[Congressional Record Volume 143, Number 64 (Thursday, May 15, 1997)]
[Senate]
[Pages S4591-S4592]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEVIN:
  S. 746. 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; to the Committee on Indian Affairs.


         The Burt Lake Band of Ottawa and Chippewa Indians Act

  Mr. LEVIN. Mr. President, I rise today to introduce a bill to 
reaffirm the Federal recognition of the Burt Lake Band of Ottawa and 
Chippewa Indians. This legislation will reestablish the government-to-
government relations of the United States and the Burt Lake Band. This 
is the same legislation which I introduced last Congress and which was 
originally introduced in the 103d Congress by my friend and colleague, 
Senator Donald Riegle.
  Federal recognition for Burt Lake is vitally important for a variety 
of reasons. With this process completed the Band can move on to the 
tasks of improving the economic and social welfare of its people. More 
important however, passage of this legislation will clarify that the 
Burt Lake Band is a historically independent tribe.
  The Band is named after Burt Lake, a small inland lake about 20 miles 
south of the straits of Mackinac. The Band already had deep roots in 
the area when a surveyor named Burt inspected the area in 1840. During 
the 1800's, the Burt Lake Band was a signatory to several Federal 
treaties, including the 1836 Treaty of Washington and the 1855 Treaty 
of Detroit. These treaties were enacted for the purpose of securing 
territory for settlement and development.
  During the mid-1800's, the Federal Government turned over to the 
State of Michigan annuity moneys on the Band's behalf in order to 
purchase land. This land was later lost by the Band through tax sales, 
although trust land is nontaxable. The Band was subsequently evicted 
from their village. In 1911, the Federal Government brought a claim on 
behalf of Burt Lake against the State of Michigan. The autonomous 
existence of the Band at this stage is clear.
  Although the Band has never had its Federal status legally 
terminated, the Bureau of Indian Affairs since the 1930's has not 
accorded the Band that status nor treated the Band as a federally 
recognized tribe. The Burt Lake Band, as well as the other tribes 
located in Michigan's lower peninsula were improperly denied the right 
to reorganize under the terms of the Indian Reorganization Act of 1934 
even though they were deemed eligible to do so by the Indian Service at 
that time.
  My Michigan colleague, Congressman Dale Kildee, has sponsored a 
similar piece of legislation. I look forward to the consideration of 
this legislation by the respective committees in both the Senate and 
the House and its enactment into law. I also ask unanimous consent that 
a copy of this bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 746

       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 Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the Burt Lake Band of Ottawa and Chippewa Indians are 
     descendants and political successors to the signatories of 
     the treaty between the United States and the Ottawa and 
     Chippewa nations of Indians at Washington, D.C. on March 28, 
     1836 (7 Stat. 491 et seq.), and the treaty between the United 
     States and the Ottawa and Chippewa Indians of Michigan at 
     Detroit on July 31, 1855 (11 Stat. 621 et seq.);
       (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 treaties referred to in 
     paragraph (1), have been recognized by the Federal Government 
     as distinct Indian tribes;
       (3) the Burt Lake Band of Ottawa and Chippewa Indians 
     consists of over 650 eligible members who continue to reside 
     close to their ancestral homeland as recognized in the 
     reservations of lands under the treaties referred to in 
     paragraph (1) in the area that is currently known as 
     Cheboygan County, Michigan;
       (4) the Band continues to exist and carry out political and 
     social activities with a viable tribal government;
       (5) the Band, along with other Michigan Odawa and Ottawa 
     groups, including the tribes described in paragraph (2), 
     formed the Northern Michigan Ottawa Association in 1948;
       (6) the Northern Michigan Ottawa Association subsequently 
     submitted a successful land claim with the Indian Claims 
     Commission;
       (7) during the period between 1948 and 1975, the Band 
     carried out many governmental functions through the Northern 
     Michigan Ottawa Association, and at the same time retained 
     control over local decisions;
       (8) in 1935, the Band submitted a petition under the Act of 
     June 18, 1934 (commonly referred to as the ``Indian 
     Reorganization Act'') (48 Stat. 984 et seq., chapter 576; 25 
     U.S.C. 461 et seq.), to form a government on behalf of the 
     Band;
       (9) in spite of the eligibility of the Band to form a 
     government under the Act referred to in paragraph (8), the 
     Bureau of Indian Affairs failed to act on the petition 
     referred to in that paragraph; and
       (10) from 1836 to the date of enactment of this Act, the 
     Federal Government, the government of the State of Michigan, 
     and political subdivisions of the State have had continuous 
     dealings with the recognized political leaders of the Band.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Band.--The term ``Band'' means the Burt Lake Band of 
     Ottawa and Chippewa Indians.
       (2) Member.--The term ``member'' means any individual 
     enrolled in the Band pursuant to section 7.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 4. FEDERAL RECOGNITION.

       (a) Federal Recognition.--Congress reaffirms the Federal 
     recognition of the Burt Lake Band of Ottawa and Chippewa 
     Indians.
       (b) Applicability of Federal Laws.--Each provision of 
     Federal law (including any regulation) of general application 
     to Indians or Indian nations, tribes, or bands, including the 
     Act of June 18, 1934 (commonly referred to as the ``Indian 
     Reorganization Act'') (48 Stat. 984 et seq., chapter 576; 25 
     U.S.C. 461 et seq.), that is inconsistent with any specific 
     provision of this Act shall not apply to the Band or any of 
     its members.
       (c) Federal Services and Benefits.--
       (1) In general.--
       (A) In general.--The 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.
       (B) Services and benefits.--Notwithstanding any other 
     provision of law, the services and benefits referred to in 
     subparagraph (A) shall be provided after the date of 
     enactment of this Act to the Band and its members without 
     regard to--
       (i) whether an Indian reservation exists for the Band; or
       (ii) the location of the residence of any member on or near 
     an Indian reservation.
       (2) Service areas.--
       (A) In general.--For purposes of the delivery of Federal 
     services to the enrolled members of the Band, the area of the 
     State of Michigan within a 70-mile radius of the boundaries 
     of the reservation for the Burt Lake Band, as set forth in 
     the seventh paragraph of Article I of the treaty between the 
     United States and the Ottawa and Chippewa Indians of 
     Michigan, done at Detroit on July 31, 1855 (11 Stat. 621 et 
     seq.), shall be deemed to be within or near an Indian 
     reservation.

[[Page S4592]]

       (B) Effect of establishment of an indian reservation after 
     the date of enactment of this act.--If an Indian reservation 
     is established for the Band after the date of enactment of 
     this Act, subparagraph (A) shall continue to apply on and 
     after the date of the establishment of that reservation.
       (C) Provision of services and benefits outside the service 
     area.--Unless prohibited by Federal law, the services and 
     benefits referred to in paragraph (1) may be provided to 
     members outside the service area described in subparagraph 
     (A).

     SEC. 5. REAFFIRMATION OF RIGHTS.

       (a) In General.--To the extent consistent with the 
     reaffirmation of the recognition of the Band under section 
     4(a), all rights and privileges of the Band and its members, 
     which may have been abrogated or diminished before the date 
     of enactment of this Act, are reaffirmed.
       (b) Existing Rights of Tribe.--Nothing in this Act may be 
     construed to diminish any right or privilege of the Band or 
     its members that existed before the date of enactment of this 
     Act. Except as otherwise specifically provided, nothing in 
     this Act may be construed as altering or affecting any legal 
     or equitable claim the Band may have to enforce any right or 
     privilege reserved by or granted to the Band that was 
     wrongfully denied to the Band or taken from the Band before 
     the date of enactment of this Act.

     SEC. 6. TRIBAL LANDS.

       The tribal lands of the Band shall consist of all real 
     property held by, or in trust for, the Band. The Secretary 
     shall acquire real property for the Band. Any property 
     acquired by the Secretary pursuant to this section shall be 
     held in trust by the United States for the benefit of the 
     Band and shall become part of the reservation of the Band.

     SEC. 7. MEMBERSHIP.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, the Band shall submit to the Secretary 
     a membership roll consisting of all individuals currently 
     enrolled for membership in the Band at the time of the 
     submission of the membership roll.
       (b) Qualifications.--The Band shall, in consultation with 
     the Secretary, determine, pursuant to applicable laws 
     (including ordinances) of the Band, the qualifications for 
     including an individual on the membership roll.
       (c) Publication of Notice.--The Secretary shall publish 
     notice of receipt of the membership roll in the Federal 
     Register as soon as practicable after receiving the 
     membership roll pursuant to subsection (a).
       (d) Maintenance of Roll.--The Band shall maintain the 
     membership roll of the Band prepared pursuant to this section 
     in such manner as to ensure that the membership roll is 
     current.

     SEC. 8. CONSTITUTION AND GOVERNING BODY.

       (a) Constitution.--
       (1) Adoption.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall conduct, by secret 
     ballot, elections for the purpose of adopting a new 
     constitution for the Band. The elections shall be held 
     according to the procedures applicable to elections under 
     section 16 of the Act of June 18, 1934 (commonly referred to 
     as the ``Indian Reorganization Act'') (48 Stat. 987, chapter 
     576; 25 U.S.C. 476).
       (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) Elections.--Not later than 180 days after the Band 
     adopts a constitution and bylaws pursuant to subsection (a), 
     the Band shall conduct elections by secret ballot for the 
     purpose of electing officials for the Band as provided in the 
     governing constitution of the Band. The elections shall be 
     conducted according to the procedures described in the 
     governing constitution and bylaws of the Band.
       (2) Interim governments.--Until such time as the Band 
     elects new officials under paragraph (1), the governing 
     bodies of the Band shall include each governing body of the 
     Band in effect on the date of the enactment of this Act, or 
     any succeeding governing body selected under the election 
     procedures specified in the applicable interim governing 
     documents of the Band.
                                 ______