[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5732 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5732

 To reaffirm and clarify the Federal relationships of the Grand River 
 Bands of Ottawa Indians of Michigan as a federally recognized Indian 
                     tribe, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 26, 2023

Ms. Scholten (for herself, Mr. Moolenaar, Mr. Kildee, Mr. Bergman, Mrs. 
  McClain, Mr. Walberg, Ms. Stevens, and Ms. Slotkin) introduced the 
    following bill; which was referred to the Committee on Natural 
                               Resources

_______________________________________________________________________

                                 A BILL


 
 To reaffirm and clarify the Federal relationships of the Grand River 
 Bands of Ottawa Indians of Michigan as a 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 ``Grand River Bands of Ottawa Indians 
Restoration Act of 2023''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Tribe consists of the 19 bands of Indians who 
        occupied territory in what is now west Michigan, including the 
        counties of Kent, Ottawa, Muskegon, Newaygo, and Oceana.
            (2) The Tribe consists of descendants of, and political 
        successors to, signatories of the 1821 Treaty of Chicago, 1836 
        Treaty of Washington, and the 1855 Treaty of Detroit.
            (3) In 1994, Public Law 103-324 (108 Stat. 2156) recognized 
        two Michigan Ottawa tribes whose histories are virtually 
        identical to that of the Grand River Bands, the Little River 
        Band of Ottawa Indians and the Little Traverse Bay Bands of 
        Odawa Indians.
            (4) The Commissioner of Indian Affairs, Morris Thompson, 
        and Congress, via Public Law 103-324, specifically recognized 
        that the Northern Michigan Ottawa Association and the Grand 
        River Bands Descendant's Committee, whose membership included 
        the Grand River Bands, were ``functioning as or at least are 
        accepted as tribal political entities by the Minneapolis Area 
        and Great Lakes Agency''.
            (5) The State of Michigan recognized the Tribe in 1996.
            (6) In 1997, the Michigan Indian Land Claims Settlement Act 
        (Public Law 105-143) reserved a percentage of the funds 
        appropriated for payment of land claims to ``newly recognized 
        or reaffirmed tribes described in section 110''. Section 110 of 
        that law states that eligible non-recognized tribes are those--
                    (A) that are signatory to either the 1836 Treaty or 
                the 1855 Treaty;
                    (B) whose members are predominately Chippewa and 
                Ottawa; and
                    (C) that file a documented petition by December 15, 
                2000.
            (7) The Tribe was the only unrecognized Michigan tribe that 
        met the requirements of section 110 of the Michigan Indian Land 
        Claims Settlement Act.
            (8) The Tribe was instrumental in the filing of the 
        original land claim and is comprised of descendants of members 
        who signed the Treaties of 1820, 1836, and 1855.
            (9) The Tribe filed a fully documented petition with the 
        Bureau of Indian Affairs on December 8, 2000, and thus met the 
        Act's filing deadline.
            (10) After the Tribe filed its petition in 2000, the Bureau 
        of Indian Affairs did not issue a technical assistance letter 
        until 2005. The Tribe responded fully in 2006, but still has 
        not been recognized.
            (11) The Bureau of Indian Affairs did not meet its legal 
        requirement under the Michigan Indian Land Claims Settlement 
        Act to recognize the Tribe, and the Tribe is still in the 
        recognition process almost 26 years later.
            (12) The Tribe met all of the criteria for distribution of 
        the judgment funds reserved for an unrecognized tribe under 
        section 110 of the Michigan Indian Land Claims Settlement Act. 
        However, the tribal funds reverted back to the Treasury, which 
        was a gross miscarriage of justice because the Tribe was a full 
        participant in the claims litigation before the Indian Claim 
        Commission that gave rise to the judgment award.
            (13) For every year that the Bureau of Indian Affairs does 
        not act on the Tribe's petition, the Tribe is unable to meet 
        any needs for its members for social services, education, 
        housing and elder care.
            (14) The Tribe filed for reorganization of its existing 
        Tribal governments in 1935 under the Act of June 18, 1934 (25 
        U.S.C. 461 et seq. (commonly referred to as the ``Indian 
        Reorganization Act'')). Federal agents who visited the Tribe, 
        including Commissioner of Indian Affairs John Collier, attested 
        to the continued social and political existence of the Tribe 
        and concluded that the Tribe was eligible for reorganization. 
        Due to a lack of Federal appropriations to implement the 
        provisions of the Indian Reorganization Act, the Tribe was 
        denied the opportunity to reorganize.
            (15) 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 Indian tribes 
        in Michigan's lower peninsula.
            (16) In spite of such denial, the Tribe continued their 
        political and social existence with a viable Tribal government. 
        The Tribe, along with other Michigan Odawa/Ottawa groups, 
        including the Little Traverse Bay Bands of Odawa Indians, the 
        Grand Traverse Band of Ottawa and Chippewa Indians, and the 
        Little River Band of Ottawa Indians, formed the Northern 
        Michigan Ottawa Association in 1948. The Association 
        subsequently pursued a successful land claim with the Indian 
        Claims Commission.
            (17) Between 1948 and 1975, the Tribe carried out many of 
        its governmental functions through the Northern Michigan Ottawa 
        Association, while retaining individual Tribal control over 
        local decisions.
            (18) The Federal Government, the governments of the State 
        of Michigan, and local governments have had continuous dealings 
        with the recognized political leaders of the Tribe from 1821 to 
        present.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Member.--The term ``member'' means an individual who is 
        enrolled in the Tribe pursuant to section 7.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Tribe.--The term ``Tribe'' means the Grand River Bands 
        of Ottawa Indians of Michigan.

SEC. 4. FEDERAL RECOGNITION.

    (a) In General.--Federal recognition of the Tribe is hereby 
affirmed.
    (b) Effect of Federal Laws.--Except as otherwise provided in this 
Act, all Federal laws (including regulations) of general application to 
Indians and Indian tribes, including the Act of June 18, 1934 (25 
U.S.C. 5101 et seq.; commonly known as the ``Indian Reorganization 
Act''), shall apply to the Tribe and members.

SEC. 5. FEDERAL SERVICES AND BENEFITS.

    (a) In General.--The Tribe and each member shall be eligible for 
all services and benefits provided by the United States to Indians and 
federally recognized Indian tribes, without regard to--
            (1) the existence of a reservation for the Tribe; or
            (2) the location of the residence of any member on or near 
        an Indian reservation.
    (b) Service Area.--For purposes of the delivery of services and 
benefits to members, the service area of the Tribe shall be Newaygo, 
Oceana, Kent, Muskegon and Ottawa Counties in Michigan.

SEC. 6. REAFFIRMATION OF RIGHTS.

    (a) In General.--Nothing in this Act diminishes any right or 
privilege of the Tribe or any member that existed before the date of 
the enactment of this Act.
    (b) Claims of Tribe.--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 
before the date of the enactment of this Act.

SEC. 7. MEMBERSHIP ROLL.

    (a) In General.--As a condition of receiving recognition, services, 
and benefits pursuant to this Act, not later than 18 months after the 
date of the enactment of this Act, the Tribe shall submit to the 
Secretary a membership roll consisting of the name of each individual 
enrolled as a member of the Tribe.
    (b) Determination of Membership.--The qualifications for inclusion 
on the membership roll of the Tribe shall be determined in accordance 
with the Tribe's governing documents.
    (c) Maintenance of Roll.--The Tribe shall maintain the membership 
roll under this section.

SEC. 8. ACQUISITION OF LAND.

    (a) Homeland.--The Secretary shall--
            (1) acquire, for the benefit of the Tribe, trust title to 
        land within Muskegon, Newaygo, or Oceana Counties; and
            (2) accept into trust any real property located in those 
        counties for the benefit of the Grand River Bands of Ottawa 
        Indians, if--
                    (A) conveyed or otherwise transferred to the 
                Secretary; and
                    (B) at the time of such acceptance, there are not 
                adverse legal claims on such property, including 
                outstanding liens, mortgages or taxes owed.
    (b) Additional Acquisitions; Trust Land.--The Secretary may--
            (1) acquire additional land for the benefit of the Tribe 
        pursuant to section 5 of the Act of June 18, (25 U.S.C. 5108; 
        commonly known as the ``Indian Reorganization Act''); and
            (2) take into trust for the benefit of the Tribe any land 
        held in fee by the Tribe, if such lands are located within the 
        boundaries of, Kent and Ottawa Counties in Michigan.
    (c) Deadline for Determination.--The Secretary shall--
            (1) make a final written determination not later than 18 
        months of the date which the Tribe submits a request for land 
        to be taken into trust under subsection (a)(1); and
            (2) immediately make the determination under paragraph (1) 
        available to the Tribe.
    (d) Reservation Status.--Any land taken into trust for the benefit 
of the Tribe pursuant to this paragraph shall, upon request of the 
Tribe, be considered part of the reservation of the Tribe.
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