[House Report 105-351]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-351
_______________________________________________________________________


 
           BURT LAKE BAND OF OTTAWA AND CHIPPEWA INDIANS ACT

                                _______
                                

October 28, 1997.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 948]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 948) to reaffirm and clarify the Federal relationship of 
the Burt Lake Band as a distinct federally recognized Indian 
Tribe, and for other purposes, having considered the same, 
report favorably thereon without amendment and recommend that 
the bill do pass.

                          PURPOSE OF THE BILL

    The purpose of H.R. 948 is to reaffirm and clarify the 
federal relationship of the Burt Lake Band as a distinct 
federally recognized Indian Tribe, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 948, the proposed Burt Lake Band of Ottawa and 
Chippewa Indians Act, would reaffirm and clarify the Federal 
relationship of the Burt Lake Band of Ottawa and Chippewa 
Indians.
    The Burt Lake Band consists of approximately 650 
individuals, descended from the Chaboiganing Band of Ottawa and 
Chippewa Indians, who have lived for centuries along the shores 
of Burt Lake in Michigan's northern lower peninsula. The Band, 
recognized by the federal government through various treaties 
and federal court cases, was terminated by the Bureau of Indian 
Affairs without the approval of Congress earlier this century.
     H.R. 948 would restore federal recognition to the Band by 
reaffirming the federal government's previous recognition.

                            COMMITTEE ACTION

    H.R. 948 was introduced on March 5, 1997, by Congressman 
Dale Kildee (D-MI). The bill was referred to the Committee on 
Resources. On June 24, 1997, the Committee held a hearing on 
H.R. 948. On July 16, 1977, the Resources Committee met to 
consider H.R. 948. No amendments were offered, and the bill was 
then ordered favorably reported to the House of Representatives 
by voice vote.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 948.

                        COST OF THE LEGISLATION

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 948. However, clause 7(d) of that Rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     COMPLIANCE WITH HOUSE RULE XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
948 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 948.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 948 
from the Director of the Congressional Budget Office.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 12, 1997.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 948, the Burt Lake 
Bank of Ottawa and Chippewa Indians Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lisa H. 
Daley.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

H.R. 948--The Burt Lake Band of Ottawa and Chippewa Indians Act

    CBO estimates that implementing H.R. 948 would cost the 
federal government approximately $12 million over the 1998-2002 
period, assuming that the tribe receives services and benefits 
at the national average per-capita rate and that the necessary 
funds are appropriated. Enactment of H.R. 948 would not affect 
direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply.
    H.R. 948 would restore federal recognition of the Burt Lake 
Bank of Ottawa and Chippewa Indians. Although the bill does not 
specifically authorize the appropriation of funds, it would 
make members of the tribe eligible for all services and 
benefits available to federally recognized Indian tribes. 
Currently, the tribe is not receiving benefits as a federally 
recognized tribe. Thus, relevant federal agencies would be 
required to include members of the tribe among those eligible 
for benefits and may seek additional funds in order to provide 
such benefits. CBO estimates that the average annual cost of 
services and benefits provided nationally is about $3,500 (in 
1997 dollars) per eligible tribal member. Based on an estimated 
tribal enrollment totaling about 650, we estimate that 
implementing H.R. 948 would result in annual costs of between 
$2 million and $3 million to the federal government.
    H.R. 948 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act of 1995 
and would impose no significant costs on state, local, or 
tribal governments.
    The CBO staff contact for this estimate is Lisa H. Daley. 
This estimate was approved by Robert A. Sunshine, Deputy 
Assistant Director for Budget Analysis.

                    compliance with public law 104-4

    H.R. 948 contains no unfunded mandates.

                        changes in existing law

    If enacted, H.R. 948 would make no changes in existing law.