[Congressional Record Volume 140, Number 72 (Friday, June 10, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: June 10, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
POKAGON BAND OF POTAWATOMI INDIANS FEDERAL SERVICES RESTORATION ACT OF 
                                  1994

  Mr. FORD. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar 434, S. 1066, a bill 
to restore Federal services to the Pokagon Band of Potawatomi--I am 
sure I am not correct on that--Indians.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (S. 1066) to restore Federal services to the Pokagon 
     band of Potawatomi Indians.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no consideration, the Senate proceeded to consider the 
bill.


                           Amendment No. 1777

                  (Purpose: To make technical changes)

  Mr. FORD. Mr. President, on behalf of Senator Inouye, I send a 
technical amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Kentucky [Mr. Ford], for Mr. Inouye, 
     proposes an amendment numbered 1777.

  Mr. FORD. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       In section 2, strike ``(25 U.S.C. 461 et seq.)'' and insert 
     ``(25 U.S.C. 461 et seq.; commonly referred to as the `Indian 
     Reorganization Act')''.
       In section 8, after ``Indian Child Welfare Act'', insert 
     the following: ``of 1978''.

  The PRESIDING OFFICER. If there is no objection, the amendment is 
agreed to.
  So the amendment (No. 1777) was agreed to.
  The PRESIDING OFFICER. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed for a third reading, was read 
the third time, and passed, as follows:

                                S. 1066

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

     SECTION 1. FINDINGS.

       The Congress finds the following:
       (1) The Pokagon Band of Potawatomi Indians is the 
     descendant of, and political successor to, the signatories of 
     the Treaty of Greenville 1795 (7 Stat. 49); the Treaty of 
     Grouseland 1805 (7 Stat. 91); the Treaty of Spring Wells 1815 
     (7 Stat. 131); the Treaty of the Rapids of the Miami of Lake 
     Erie 1817 (7 Stat. 160); the Treaty of St. Mary's 1818 (7 
     Stat. 185); the Treaty of Chicago 1821 (7 Stat. 218); the 
     Treaty of the Mississinewa on the Wabash 1826 (7 Stat. 295); 
     the Treaty of St. Joseph 1827 (7 Stat. 305); the Treaty of 
     St. Joseph 1828 (7 Stat. 317); the Treaty of Tippecanoe River 
     1832 (7 Stat. 399); and the Treaty of Chicago 1833 (7 Stat. 
     431).
       (2) In the Treaty of Chicago 1833, the Pokagon Band of 
     Potawatomi Indians was the only band that negotiated a right 
     to remain in Michigan. The other Potawatomi bands 
     relinquished all lands in Michigan and were required to move 
     to Kansas or Iowa.
       (3) Two of the Potawatomi bands later returned to the Great 
     Lakes area, the Forest County Potawatomi of Wisconsin and the 
     Hannahville Indian Community of Michigan.
       (4) The Hannahville Indian Community of Michigan, the 
     Forest County Potawatomi Community of Wisconsin, the Prairie 
     Band of Potawatomi Indians of Kansas, and the Citizen Band 
     Potawatomi Indian Tribe of Oklahoma, whose members are also 
     descendants of the signatories to one or more of the 
     aforementioned treaties, have been recognized by the Federal 
     Government as Indian tribes eligible to receive services from 
     the Secretary of the Interior.
       (5) Beginning in 1935, the Pokagon Band of Potawatomi 
     Indians petitioned for reorganization and assistance pursuant 
     to the Act of June 18, 1934 (25 U.S.C. 461 et seq., commonly 
     referred to as the ``Indian Reorganization Act''). Because of 
     the financial condition of the Federal Government during the 
     Great Depression it relied upon the State of Michigan to 
     provide services to the Pokagon Band. Other Potawatomi bands, 
     including the Forest County Potawatomi and the Hannahville 
     Indian Community were provided services pursuant to the 
     Indian Reorganization Act.
       (6) Agents of the Federal Government in 1939 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.
       (7) Tribes elsewhere, including the Hannahville Indian 
     Community in Michigan's upper peninsula, received services 
     from the Federal Government and were extended the benefits of 
     the Indian Reorganization Act.
       (8) The Pokagon Band of Potawatomi Indians consists of at 
     least 1,500 members who continue to reside close to their 
     ancestral homeland in the St. Joseph River Valley in 
     southwestern Michigan and northern Indiana.
       (9) In spite of the denial of the right to organize under 
     the Indian Reorganization Act, the Pokagon Band has continued 
     to carry out its governmental functions through a Business 
     Committee and Tribal Council from treaty times until today.
       (10) 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 Band 
     from 1795 until the present.

     SEC. 2. FEDERAL RECOGNITION.

       Federal recognition of the Pokagon Band of Potawatomi 
     Indians is hereby affirmed. Except as otherwise provided in 
     this Act, all Federal laws of general application to Indians 
     and Indian tribes, including the Act of June 18, 1934 (25 
     U.S.C. 461 et seq.; commonly referred to as the ``Indian 
     Reorganization Act''), shall apply with respect to the Band 
     and its members.

     SEC. 3. SERVICES.

       Notwithstanding any other provision of law, the Band and 
     its members shall be eligible, on and after the date of the 
     enactment of this Act, for all Federal services and benefits 
     furnished to federally recognized Indian tribes without 
     regard to the existence of a reservation for the Band or the 
     location of the residence of any member on or near an Indian 
     reservation.

     SEC. 4. TRIBAL MEMBERSHIP.

       Not later than 18 months after the date of the enactment of 
     this Act, the Band shall submit to the Secretary membership 
     rolls consisting of all individuals eligible for membership 
     in such Band. The qualifications for inclusion on the 
     membership rolls of the Band shall be determined by the 
     membership clauses in the Band's 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. 5. 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 and in accordance with the provisions of 
     section 16 of the Act of June 18, 1934 (25 U.S.C. 476), an 
     election to adopt a constitution and bylaws for the Band.
       (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) Election.--Not later than 6 months after the Band 
     adopts a constitution and bylaws pursuant to subsection (a), 
     the Secretary shall conduct elections by secret ballot for 
     the purpose of electing officials for the Band as provided in 
     the Band's constitution. The election shall be conducted 
     according to the procedures described in subsection (a), 
     except to the extent that such procedures conflict with the 
     Band's constitution.
       (2) Interim government.--Until such time as the Band elects 
     new officials pursuant to paragraph (1), the Band's governing 
     body shall be the governing body in place on the date of the 
     enactment of this Act, or any new governing body selected 
     under the election procedures specified in the interim 
     governing documents of the Band.

     SEC. 6. TRIBAL LANDS.

       The Band's tribal land shall consist of all real property, 
     including the land upon which the Tribal Hall is situated, 
     now or hereafter held by, or in trust for, the Band. The 
     Secretary shall acquire real property for the Band. Any such 
     real property shall be taken by the Secretary in the name of 
     the United States in trust for the benefit of the Band and 
     shall become part of the Band's reservation.

     SEC. 7. SERVICE AREA.

       The Band's service area shall consist of the Michigan 
     counties of Allegan, Berrien, Van Buren, and Cass and the 
     Indiana counties of La Porte, St. Joseph, Elkhart, Starke, 
     Marshall, and Kosciusko.

     SEC. 8. JURISDICTION.

       The Band shall have jurisdiction to the full extent allowed 
     by law over all lands taken into trust for the benefit of the 
     Band by the Secretary. The Band shall exercise jurisdiction 
     over all its members who reside within the service area in 
     matters pursuant to the Indian Child Welfare Act of 1978 (25 
     U.S.C. 1901 et seq.), as if the members were residing upon a 
     reservation as defined in that Act.

     SEC. 9. DEFINITIONS.

       For purposes of this Act--
       (1) the term ``Band'' means the Pokagon Band of Potawatomi 
     Indians;
       (2) the term ``member'' means those individuals eligible 
     for enrollment in the Band pursuant to section 4; and
       (3) the term ``Secretary'' means the Secretary of the 
     Interior.

  Mr. FORD. Mr. President, I move to reconsider and table the motion to 
reconsider.
  The motion to lay on the table was agreed to.

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