109th CONGRESS
1st Session
S. 437
To expedite review of the Grand River Band of Ottawa Indians of Michigan
to secure a timely and just determination of whether that group is entitled
to recognition as a Federal Indian tribe.
IN THE SENATE OF THE UNITED STATES
February 17, 2005
Mr. LEVIN (for himself and Ms. STABENOW) introduced the following bill; which
was read twice and referred to the Committee on Indian Affairs
A BILL
To expedite review of the Grand River Band of Ottawa Indians of Michigan
to secure a timely and just determination of whether that group is entitled
to recognition as a Federal Indian tribe.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Grand River Band of Ottawa
Indians of Michigan Referral Act'.
(b) Table of Contents- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--REFERRAL TO THE SECRETARY
Sec. 103. Action by Congress.
TITLE II--MEMBERSHIP; JURISDICTION; LAND
Sec. 203. Federal services and benefits.
Sec. 204. Rights of the Tribe.
Sec. 206. Jurisdiction of trust land.
SEC. 2. DEFINITIONS.
(1) BAND; TRIBE- The terms `Band' and `Tribe' mean the Grand River Band
of the Ottawa Indians of Michigan.
(2) DATE OF RECOGNITION- The term `date of recognition' means the date on
which recognition of the Tribe by the Secretary was published in the Federal
Register under section 201.
(3) INDIAN TRIBE- The term `Indian tribe' has the meaning given the term
in section 4 of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b).
(4) SECRETARY- The term `Secretary' means the Secretary of the Interior.
TITLE I--REFERRAL TO THE SECRETARY
SEC. 101. PURPOSE.
The purpose of this title is to obtain an expedited review of the petition
of the Band in order to secure a timely and just determination of whether
the Band is entitled to recognition as a Federal Indian tribe under the rules
that govern the recognition of a new group as an Indian tribe.
SEC. 102. REPORT.
(a) In General- Not later than August 31, 2005, the Secretary shall review
the petition of the Band and submit to Congress a report describing the findings
of the Secretary regarding whether--
(1) the majority of members of the Band are descendants of, and political
successors to, signatories of--
(A) the treaty made and concluded at Chicago, in the State of Illinois,
between Lewis Cass and Solomon Sibley, Commissioners of the United States,
and the Ottawa, Chippewa, and Pottawatamie, Nations of Indians on August
29, 1821 (7 Stat. 218);
(B) the treaty made and concluded at the city of Washington in the District
of Columbia, between Henry R. Schoolcraft, commissioner on the part of
the United States, and the Ottawa and Chippewa nations of Indians, by
their chiefs and delegates on March 28, 1836 (7 Stat. 491); and
(C) the articles of agreement and convention made and concluded at the
city of Detroit, in the State of Michigan, July 31, 1855, between George
W. Manypenny and Henry C. Gilbert, commissioners on the part of the United
States, and the Ottawa and Chippewa Indians of Michigan, parties to the
treaty of March 28, 1836;
(2) the history of the Band parallels the history of Indian tribes the members
of which are descendants of the signatories to the treaties described in
subparagraphs (B) and (C) of paragraph (1), including--
(A) the Grand Traverse Band of Ottawa and Chippewa Indians;
(B) the Sault Ste. Marie Tribe of Chippewa Indians;
(C) the Bay Mills Band of Chippewa Indians;
(D) the Little Traverse Bay Band of Odawa Indians; and
(E) the Little River Band of Ottawa Indians;
(3) the majority of members of the Band continue to reside in the ancestral
homeland of the Band (which is now the Western lower quadrant of the State
of Michigan), as recognized in the treaties described in paragraph (1);
(4)(A) the Band filed for reorganization of the tribal government of the
Band in 1935 under the Act of June 18, 1934 (commonly referred to as the
`Indian Reorganization Act') (25 U.S.C. 461 et seq.);
(B) the Commissioner of Indian Affairs attested to the continued social
and political existence of the Band and concluded that the Band was eligible
for reorganization; and
(C) due to a lack of Federal appropriations to implement the provisions
of the Indian Reorganization Act, the Band was denied the opportunity to
reorganize;
(5)(A) the Band continued political and social existence as a viable tribal
government during the participation of the Band in the Northern Michigan
Ottawa Association in 1948, which subsequently pursued a successful land
claim with the Indian Claims Commission; and
(B) the Band carried out tribal governmental functions through the Northern
Michigan Ottawa Association while retaining control over local decisions;
(6) the Federal Government, the government of the State of Michigan, and
local governments have had continuous dealings with recognized political
leaders of the Band from 1836 to the present; and
(7) the Band was included in the Michigan Indian Land Claims Settlement
Act (Public Law 105-143; 111 Stat. 2652) and was required to submit a fully
documented petition not later than December 15, 2000, to qualify for land
claim funds set aside for the Band, which the Secretary segregated and holds
in trust for the Band pending recognition as the respective share of funds
of the Band under that Act.
(b) Consultation- In carrying out this section, the Secretary shall consult
with and request information from--
(1) elected leaders of the Band; and
(2) anthropologists, ethno-historians, and genealogists associated with
the Band;
(3) attorneys of the Band; and
(4) other experts, as the Secretary determines appropriate.
(1) POSITIVE REPORT- Not later than August 31, 2005, if the Secretary determines
by a preponderance of the evidence that the Band satisfies each condition
of subsection (a), the Secretary shall submit to Congress a positive report
indicating that determination.
(2) NEGATIVE REPORT- Not later than August 31, 2005, if the Secretary determines
by a preponderance of the evidence that the Band fails to satisfy a condition
of subsection (a), the Secretary shall submit to Congress a negative report
indicating that determination.
(d) Failure to Submit Report- If the Secretary fails to submit to Congress
a report in accordance with subsection (c)--
(1) not later than November 30, 2005, the Secretary shall recognize the
Band as an Indian tribe; and
(2) title II shall apply to the Band.
SEC. 103. ACTION BY CONGRESS.
(1) IN GENERAL- If Congress acts on the report of the Secretary under section
102(c) by the date that is 60 days after the date of receipt of the report,
the Secretary shall carry out the actions described in this subsection.
(2) POSITIVE REPORT- If the Secretary submitted a positive report under
section 102(c)(1)--
(A) not later than November 30, 2005, the Secretary shall recognize the
Band as an Indian tribe; and
(B) title II shall apply to the Band.
(3) NEGATIVE REPORT- If the Secretary submitted a negative report under
section 102(c)(2), the Secretary shall--
(A) return the petition of the Band to the list maintained by the Office
of Federal Acknowledgment; and
(B) grant the Band any opportunity available to the Band to prove the
status of the Band as an Indian tribe.
(b) Failure to Act by Deadline-
(1) IN GENERAL- If Congress fails to act on the report of the Secretary
under section 102(c) by the date that is 60 days after the date of receipt
of the report, the Secretary shall carry out the actions described in this
subsection.
(2) POSITIVE REPORT- If the Secretary submitted a positive report under
section 102(c)(1)--
(A) not later than November 30, 2005, the Secretary shall recognize the
Band as an Indian tribe; and
(B) title II shall apply to the Band.
(3) NEGATIVE REPORT- If the Secretary submitted a negative report under
section 102(c)(2), the Secretary shall--
(A) return the petition of the Band to the list maintained by the Office
of Federal Acknowledgment; and
(B) grant the Band any opportunity available to the Band to prove the
status of the Band as an Indian tribe.
TITLE II--MEMBERSHIP; JURISDICTION; LAND
SEC. 201. RECOGNITION.
Not later than November 30, 2005, if subsection (a)(2) or (b)(2) of section
103 applies, the Secretary shall--
(1) recognize the Tribe; and
(2) publish notice of the recognition by the Secretary in the Federal Register.
SEC. 202. MEMBERSHIP.
(a) List of Present Membership- Not later than 120 days after the date of
recognition, the Tribe shall submit to the Secretary a list of all individuals
that were members of the Tribe on the date of recognition.
(b) List of Individuals Eligible for Membership-
(1) IN GENERAL- Not later than the date that is 18 months after the date
of recognition, the Tribe shall submit to the Secretary a membership roll
listing all individuals enrolled for membership in the Tribe.
(2) QUALIFICATIONS- The qualifications for inclusion on the membership roll
of the Tribe shall be determined by the Tribe, in consultation with the
Secretary, based on the membership clause in the governing document of the
Tribe.
(3) PUBLICATION OF NOTICE- On receiving the membership roll under paragraph
(1), the Secretary shall publish notice of the membership roll in the Federal
Register.
(c) Maintenance of Rolls- The Tribe shall ensure that the membership roll
of the Tribe is maintained.
SEC. 203. FEDERAL SERVICES AND BENEFITS.
(a) In General- Not later than October 31, 2005, the Tribe and each member
of the Tribe shall be eligible for all services and benefits provided by the
Federal Government to Indians because of their status as Indians without regard
to--
(1) the existence of a reservation; or
(2) the location of the residence of a member on or near an Indian reservation.
(1) IN GENERAL- Subject to paragraph (2), for the purpose of delivering
a Federal service to an enrolled member of the Tribe, the jurisdiction of
the Tribe extends to--
(A) all land and water designated to the Ottawa in the treaties described
in subparagraphs (A) and (B) of section 102(a)(1); and
(B) all land and water described in any other treaty that provides for
a right of the Tribe.
(2) EFFECT OF FEDERAL LAW- Notwithstanding paragraph (1), the jurisdiction
of the Tribe shall be consistent with Federal law.
SEC. 204. RIGHTS OF THE TRIBE.
(a) Abrogated and Diminished Rights- Any right or privilege of the Tribe or
any member of the Tribe that was abrogated or diminished before the date of
recognition under section 201 is reaffirmed.
(b) Existing Rights of Tribe-
(1) IN GENERAL- This Act does not diminish any right or privilege of the
Tribe or any member of the Tribe that existed prior to the date of recognition.
(2) LEGAL AND EQUITABLE CLAIMS- Except as otherwise provided in this Act,
nothing in this Act alters or affects any legal or equitable claim of the
Tribe to enforce any right or privilege reserved by or granted to the Tribe
that was wrongfully denied to or taken from the Tribe prior to the date
of recognition.
(c) Future Applications- This Act does not address the merits of, or affect
the right of the Tribe to submit, any future application regarding--
(1) placing land into trust; or
(2) gaming (as defined in section 4 of the Indian Gaming Regulatory Act
(25 U.S.C. 2703)).
SEC. 205. TRIBAL FUNDS.
Notwithstanding section 110 of the Michigan Indian Land Claims Settlement
Act (111 Stat. 2663), effective beginning on the date of enactment of this
Act, any funds set aside by the Secretary for use by the Tribe shall be made
available to the Tribe.
SEC. 206. JURISDICTION OF TRUST LAND.
(a) In General- The Tribe shall have jurisdiction over all land taken into
trust by the Secretary for the benefit of the Tribe, to the maximum extent
allowed by law.
(b) Service Area- The Tribe shall have jurisdiction over all members of the
Tribe that reside in the service area of the Tribe in matters pursuant to
the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.), as if the members
resided on a reservation (as defined in that Act).
END
