[Congressional Record Volume 140, Number 67 (Wednesday, May 25, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 25, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS AND THE LITTLE RIVER BAND OF 
                           OTTAWA INDIANS ACT

  Mr. MITCHELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of calendar No. 425, S. 1357, a 
bill relating to the Little Traverse Bay Bands of Odawa Indians and the 
Little River Band of Ottawa Indians.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (S. 1357) to reaffirm and clarify the Federal 
     relationships of the Little Traverse Bay Bands of Odawa 
     Indians and the Little River Band of Ottawa Indians as 
     distinct federally recognized Indian tribes, and for other 
     purposes.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill.
  Mr. MITCHELL. Mr. President, on behalf of Senator Inouye, I send a 
technical amendment to the desk and ask unanimous consent that the 
amendment be agreed to and the motion to reconsider laid upon the 
table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the amendment (No. 1745) was agreed to as follows:

       In section 2(5), strike ``(25 U.S.C. et seq.;'' and insert 
     ``(25 U.S.C. 461 et seq.;''.

  Mr. MITCHELL. Mr. President, I ask unanimous consent that the bill, 
as amended, be read three times, passed and the motion to reconsider be 
laid upon the table; and further, that any statements on this measure 
appear in the appropriate place in the Record as though read.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the bill (S. 1357) was deemed read the third time and passed, as 
amended, as follows:

                                S. 1357

       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 ``Little Traverse Bay Bands of 
     Odawa Indians and the Little River Band of Ottawa Indians 
     Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The Little Traverse Bay Bands of Odawa Indians and the 
     Little River Band of Ottawa Indians are descendants of, and 
     political successors to, signatories of the 1836 Treaty of 
     Washington and the 1855 Treaty of Detroit.
       (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 1836 Treaty of 
     Washington and the 1855 Treaty of Detroit, have been 
     recognized by the Federal Government as distinct Indian 
     tribes.
       (3) The Little Traverse Bay Bands of Odawa Indians consists 
     of at least 1,000 eligible members who continue to reside 
     close to their ancestral homeland as recognized in the Little 
     Traverse Reservation in the 1836 Treaty of Washington and 
     1855 Treaty of Detroit, which area is now known as Emmet and 
     Charlevoix Counties, Michigan.
       (4) The Little River Band of Ottawa Indians consists of at 
     least 500 eligible members who continue to reside close to 
     their ancestral homeland as recognized in the Manistee 
     Reservation in the 1836 Treaty of Washington and reservation 
     in the 1855 Treaty of Detroit, which area is now known as 
     Manistee and Mason Counties, Michigan.
       (5) The Bands filed for reorganization of their 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 Bands, 
     including Commissioner of Indian Affairs, John Collier, 
     attested to the continued social and political existence of 
     the Bands and concluded that the Bands were eligible for 
     reorganization. Due to a lack of Federal appropriations to 
     implement the provisions of such Act, the Bands were denied 
     the opportunity to reorganize.
       (6) In spite of such denial, the Bands continued their 
     political and social existence with viable tribal 
     governments. The Bands, along with other Michigan Odawa/
     Ottawa groups, including the tribes described in paragraph 
     (2), formed the Northern Michigan Ottawa Association in 1948. 
     The Association subsequently pursued a successful land claim 
     with the Indian Claims Commission.
       (7) Between 1948 and 1975, the Bands carried out many of 
     their governmental functions through the Northern Michigan 
     Ottawa Association, while retaining individual Band control 
     over local decisions.
       (8) In 1975, the Northern Michigan Ottawa Association 
     petitioned under the Act of June 18, 1934 (25 U.S.C. 461 et 
     seq.; commonly referred to as the ``Indian Reorganization 
     Act''), to form a government on behalf of the Bands. Again in 
     spite of the Bands' eligibility, the Bureau of Indian Affairs 
     failed to act on their request.
       (9) 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 Bands 
     from 1836 to the present.

     SEC. 3. DEFINITIONS.

       For purposes of this Act--
       (1) the term ``Bands'' means the Little Traverse Bay Bands 
     of Odawa Indians and the Little River Band of Ottawa Indians;
       (2) the term ``member'' means those individuals enrolled in 
     the Bands pursuant to section 7; and
       (3) the term ``Secretary'' means the Secretary of the 
     Interior.

     SEC. 4. FEDERAL RECOGNITION.

       (a) Federal Recognition.--Federal recognition of the Little 
     Traverse Bay Bands of Odawa Indians and the Little River Band 
     of Ottawa Indians is hereby reaffirmed. 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 Bands and their members.
       (b) Federal Services and Benefits.--
       (1) In general.--The Bands and their members shall be 
     eligible for all services and benefits provided by the 
     Federal Government to Indians because of their status as 
     federally recognized Indians, and notwithstanding any other 
     provision of law, such services and benefits shall be 
     provided after the date of the enactment of this Act to the 
     Bands and their members 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 areas.--
       (A) Little traverse bay bands.--For purposes of the 
     delivery of Federal services to the enrolled members of the 
     Little Traverse Bay Bands of Odawa Indians, the area of the 
     State of Michigan within 70 miles of the boundaries of the 
     reservations for the Little Traverse Bay Bands as set out in 
     Article I, paragraphs ``third'' and ``fourth'' of the Treaty 
     of 1855, 11 Stat. 621, shall be deemed to be within or near a 
     reservation, notwithstanding the establishment of a 
     reservation for the tribe after the date of the enactment of 
     this Act. Services may be provided to members outside the 
     named service area unless prohibited by law or program 
     regulations.
       (B) Little river band.--For purposes of the delivery of 
     Federal services to enrolled members of the Little River Band 
     of Ottawa Indians, the Counties of Manistee, Mason, Wexford 
     and Lake, in the State of Michigan, shall be deemed to be 
     within or near a reservation, notwithstanding the 
     establishment of a reservation for the tribe after the date 
     of the enactment of this Act. Services may be provided to 
     members outside the named Counties unless prohibited by law 
     or program regulations.

     SEC. 5. REAFFIRMATION OF RIGHTS.

       (a) In General.--All rights and privileges of the Bands, 
     and their members thereof, which may have been abrogated or 
     diminished before the date of the 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 Bands, or 
     of their members, 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 Bands might have to enforce any right or privilege 
     reserved by or granted to the Bands which were wrongfully 
     denied to or taken from the Bands prior to the enactment of 
     this Act.

     SEC. 6. TRANSFER OF LAND FOR THE BENEFIT OF THE BANDS.

       (a) Little Traverse Bay Bands.--The Secretary shall acquire 
     real property in Emmet and Charlevoix Counties for the 
     benefit of the Little Traverse Bay Bands. The Secretary shall 
     also accept any real property located in those Counties for 
     the benefit of the Little Traverse Bay Bands if conveyed or 
     otherwise transferred to the Secretary, if at the time of 
     such acceptance, there are no adverse legal claims on such 
     property including outstanding liens, mortgages or taxes 
     owed.
       (b) Little River Band.--The Secretary shall acquire real 
     property in Manistee and Mason Counties for the benefit of 
     the Little River Band. The Secretary shall also accept any 
     real property located in those Counties for the benefit of 
     the Little River Band if conveyed or otherwise transferred to 
     the Secretary, if at the time of such acceptance, there are 
     no adverse legal claims on such property including 
     outstanding liens, mortgages or taxes owed.
       (c) Additional Lands.--The Secretary may accept any 
     additional acreage in each of the Bands' service area 
     specified by section 4(b) of this Act pursuant to his 
     authority under the Act of June 18, 1934 (25 U.S.C. 461 et 
     seq.; commonly referred to as the ``Indian Reorganization 
     Act'').
       (d) Reservation.--Subject to the conditions imposed by this 
     section, the land acquired by or transferred to the Secretary 
     under or pursuant to this section shall be taken in the name 
     of the United States in trust for the Bands and shall be a 
     part of the respective Bands' reservation.

     SEC. 7. MEMBERSHIP.

       Not later than 18 months after the date of the enactment of 
     this Act, the Bands shall submit to the Secretary membership 
     rolls consisting of all individuals currently enrolled for 
     membership in such Bands. The qualifications for inclusion on 
     the membership rolls of the Bands shall be determined by the 
     membership clauses in such Bands' respective governing 
     documents, in consultation with the Secretary. Upon 
     completion of the rolls, the Secretary shall immediately 
     publish notice of such in the Federal Register. The Bands 
     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, elections for the purposes of adopting new 
     constitutions for the Bands. The elections shall be held 
     according to the procedures applicable to elections under 
     section 16 of the Act of June 18, 1934 (25 U.S.C. 476; 
     commonly referred to as the ``Indian Reorganization Act'').
       (2) Interim governing documents.--Until such time as new 
     constitutions are adopted under paragraph (1), the governing 
     documents in effect on the date of the enactment of this Act 
     shall be the interim governing documents for the Bands.
       (b) Officials.--
       (1) Election.--Not later than 6 months after the Bands 
     adopt constitutions and bylaws pursuant to subsection (a), 
     the Bands shall conduct elections by secret ballot for the 
     purpose of electing officials for the Bands as provided in 
     the Bands' respective governing constitutions. The elections 
     shall be conducted according to the procedures described in 
     the Bands' constitutions and bylaws.
       (2) Interim governments.--Until such time as the Bands 
     elect new officials pursuant to paragraph (1), the Bands' 
     governing bodies shall be those governing bodies in place on 
     the date of the enactment of this Act, or any new governing 
     bodies selected under the election procedures specified in 
     the respective interim governing documents of the Bands.

     

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