[House Report 110-794]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-794

======================================================================



 
    BURT LAKE BAND OF OTTAWA AND CHIPPEWA INDIANS REAFFIRMATION ACT

                                _______
                                

 July 29, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1575]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 1575) 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 with an amendment 
and recommend that the bill as amended do pass.

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Burt Lake Band of Ottawa and Chippewa 
Indians Reaffirmation Act''.

SEC. 2. FINDINGS.

  Congress finds as follows:
          (1) The members of the Burt Lake Band of Ottawa and Chippewa 
        Indians, whose historic name is the Cheboigan (or Cheboygan) 
        Band, are descendants and a political successor to signatories 
        of the 1836 Treaty of Washington and the 1855 Treaty of 
        Detroit. The treaty signatories were twice recognized by the 
        United States, on a government-to-government relationship 
        basis, through the execution and ratification of those 
        treaties.
          (2) The 1836 Treaty of Washington provided that the Cheboigan 
        Band would receive a reservation of 1,000 acres on the 
        Cheboigan, within its aboriginal territory, for a period of 5 
        years after ratification of that treaty but the United States 
        failed to provide that reservation. The 1855 Treaty of Detroit 
        provided that Ottawa and Chippewa Indians could select 
        individual allotments of land within designated reserves, and 2 
        townships were set aside for selection by the ``Cheboygan 
        Band'' in Cheboygan County. Those members who selected 
        allotments within that area were not awarded those individual 
        land holdings until 3 years after a special Act of Congress was 
        passed in 1872.
          (3) Between 1845 and 1850 the Band's members used treaty 
        annuity payments to purchase land for the Band in Burt 
        Township, Cheboygan County, Michigan. That land, called 
        Colonial Point, was placed in trust with the Governor of 
        Michigan on the advice of Federal Indian agents.
          (4) During the next 50 years, questions arose regarding the 
        taxability of the property, and the acreage was ultimately sold 
        for back taxes in 1900.
          (5) After the Band was forcibly evicted from Colonial Point 
        and its village was burned to the ground by its new owner, John 
        McGinn, the majority of the Band's families took up residency 
        on nearby Indian Road on lands which other Band members had 
        purchased or received as treaty allotments or homesteads.
          (6) In 1911, the United States filed suit in the United 
        States Federal District Court for Eastern Michigan seeking to 
        regain possession of the Colonial Point Lands (United States v. 
        McGinn, Equity No. 94, filed June 11, 1911). In its complaint, 
        the United States advised the Court that it was suing on behalf 
        of the ``Cheboygan band of Indians [which] is now and was at 
        all the times mentioned in this bill of complaint a tribe of 
        indians [sic] under the care, control, and guardianship of the 
        plaintiff and said band is now and was at all times mentioned 
        in this bill of complaint recognized by the plaintiff through 
        its chiefs or head men which it annually elects.''.
          (7) In 1917, the Federal District Court decided the McGinn 
        case against the United States finding that the language in the 
        Colonial Point deeds did not prevent the Colonial Point land 
        from being taxed.
          (8) Over the next 20 years, Acting Chief Enos Cabinaw, acting 
        on behalf of the Cheboygan Band, asked the United States to 
        appeal or otherwise rectify the District Court's decision, but 
        no Federal action was taken. Throughout this period, the United 
        States continued to provide the Band and its members with many 
        of the same Federal services that were being provided to other 
        Indian tribes in Michigan.
          (9) The Act of June 18, 1934 (hereafter in this Act referred 
        to as the ``Indian Reorganization Act''), authorized and 
        directed the Bureau of Indian Affairs to provide technical 
        assistance and Federal funds to petitioning tribes to assist 
        them in reorganizing their governments and improving their 
        economies. Members of the Cheboigan Band, as well as members of 
        other landless treaty Tribes in Michigan, submitted petitions 
        to receive that assistance. Similar petitions were also 
        submitted by 4 Michigan bands that still held communal lands. 
        Possession of a tribal land base was a prerequisite to the 
        receipt of most of the Federal funds and services provided for 
        in the Indian Reorganization Act.
          (10) While the Indian Reorganization Act directed the 
        Secretary to assist landless bands, like Burt Lake, and 
        authorized Federal funds to acquire land, no Federal funds were 
        appropriated to acquire new tribal lands for any of the 
        landless bands in Michigan. After struggling with this dilemma, 
        the Bureau of Indian Affairs extended the benefits of the 
        Indian Reorganization Act to only those 4 Michigan tribes that 
        had an existing land base on the date of the enactment of the 
        Indian Reorganization Act. Of the Ottawa and Chippewa Tribes 
        who signed the 1836 and 1855 Treaties, only 1 group, the Bay 
        Mills Indian Community, was organized under the Indian 
        Reorganization Act.
          (11) The failure of the Bureau of Indian Affairs to grant 
        Indian Reorganization Act benefits to the Cheboigan Band did 
        not terminate the band's government-to-government relationship 
        with the United States, and Congress has never taken any action 
        to terminate Federal acknowledgment of the Burt Lake Band.
          (12) The Bureau of Indian Affairs does not have the legal 
        authority to terminate a tribe that has been acknowledged by an 
        Act of Congress.
          (13) Since 1972, the following Michigan tribes that were not 
        organized under the Indian Reorganization Act, have been 
        recognized or reaffirmed as federally recognized Indian tribes:
                  (A) The Sault Ste. Marie Tribe of Chippewa was 
                reaffirmed by a Memorandum of the Commissioner of 
                Indian Affairs on September 7, 1972.
                  (B) The Grand Traverse Band of Ottawa and Chippewa 
                Indians was acknowledged by the Assistant Secretary of 
                Indian Affairs on May 27, 1980.
                  (C) The Little Traverse Bay Bands of Odawa Indian and 
                the Little River Band of Ottawa Indians each had its 
                Federal status reaffirmed by an Act of Congress on 
                September 21, 1994.
                  (D) The Lac Vieux Desert Band of Lake Superior 
                Chippewa Indians had its Federal status as a separate 
                Indian tribe reaffirmed by an Act of Congress at the 
                request of the Administration on September 8, 1988.
                  (E) The Pokagon Indian Nation had its Federal status 
                reaffirmed by an Act of Congress on September 21, 1994.
                  (F) The Huron Potawatomi Nation had its Federal 
                status acknowledged by the Assistant Secretary of 
                Indian Affairs on March 17, 1996.
                  (G) The Gun Lake Tribe (Match-She-Be-Nash-She-Wish) 
                had its Federal status acknowledged by the Assistant 
                Secretary of Indian Affairs on August 23, 1999.
          (14) The Burt Lake Band has been consistently recognized by 
        third parties as a distinct Indian community since well before 
        1900.
          (15) The Burt Lake Band consists of members who are the 
        children, grandchildren, or great grandchildren of Indian 
        persons who resided on or near Colonial Point or Indian Road 
        prior to 1910. The majority of the Band's adult members grew up 
        on or near Indian Road or had an immediate family member who 
        did. As the result, the Band's members have maintained very 
        close social and political ties. The Band has its own, well-
        defined membership criteria, which requires the maintenance of 
        tribal relations.
          (16) The Burt Lake Band consists of families who have and 
        continue to provide mutual aid to each other, visit each other 
        regularly, mobilize to assist each other in times of need, 
        practice traditional arts and crafts, gather for Ghost Suppers, 
        decorate the graves of their ancestors, and participate in 
        other traditional tribal ceremonies and events.
          (17) Since 1829 the Burt Lake Band's members have attended 
        and consistently mobilized to maintain the Indian Mission 
        Church of St. Mary's, first on Colonial Point and later on 
        Indian Road. The Burt Lake Band's members have also worked 
        together to maintain the Tribe's 2 Indian cemeteries. They have 
        also dug the graves and buried their relatives in those 2 
        Indian cemeteries for almost 200 years.
          (18) The Burt Lake Band's members have throughout time made 
        formal and informal decisions for the community. The Burt Lake 
        Band has also organized its own modern tribal government 
        without the assistance of the Bureau of Indian Affairs.
          (19) The majority of the Band's elders have a high degree of 
        Indian blood and continue to speak the Ottawa language when 
        they gather with each other. Before World War II, more than 50 
        percent of the Burt Lake families were still speaking the 
        traditional language in their homes, and more than 50 percent 
        of those tribal members who were married were married to other 
        Ottawa and Chippewa individuals.
          (20) There is no evidence that the Band has willfully 
        abandoned tribal relations and there is no evidence that the 
        Congress has taken any legal action to terminate its 
        government-to-government relations with the Burt Lake Band.
          (21) Because the Bureau of Indian Affairs failed to review 
        the Band's petition for over 20 years, a percentage of the 
        Band's members enrolled in other Tribes in order to obtain the 
        Federal services, most notably health care and prescription 
        drug assistance, that they were legally entitled to, but denied 
        as members of Burt Lake. This step was often taken on the 
        advice of one or more employees of the Bureau of Indian 
        Affairs. This duel enrollment situation has now created a new 
        problem for the Band's reaffirmation, because the Bureau of 
        Indian Affairs' current regulations prohibit it from 
        recognizing a tribe when a part of the tribe's community is or 
        was enrolled in another federally recognized tribe.
          (22) In September 2006, the Assistant Secretary of Indian 
        Affairs denied the Burt Lake Band's petition for recognition 
        even though it found that the Burt Lake Band has been 
        identified as an Indian entity by scholars, local and State 
        officials, and other tribes, and even though it found that the 
        members of the Burt Lake Band maintain a strong Indian 
        community. In its letter denying the Burt Lake Band's petition, 
        the Bureau of Indian Affairs stated that ``Congress may 
        consider taking legislative action to recognize petitioners 
        that do not meet the specific requirements of the 
        acknowledgment regulations but may have merit.''.
          (23) The Burt Lake Band has exhausted its administrative 
        remedies, therefore this Act is both necessary and appropriate.

SEC. 3. DEFINITIONS.

  For purposes of this Act, the following definitions apply:
          (1) The term ``Burt Lake Band'' means the Burt Lake Band of 
        Ottawa and Chippewa Indians, a continuously existing historical 
        tribe of Indians descending from the Cheboygan band which was 
        included in treaties with the United States in 1836 and 1855 
        and descending from the Indian Village at Burt Lake in 1900.
          (2) The term ``Indian Reorganization Act'' means the Act of 
        June 18, 1934 (25 U.S.C. 461 et seq.).
          (3) The term ``OFA'' means the Office of Federal 
        Acknowledgment, a branch of the United States Department of the 
        Interior's Bureau of Indian of Indian Affairs.
          (4) The term ``Secretary'' means the Secretary of the 
        Interior.

SEC. 4. FEDERAL RECOGNITION.

  (a) Federal Recognition.--The Burt Lake Band of Ottawa and Chippewa 
Indians is hereby reaffirmed as a federally recognized Indian tribe. 
All laws and regulations of the United States of general application to 
Indians or nations, tribes, or bands of Indians, including the Indian 
Reorganization Act, which are inconsistent with any specific provision 
of this Act shall not be applicable to the Burt Lake Band and its 
members.
  (b) Federal Services and Benefits.--
          (1) In general.--Notwithstanding any other provision of law, 
        after the date of the enactment of this Act, the Burt Lake 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 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 area.--For purposes of the delivery of Federal 
        services to the enrolled members of the Burt Lake Band and to 
        other Indians, all of Cheboygan County Michigan, and any area 
        in the State of Michigan that is outside of Cheboygan County, 
        but located within 25 miles of the Burt Lake Band's Cemetery at 
        the St. Mary's Indian Mission Church, shall be deemed to be 
        within the Service Area of the Burt Lake Band. Nothing 
        contained herein shall prohibit the Federal Government from 
        providing services to members of the Burt Lake Band who reside 
        or are domiciled outside this Service Area, or from otherwise 
        expanding the Burt Lake Band's Service Area in compliance with 
        applicable Federal law and policy. Nothing in this subsection 
        is intended to diminish or alter the service area of another 
        Federally recognized Indian tribe. If any part of the Burt Lake 
        Band's service area overlaps with the service area of another 
        federally recognized Indian tribe, that overlap shall be 
        addressed in compliance with existing Federal policies and 
        regulations.

SEC. 5. REAFFIRMATION OF RIGHTS.

  (a) In General.--All rights and privileges of the Burt Lake Band and 
its members, which may have been abrogated or diminished before the 
date of the enactment of this Act are hereby reaffirmed.
  (b) Existing Rights of Burt Lake Band.--Nothing in this Act shall be 
construed to diminish any right or privilege of the Burt Lake Band or 
of its members that existed before the date of the 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 Burt Lake Band may have to 
enforce any right or privilege reserved by or granted to the Burt Lake 
Band which was wrongfully denied to or taken from the Burt Lake Band 
before the date of the enactment of this Act.

SEC. 6. TRIBAL LANDS.

  The Secretary shall acquire real property in Cheboygan County in 
trust for the benefit of the Burt Lake Band of Ottawa and Chippewa 
Indians, if at the time of such acceptance by the Secretary, there are 
no adverse legal claims on such property, including outstanding liens, 
mortgages or taxes owed, and the Secretary has confirmed that the 
National Environmental Policy Act of 1969 has been complied with 
regarding the trust acquisition of the property. After being taken into 
trust, such lands shall become part of the initial reservation of the 
Burt Lake Band at the request of the Burt Lake Band. The Secretary is 
also authorized to acquire and accept real property in other geographic 
areas into trust for the benefit of the Burt Lake Band and to declare 
those lands to be a part of the Burt Lake Band's Reservation consistent 
with applicable law.

SEC. 7. MEMBERSHIP.

  (a) In General.--The initial membership of the Burt Lake Band of 
Ottawa and Chippewa Indians shall consist of persons who can present 
evidence, acceptable to the Burt Lake Band, showing that they meet the 
requirements of subsection (b), and persons who meet such other 
requirements as are specified by the Burt Lake Band in its Burt Lake 
Band's Constitution and Enrollment Ordinance as the same may be from 
time-to-time amended.
  (b) Membership Criteria.--
          (1) To qualify for membership in the Burt Lake Band of Ottawa 
        and Chippewa Indians, a person must be able to demonstrate 
        through evidence acceptable to the Burt Lake Band that the 
        person meets at least 1 of the following requirements:
                  (A) The person descends from a tribal member who was 
                domiciled at Colonial Point, Burt Township, Cheboygan 
                County, Michigan, before or at the time that the Burt 
                Lake Band's village was burned in October 1900, as the 
                tribal members are identified as Colonial Point 
                residents in the case files of the litigation initiated 
                by John W. McGinn to evict former residents from that 
                land, or in the list prepared in or about 1950 as the 
                Albert Shananaquet list of pre-1900 village residents, 
                or both.
                  (B) The person descends from a tribal member who is 
                listed on the 1900 or 1910 Burt Lake Township Federal 
                Census, Indian Enumeration Schedule.
                  (C) The person has an Indian ancestor who was, prior 
                to 1910, living in tribal relations with the Burt Lake 
                Band of Ottawa and Chippewa Indians as the Burt Lake 
                Band is defined in this Act.
          (2) In addition to the requirements under paragraph (1), to 
        qualify for membership in the Burt Lake Band of Ottawa and 
        Chippewa Indians, a person must be able to demonstrate through 
        evidence acceptable to the Burt Lake Band that the person meets 
        all of the following criteria:
                  (A) That the person is in tribal relations with other 
                Burt Lake Band members.
                  (B) That the person's ancestors have lived in tribal 
                relations with other Burt Lake Band members on a 
                substantially continuous basis from 1910 to the 
                present.
                  (C) That the person has a completed tribal membership 
                enrollment file as prescribed by the Tribal Enrollment 
                Ordinance.
                  (D) That the person's membership application has been 
                processed and that the person has been approved for 
                membership in the Burt Lake Band in the manner 
                prescribed by the Tribal Enrollment Ordinance.
  (c) Base Roll.--The Burt Lake Band shall provide a copy of the base 
roll of the Burt Lake Band of Ottawa and Chippewa Indians to the 
Assistant Secretary for Indians Affairs not later than 12 months after 
the date of the enactment of this Act. The base roll shall consist of 
the 320 persons whose names were listed on the official roll of the 
Burt Lake Band which were members submitted by the Burt Lake Band to 
the OFA on May 2, 2005, and shall also include the biological sons and 
daughters who were born to those members between the submission of that 
list and the enactment of this Act. The Base Roll shall also include 
those descendants of Burt Lake members who--
          (1) meet the enrollment criteria established by this section;
          (2) seek enrollment in the Burt Lake Band not later than 12 
        months after the date of the enactment of this Act; and
          (3) are accepted for enrollment in the Burt Lake Band in the 
        manner prescribed by the Burt Lake Band's Constitution.

SEC. 8. CONSTITUTION.

  The initial constitution of the Burt Lake Band shall be the 
constitution that the Burt Lake Band submitted to the OFA on May 2, 
2005.

                          PURPOSE OF THE BILL

    The purpose of H.R. 1575 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

    The Burt Lake Band of Ottawa and Chippewa Indians (Burt 
Lake), whose historic name is the Cheboigan Band, descends from 
signatories of the 1836 Treaty of Washington and the 1855 
Treaty of Detroit. Between 1845 and 1850 Burt Lake's members 
purchased land for Burt Lake in Cheboygan County, Michigan. On 
the advice of federal Indian agents, that land, called Colonial 
Point, was placed in trust with the Governor of Michigan. 
Questions arose regarding the taxability of the property, and 
the acreage was ultimately sold in 1900 for unpaid back taxes. 
At this point, Burt Lake was forcibly evicted from Colonial 
Point and its village was burned to the ground. In an action 
titled United States v. McGinn, Equity, 1911, the United States 
sued on behalf of Burt Lake seeking to regain possession of 
Colonial Point. Ultimately, the Federal District Court decided 
against the United States. Despite repeated requests by Burt 
Lake to the United States to appeal the decision, no additional 
federal action was taken. Regardless, the United States 
continued to provide Burt Lake and its members with many of the 
federal services that were being provided to other Indian 
tribes located in Michigan.
    During the Indian Reorganization Era, the treaty tribes 
located in Michigan were divided into two groups: those still 
holding lands and those which had lost their lands through 
sales and forced cessions. Burt Lake fell into the latter 
category. Lacking funds to acquire land for those landless 
tribes, the Bureau of Indian Affairs (BIA) only extended 
benefits deriving from the Indian Reorganization Act to the 
Michigan tribes that still held lands. Although Burt Lake was 
unable to organize under the Indian Reorganization Act, the BIA 
provided Burt Lake members with education benefits, sent social 
workers to work with the Band, and provided limited health care 
to the members. Some members still receive health services 
today from the Indian Health Service.
    Subsequently, the list of federally recognized tribes did 
not include the names of the landless tribes. It is important 
to note that Congress has never passed legislation terminating 
Burt Lake and that the BIA lacks the constitutional authority 
to terminate a Tribe which has been recognized by Congress.
    Over the last 30 years, the legal status of all of the 
landless tribes located in Michigan, except Burt Lake and one 
other tribe, has been resolved either through Congressional 
action, Executive Order, or administrative decision.

Treaty of Washington and Treaty of Detroit

    Through the execution and ratification of the 1836 Treaty 
of Washington and the 1855 Treaty of Detroit, the Burt Lake 
Band was recognized on a government-to-government basis by the 
United States. The Treaty of Washington reserved for Burt Lake 
a reservation of 1,000 acres on the Cheboigan River, within its 
aboriginal territory, but the United States failed to honor 
that provision. The 1855 Treaty of Detroit set aside two 
townships for selection by the Cheboygan Band, as Burt Lake was 
known at that time, in Cheboygan County. But due to the federal 
government's failure to act, those members who selected 
allotments within the area were not awarded land until three 
years after a special Act of Congress was passed in 1872.

Indian Reorganization Act of 1934 (25 U.S.C. 476)

    In 1934, Burt Lake petitioned the Secretary of the Interior 
to reorganize under the Indian Reorganization Act (IRA). The 
BIA, however, only allowed those tribes in Michigan that held 
communal land to reorganize under the IRA. Because Burt Lake 
did not hold communal land and the BIA lacked resources to 
purchase land for landless tribes, Burt Lake was precluded from 
reorganizing under the IRA. Failure to reorganize under the 
Indian Reorganization Act does not terminate a Tribe's federal 
recognition.

Federal Acknowledgment Process (25 C.F.R. 83)

    In 1987, Burt Lake filed a petition for federal 
acknowledgment. For approximately 13 years, Burt Lake waited 
and heard repeated promises from the BIA that it would address 
Burt Lake's claims but no action was taken. Finally, in 1998, 
Burt Lake was placed on the ``active consideration list.'' In 
March 2004, the BIA issued a negative proposed finding against 
the acknowledgment of Burt Lake.
    In its proposed finding, the BIA claimed that one of the 
Burt Lake families did not have a continuous history with the 
Burt Lake, and cited that several members of Burt Lake chose to 
enroll in the federally recognized Little Traverse Bay Band of 
Odawa Indians (Little Traverse Band). In response, Burt Lake 
removed the family in question from its membership, and 
provided ample evidence that Burt Lake and the Little Traverse 
Band were not merged by Congress. In fact, in order to receive 
desperately needed federal health and education benefits, it 
was often at the recommendation of the BIA that Burt Lake 
members enrolled in the Little Traverse Band.
    In September 2006, the BIA issued its final determination 
on Burt Lake's petition denying federal acknowledgment, despite 
finding that Burt Lake had been recognized as a distinct Indian 
community by scholars, church officials, other tribes and local 
units of government from treaty times to the present and that 
Burt Lake had maintained a strong Indian community from treaty 
times to the present. The BIA denied the acknowledgment because 
several Burt Lake members had enrolled in the Little Traverse 
Band. Today, there are approximately 250 Burt Lake members and 
an additional 125 individuals who were enrolled in Burt Lake 
but disenrolled in order to subsequently enroll in the Little 
Traverse Band. Those eligible for enrollment in Burt Lake and 
the Little Traverse Band descend from one historical chief.

Previous legislation

    During the 103rd Congress, Rep. Bart Stupak (D-MI) 
introduced H.R. 4232. The bill was referred to the House 
Committee on Natural Resources, where it was referred to the 
Subcommittee on Native American Affairs but no action was 
taken. Rep. Stupak introduced H.R. 377 in the 104th Congress. 
Hearings were held by the Subcommittee on Native American and 
Insular Affairs and it was forwarded by the Subcommittee to the 
Full Resources Committee by voice vote. In the 105th Congress, 
Rep. Dale Kildee (D-MI) introduced H.R. 948, which was referred 
to the Committee on Resources. After hearings and a markup were 
held, the bill was ordered to be reported by voice vote (House 
Report 105-351). On a motion to suspend the rules and pass the 
bill, H.R. 948 failed to receive the required two-thirds vote 
by the yeas and nays: 240-167. Rep. Stupak introduced H.R. 4802 
in the 109th Congress but no action was taken.

                            COMMITTEE ACTION

    H.R. 1575 was introduced on March 19, 2007 by Rep. Bart 
Stupak (D-MI). The bill was referred to the Committee on 
Natural Resources. On June 13, 2007, the Natural Resources 
Committee held a hearing on the bill. On April 17, 2008, the 
Natural Resources Committee met to consider the bill. Rep. Dale 
Kildee (D-MI) offered an amendment in the nature of a 
substitute to make several technical changes and to clarify, at 
the request of the administration, the bill's findings so that 
they conform better to the administration's findings in Burt 
Lake's recognition petition. The substitute also adds a savings 
clause referencing the Burt Lake's service area which in this 
case overlaps with the service area of another federally 
recognized Indian tribe. Membership criteria was also clarified 
so that residents of Colonial Point and their descendants are 
eligible for membership in the tribe. Finally, the substitute 
made it clear that the National Environmental Policy Act must 
be complied with before lands are acquired. The substitute was 
adopted by voice vote. The bill, as amended, was then ordered 
favorably reported to the House of Representatives by voice 
vote.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 sets forth the short title of the bill as the 
``Burt Lake Band of Ottawa and Chippewa Indians Reaffirmation 
Act.''

Section 2. Findings

    Section 2 provides findings about the Band and its dealings 
and relations with the United States.

Section 3. Definitions

    Section 3 defines the terms ``Burt Lake Band,'' ``Indian 
Reorganization Act,'' ``OFA,'' and ``Secretary.''

Section 4. Federal recognition

    Section 4 reaffirms the status of the Burt Lake Band of 
Ottawa and Chippewa Indians as a federally recognized Indian 
tribe and precludes application to Burt Lake of any federal 
laws of general applicability to Indian tribes that are 
inconsistent with this bill. Once the bill is enacted, the Burt 
Lake Band and its members will be eligible for all services and 
benefits provided by the federal government to Indians because 
of their status as Indians. Burt Lake's service area is defined 
for purposes of the delivery of federal services; however, this 
section is not intended to alter or diminish another tribe's 
service area. If Burt Lake's service area overlaps with another 
tribe's service area, the overlap shall be addressed in 
compliance with existing federal policies and regulations.
    The Committee understands that another federally recognized 
Indian tribe claims that part of Burt Lake's defined service 
area is within that tribe's service area. Rather than oppose 
this bill, that tribe has agreed to resolve the overlap in 
compliance with existing federal policies and regulations. In 
order to ensure that the definition in this bill will not be 
given undue weight as a statutory determination, a savings 
clause was added to ensure that the bill remains neutral. 
Therefore, it is the Committee's intent that in resolving the 
overlap, Section 4 shall not be construed to the benefit or 
detriment of either tribe.

Section 5. Reaffirmation of rights

    Section 5 reaffirms all rights and privileges of the Burt 
Lake Band and its members which may have been abrogated or 
diminished. Nothing in this Act shall be construed to diminish 
any right or privilege of the Burt Lake Band or its members 
that existed before the date of enactment of this Act. Except 
as otherwise specifically provided in any other provision of 
this Act, this Act shall not be construed as altering or 
affecting any legal or equitable claim the Burt Lake Band may 
have to enforce any right or privilege reserved by or granted 
to Burt Lake which was wrongfully denied to or taken from the 
Band before the date of enactment of this Act.

Section 6. Tribal lands

    Section 6 directs the Secretary of the Interior to acquire 
land in Cheboygan County in trust status for the benefit of the 
Burt Lake Band provided that, if at the time the Secretary 
accepts the land, there are no adverse legal claims on such 
property and the Secretary has confirmed that the National 
Environmental Policy Act of 1969 has been complied with 
regarding the trust acquisition of the property. Once the lands 
are in trust, the lands will be considered the Burt Lake Band's 
initial reservation. The Secretary may also acquire and accept 
land in other geographic areas into trust for the benefit of 
Burt Lake and to declare those lands to be a part of Burt 
Lake's reservation.

Section 7. Membership

    Section 7 provides that the initial membership of the Burt 
Lake Band of Ottawa and Chippewa Indians consists of persons 
who can present evidence, acceptable to the Band, showing that 
they meet the requirements of the membership criteria set forth 
in this section. To qualify for membership in the Burt Lake 
Band, a person must demonstrate through evidence acceptable to 
the Band that the person meets at least one of the three 
criteria set forth in the bill. In addition to meeting at least 
one of the three criteria, a person must demonstrate (1) that 
the person has tribal relations with other Burt Lake members; 
(2) that the person's ancestors had tribal relations with other 
Burt Lake members on a substantially continuous basis from 1910 
to the present; (3) that the person has a completed tribal 
membership enrollment file; and (4) that the person's 
membership application has been processed and approved for 
membership in the Burt Lake Band.
    Not later than twelve months after the date of the 
enactment of this Act, the Band shall provide a copy of the 
base roll to the Assistant Secretary of Indian Affairs. The 
base roll shall consist of the 320 persons whose names were 
listed on the official roll of Burt Lake as submitted to the 
Office of Federal Acknowledgment on May 2, 2005, and the 
biological sons and daughters who were born to those members 
between the submission and the enactment of this Act.
    The Committee notes that in Santa Clara Pueblo v. Martinez, 
436 U.S. 49 (1978), the Supreme Court upheld a tribe's right to 
determine its own membership. This bill recognizes Burt Lake's 
sovereignty to determine its own membership by specifying that 
the Band has the authority to determine who does and does not 
meet the specified criteria.

Section 8. Constitution

    Section 8 provides that the initial constitution of the 
Burt Lake Band of Ottawa and Chippewa Indians shall be the 
constitution that the Band submitted to the Office of Federal 
Acknowledgment on May 2, 2005.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural 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 this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) 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 this bill. However, clause 3(d)(3)(B) 
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 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to reaffirm and clarify the federal 
relationship of the Burt Lake Band as a distinct federally 
recognized Indian Tribe.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII 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 this bill from the Director of the Congressional Budget 
Office:

H.R. 1575--Burt Lake Band of Ottawa and Chippewa Indians Reaffirmation 
        Act

    H.R. 1575 would provide federal recognition to the Burt 
Lake Band of Ottawa and Chippewa Indians in Michigan. Providing 
federal recognition would allow the tribe to receive funding 
from various federal programs. CBO estimates that implementing 
H.R. 1575 would cost about $1 million a year over the 2009-2013 
period. Such costs would be subject to appropriation of the 
necessary funds. Enacting the bill would not affect direct 
spending or revenues.
    H.R. 1575 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments. 
Enacting the bill would benefit the tribe, making its members 
eligible for additional federal benefits.
    The Bureau of Indian Affairs (BIA) provides funding to 
federally recognized Indian tribes for various purposes, 
including child welfare services, adult care, community 
development, and general assistance. A portion of that funding, 
classified in the BIA budget as Tribal Priority Allocations, is 
awarded solely on the basis of population. Based on information 
from BIA, CBO expects that the Burt Lake Band would receive 
$160,000 a year in such funding, based on an estimated service 
population of about 325 members. Those amounts are subject to 
the availability of appropriated funds. Burt Lake may also 
receive additional BIA services based on other needs and 
characteristics of the tribe. Based on information from BIA, 
CBO estimates that any additional costs for those services 
would not be significant over the 2009-2013 period.
    H.R. 1575 also would make members of the tribe eligible to 
receive health benefits from the Indian Health Service (IHS). 
About one-third of Burt Lake members currently receive IHS 
benefits because tribal members in Michigan are not required to 
be enrolled in a federally recognized tribe to receive those 
health services. CBO estimates that, under the bill, about 100 
additional members would receive health benefits provided by 
IHS. CBO expects that the cost to serve those individuals would 
be similar to those for current beneficiaries, (about $4,000 
per individual in 2008). Assuming appropriation of the 
necessary funds, CBO estimates that additional IHS benefits for 
the tribe would cost around $400,000 a year over the 2009-2013 
period.
    In addition to receiving benefits and services from BIA and 
IHS, certain Indian tribes are eligible to receive funding from 
other federal programs within the Departments of Education, 
Housing and Urban Development (HUD), Labor, and Agriculture. 
Based on information from the tribe, CBO expects that members 
would likely use HUD resources for home construction. We 
estimate that providing such resources would cost less than 
$500,000 a year over the 2009-2013 period.
    Finally, the bill would require the Department of the 
Interior (DOI) to take certain land into trust for the benefit 
of the tribe and to declare those lands part of the tribe's 
reservation. Based on information from the tribe, CBO expects 
that the tribe would request trust status for about 20 acres of 
tribal-owned land in northern Michigan. CBO estimates that the 
cost to DOI of taking the lands into trust would be 
insignificant over the 2009-2013 period.
    The staff contact for this estimate is Leigh Angres. The 
estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 1575 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
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