands in Michigan. After struggling with this dilemma, 
        the Bureau of Indian Affairs extended the benefits of the 
        Indian Reorganization Act to only those 4 Michigan tribes that 
        had an existing land base on the date of the enactment of the 
        Indian Reorganization Act. Of the Ottawa and Chippewa Tribes 
        who signed the 1836 and 1855 Treaties, only 1 group, the Bay 
        Mills Indian Community, was organized under the Indian 
        Reorganization Act.
            (11) The failure of the Bureau of Indian Affairs to grant 
        Indian Reorganization Act benefits to the Cheboigan Band did 
        not terminate the band's government-to-government relationship 
        with the United States, and Congress has never taken any action 
        to terminate Federal acknowledgment of the Burt Lake Band.
            (12) The Bureau of Indian Affairs does not have the legal 
        authority to terminate a tribe that has been acknowledged by an 
        Act of Congress.
            (13) Since 1972, the following Michigan tribes that were 
        not organized under the Indian Reorganization Act, have been 
        recognized or reaffirmed as federally recognized Indian tribes:
                    (A) The Sault Ste. Marie Tribe of Chippewa was 
                reaffirmed by a Memorandum of the Commissioner of 
                Indian Affairs on September 7, 1972.
                    (B) The Grand Traverse Band of Ottawa and Chippewa 
                Indians was acknowledged by the Assistant Secretary of 
                Indian Affairs on May 27, 1980.
                    (C) The Little Traverse Bay Bands of Odawa Indian 
                and the Little River Band of Ottawa Indians each had 
                its Federal status reaffirmed by an Act of Congress on 
                September 21, 1994.
                    (D) The Lac Vieux Desert Band of Lake Superior 
                Chippewa Indians had its Federal status as a separate 
                Indian tribe reaffirmed by an Act of Congress at the 
                request of the Administration on September 8, 1988.
                    (E) The Pokagon Indian Nation had its Federal 
                status reaffirmed by an Act of Congress on September 
                21, 1994.
                    (F) The Huron Potawatomi Nation had its Federal 
                status acknowledged by the Assistant Secretary of 
                Indian Affairs on March 17, 1996.
                    (G) The Gun Lake Tribe (Match-She-Be-Nash-She-Wish) 
                had its Federal status acknowledged by the Assistant 
                Secretary of Indian Affairs on August 23, 1999.
            (14) The Burt Lake Band has been consistently recognized by 
        third parties as a distinct Indian community since well before 
        1900.
            (15) The Burt Lake Band consists of members who are the 
        children, grandchildren, or great grandchildren of Indian 
        persons who resided on or near Colonial Point or Indian Road 
        prior to 1910. The majority of the Band's adult members grew up 
        on or near Indian Road or had an immediate family member who 
        did. As the result, the Band's members have maintained very 
        close social and political ties. The Band has its own, well-
        defined membership criteria, which requires the maintenance of 
        tribal relations.
            (16) The Burt Lake Band consists of families who have and 
        continue to provide mutual aid to each other, visit each other 
        regularly, mobilize to assist each other in times of need, 
        practice traditional arts and crafts, gather for Ghost Suppers, 
        decorate the graves of their ancestors, and participate in 
        other traditional tribal ceremonies and events.
            (17) Since 1829 the Burt Lake Band's members have attended 
        and consistently mobilized to maintain the Indian Mission 
        Church of St. Mary's, first on Colonial Point and later on 
        Indian Road. The Burt Lake Band's members have also worked 
        together to maintain the Tribe's 2 Indian cemeteries. They have 
        also dug the graves and buried their relatives in those 2 
        Indian cemeteries for almost 200 years.
            (18) The Burt Lake Band's members have throughout time made 
        formal and informal decisions for the community. The Burt Lake 
        Band has also organized its own modern tribal government 
        without the assistance of the Bureau of Indian Affairs.
            (19) The majority of the Band's elders have a high degree 
        of Indian blood and continue to speak the Ottawa language when 
        they gather with each other. Before World War II, more than 50 
        percent of the Burt Lake families were still speaking the 
        traditional language in their homes, and more than 50 percent 
        of those tribal members who were married were married to other 
        Ottawa and Chippewa individuals.
            (20) There is no evidence that the Band has willfully 
        abandoned tribal relations and there is no evidence that the 
        Congress has taken any legal action to terminate its 
        government-to-government relations with the Burt Lake Band.
            (21) Because the Bureau of Indian Affairs failed to review 
        the Band's petition for over 20 years, a percentage of the 
        Band's members enrolled in other Tribes in order to obtain the 
        Federal services, most notably health care and prescription 
        drug assistance, that they were legally entitled to, but denied 
        as members of Burt Lake. This step was often taken on the 
        advice of one or more employees of the Bureau of Indian 
        Affairs. This duel enrollment situation has now created a new 
        problem for the Band's reaffirmation, because the Bureau of 
        Indian Affairs' current regulations prohibit it from 
        recognizing a tribe when a part of the tribe's community is or 
        was enrolled in another federally recognized tribe.
            (22) In September 2006, the Assistant Secretary of Indian 
        Affairs denied the Burt Lake Band's petition for recognition 
        even though it found that the Burt Lake Band has been 
        identified as an Indian entity by scholars, local and State 
        officials, and other tribes, and even though it found that the 
        members of the Burt Lake Band maintain a strong Indian 
        community. In its letter denying the Burt Lake Band's petition, 
        the Bureau of Indian Affairs stated that ``Congress may 
        consider taking legislative action to recognize petitioners 
        that do not meet the specific requirements of the 
        acknowledgment regulations but may have merit.''.
            (23) The Burt Lake Band has exhausted its administrative 
        remedies, therefore this Act is both necessary and appropriate.

SEC. 3. DEFINITIONS.

    For purposes of this Act, the following definitions apply:
            (1) The term ``Burt Lake Band'' means the Burt Lake Band of 
        Ottawa and Chippewa Indians, a continuously existing historical 
        tribe of Indians descending from the Cheboygan band which was 
        included in treaties with the United States in 1836 and 1855 
        and descending from the Indian Village at Burt Lake in 1900.
            (2) The term ``Indian Reorganization Act'' means the Act of 
        June 18, 1934 (25 U.S.C. 461 et seq.).
            (3) The term ``OFA'' means the Office of Federal 
        Acknowledgment, a branch of the United States Department of the 
        Interior's Bureau of Indian of Indian Affairs.
            (4) The term ``Secretary'' means the Secretary of the 
        Interior.

SEC. 4. FEDERAL RECOGNITION.

    (a) Federal Recognition.--The Burt Lake Band of Ottawa and Chippewa 
Indians is hereby reaffirmed as a federally recognized Indian tribe. 
All laws and regulations of the United States of general application to 
Indians or nations, tribes, or bands of Indians, including the Indian 
Reorganization Act, which are inconsistent with any specific provision 
of this Act shall not be applicable to the Burt Lake Band and its 
members.
    (b) Federal Services and Benefits.--
            (1) In general.--Notwithstanding any other provision of 
        law, after the date of the enactment of this Act, the Burt Lake 
        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 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 area.--For purposes of the delivery of Federal 
        services to the enrolled members of the Burt Lake Band and to 
        other Indians, all of Cheboygan County Michigan, and any area 
        in the State of Michigan that is outside of Cheboygan County, 
        but located within 25 miles of the Burt Lake Band's Cemetery at 
        the St. Mary's Indian Mission Church, shall be deemed to be 
        within the Service Area of the Burt Lake Band. Nothing 
        contained herein shall prohibit the Federal Government from 
        providing services to members of the Burt Lake Band who reside 
        or are domiciled outside this Service Area, or from otherwise 
        expanding the Burt Lake Band's Service Area in compliance with 
        applicable Federal law and policy. Nothing in this subsection 
        is intended to diminish or alter the service area of another 
        Federally recognized Indian tribe. If any part of the Burt Lake 
        Band's service area overlaps with the service area of another 
        federally recognized Indian tribe, that overlap shall be 
        addressed in compliance with existing Federal policies and 
        regulations.

SEC. 5. REAFFIRMATION OF RIGHTS.

    (a) In General.--All rights and privileges of the Burt Lake 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 Burt Lake Band.--Nothing in this Act shall 
be construed to diminish any right or privilege of the Burt Lake 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 Burt Lake Band may have to 
enforce any right or privilege reserved by or granted to the Burt Lake 
Band which was wrongfully denied to or taken from the Burt Lake Band 
before the date of the enactment of this Act.

SEC. 6. TRIBAL LANDS.

    The Secretary shall acquire real property in Cheboygan County in 
trust for the benefit of the Burt Lake Band of Ottawa and Chippewa 
Indians, if at the time of such acceptance by the Secretary, there are 
no adverse legal claims on such property, including outstanding liens, 
mortgages or taxes owed, and the Secretary has confirmed that the 
National Environmental Policy Act of 1969 has been complied with 
regarding the trust acquisition of the property. After being taken into 
trust, such lands shall become part of the initial reservation of the 
Burt Lake Band at the request of the Burt Lake Band. The Secretary is 
also authorized to acquire and accept real property in other geographic 
areas into trust for the benefit of the Burt Lake Band and to declare 
those lands to be a part of the Burt Lake Band's Reservation consistent 
with applicable law.

SEC. 7. MEMBERSHIP.

    (a) In General.--The initial membership of the Burt Lake Band of 
Ottawa and Chippewa Indians shall consist of persons who can present 
evidence, acceptable to the Burt Lake Band, showing that they meet the 
requirements of subsection (b), and persons who meet such other 
requirements as are specified by the Burt Lake Band in its Burt Lake 
Band's Constitution and Enrollment Ordinance as the same may be from 
time-to-time amended.
    (b) Membership Criteria.--
            (1) To qualify for membership in the Burt Lake Band of 
        Ottawa and Chippewa Indians, a person must be able to 
        demonstrate through evidence acceptable to the Burt Lake Band 
        that the person meets at least 1 of the following requirements:
                    (A) The person descends from a tribal member who 
                was domiciled at Colonial Point, Burt Township, 
                Cheboygan County, Michigan, before or at the time that 
                the Burt Lake Band's village was burned in October 
                1900, as the tribal members are identified as Colonial 
                Point residents in the case files of the litigation 
                initiated by John W. McGinn to evict former residents 
                from that land, or in the list prepared in or about 
                1950 as the Albert Shananaquet list of pre-1900 village 
                residents, or both.
                    (B) The person descends from a tribal member who is 
                listed on the 1900 or 1910 Burt Lake Township Federal 
                Census, Indian Enumeration Schedule.
                    (C) The person has an Indian ancestor who was, 
                prior to 1910, living in tribal relations with the Burt 
                Lake Band of Ottawa and Chippewa Indians as the Burt 
                Lake Band is defined in this Act.
            (2) In addition to the requirements under paragraph (1), to 
        qualify for membership in the Burt Lake Band of Ottawa and 
        Chippewa Indians, a person must be able to demonstrate through 
        evidence acceptable to the Burt Lake Band that the person meets 
        all of the following criteria:
                    (A) That the person is in tribal relations with 
                other Burt Lake Band members.
                    (B) That the person's ancestors have lived in 
                tribal relations with other Burt Lake Band members on a 
                substantially continuous basis from 1910 to the 
                present.
                    (C) That the person has a completed tribal 
                membership enrollment file as prescribed by the Tribal 
                Enrollment Ordinance.
                    (D) That the person's membership application has 
                been processed and that the person has been approved 
                for membership in the Burt Lake Band in the manner 
                prescribed by the Tribal Enrollment Ordinance.
    (c) Base Roll.--The Burt Lake Band shall provide a copy of the base 
roll of the Burt Lake Band of Ottawa and Chippewa Indians to the 
Assistant Secretary for Indians Affairs not later than 12 months after 
the date of the enactment of this Act. The base roll shall consist of 
the 320 persons whose names were listed on the official roll of the 
Burt Lake Band which were members submitted by the Burt Lake Band to 
the OFA on May 2, 2005, and shall also include the biological sons and 
daughters who were born to those members between the submission of that 
list and the enactment of this Act. The Base Roll shall also include 
those descendants of Burt Lake members who--
            (1) meet the enrollment criteria established by this 
        section;
            (2) seek enrollment in the Burt Lake Band not later than 12 
        months after the date of the enactment of this Act; and
            (3) are accepted for enrollment in the Burt Lake Band in 
        the manner prescribed by the Burt Lake Band's Constitution.

SEC. 8. CONSTITUTION.

    The initial constitution of the Burt Lake Band shall be the 
constitution that the Burt Lake Band submitted to the OFA on May 2, 
2005.
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