S. 1058Senate110th Congress (2007-2009)In Committee

Grand River Bands of Ottawa Indians of Michigan Referral Act

Sponsored by Carl LevinSen. Carl Levin (D-MI)
Introduced March 29, 2007

Legislative Activity

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3 earlier actions
SenateCommittee Latest Action

Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 110-686.

September 25, 2008

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SenateIntro Referral

Introduced in Senate

March 29, 2007

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S4191)

March 29, 2007

SenateIntro Referral

Read twice and referred to the Committee on Indian Affairs.

March 29, 2007

SenateCommittee

Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 110-686.

September 25, 2008

Floor Debate

23 members

What members said about S. 1058 on the floor

6 Republicans17 Democrats
Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Mar 29, 2007

Mr. President, I rise today to introduce legislation to ensure that the land on the West Los Angeles Veterans Affairs, West LA VA, campus is protected for the use of America's Veterans. The bill…

Joseph R. Biden Jr.
Sen. Joseph R. Biden Jr.D-DE · Mar 29, 2007

Mr. President, I would like to take the opportunity today to introduce an important piece of legislation to improve the ability of the Department of Defense and the Department of Veterans Affairs to…

Hillary Rodham Clinton
Sen. Hillary Rodham ClintonD-NY · Mar 29, 2007

Mr. President, today, I am introducing the Heroes at Home Act of 2007, the Restoring Disability Benefits for Injured and Wounded Warriors Act of 2007, and the Protecting Military Family Financial…

Herb Kohl
Sen. Herb KohlD-WI · Mar 29, 2007

Mr. President, I rise today to introduce the Prevent All Cigarette Trafficking (PACT) Act with Senators Specter, Leahy, Kyl, and Schumer. As the problem of cigarette trafficking continues to worsen,…

Sam Brownback
Sen. Sam BrownbackR-KS · Mar 29, 2007

Mr. President, I rise to speak on bipartisan legislation that Senator Landrieu and myself are introducing, the Human Cloning Prohibition Act. We do this today with 26 other cosponsors. It is…

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Robert C. Byrd
Sen. Robert C. ByrdD-WV · Mar 29, 2007

Mr. President, West Virginians have always been a deeply spiritual people. Historically, we have stood fast in our devotion to the Creator, even when--or especially when--faced with adversity,…

Russell D. Feingold
Sen. Russell D. FeingoldD-WI · Mar 29, 2007

Mr. President, I am introducing the Crane Conservation Act of 2007. I am very pleased that the Senators from Idaho, Mr. Crapo, Florida, Mr. Martinez, Wisconsin, Mr. Kohl, Maryland, Mr. Cardin, and…

Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · Mar 29, 2007

Mr. President, I rise today to introdnce the Early Hearing Detection and Intervention Act of 2007. This bill is a companion bill to H.R. 1198, introduced in the House by Representative Lois Capps. I…

Ken Salazar
Sen. Ken SalazarD-CO · Mar 29, 2007

Mr. President, I rise today to make the health of American children and families a top priority with the Healthy Children and Families Act of 2007, which I introduced earlier today with Senator…

Barack Obama
Sen. Barack ObamaD-IL · Mar 29, 2007

Mr. President, next week is National Public Health week--a week to raise awareness about the importance of public health all around this Nation. I applaud the efforts of the American Public Health…

Christopher J. Dodd
Sen. Christopher J. DoddD-CT · Mar 29, 2007

Mr. President, I rise today to introduce the National Liberty Memorial Act along with my colleagues, Senators Charles E. Grassley and Sen. Barack Obama. Representatives Donald M. Payne, William Lacy…

George V. Voinovich
Sen. George V. VoinovichR-OH · Mar 29, 2007

Mr. President, I rise today to introduce three important pieces of legislation that I believe will improve the ability of the Federal Government to recruit and retain a world class workforce: the…

Tom Harkin
Sen. Tom HarkinD-IA · Mar 29, 2007

Mr. President, today I introduce the Promoting Wellness for Individuals with Disabilities Act. This important legislation will help ensure that people with disabilities have the same health and…

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Daniel K. Akaka
Sen. Daniel K. AkakaD-HI · Mar 29, 2007

Mr. President, I am delighted to reintroduce the Free Internet Filing Act as the tax filing deadline approaches. The bill requires the Internal Revenue Service (IRS) to provide universal access to…

Edward M. Kennedy
Sen. Edward M. KennedyD-MA · Mar 29, 2007

Mr. President, for far too long, we've acquiesced in a lop-sided economy that benefits wealthy individuals and corporations, but not America's working families. Tens of millions of our men and women…

John Cornyn
Sen. John CornynR-TX · Mar 29, 2007

Mr. President, I rise to introduce the Workforce Health Improvement Program Act of 2007, otherwise known as the WHIP Act. This bipartisan bill I introduce today is the same legislation I introduced…

Orrin G. Hatch
Sen. Orrin G. HatchR-UT · Mar 29, 2007

Mr. President, with my colleagues, Senator Blanche Lincoln, Senator Gordon Smith and Senator Herb Kohl, I rise to introduce the Elder Justice Act of 2007. Senators Lincoln, Smith, Kohl and I…

Ted Stevens
Sen. Ted StevensR-AK · Mar 29, 2007

Mr. President, the bill that I introduce today seeks to codify the initiatives announced by President Bush in January of this year in his Executive order to strengthen Federal environmental, energy,…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Mar 29, 2007

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record. Mr. President, I am proud to be joined today by my colleagues, Senator Grassley from Iowa, and…

Carl Levin
Sen. Carl LevinD-MI · Mar 29, 2007

Mr. President, the Grand River Bands of Ottawa Indians, commonly referred to as the Grand River Bands, has been in some form indigenous to the State of Michigan for over 200 years. The Grand River…

Carl Levin
Sen. Carl LevinD-MI · Mar 29, 2007

Mr. President, the Grand River Bands of Ottawa Indians, commonly referred to as the Grand River Bands, has been in some form indigenous to the State of Michigan for over 200 years. The Grand River…

Joseph I. Lieberman
Sen. Joseph I. LiebermanD-CT · Mar 29, 2007

Mr. President, today, along with my friend Senator Sam Brownback, I am introducing the Great Cats and Rare Canids Act, which will protect and foster populations of imperiled great cats and rare…

Daniel K. Inouye
Sen. Daniel K. InouyeD-HI · Mar 29, 2007

Mr. President, I rise today to announce the introduction, by request, of the Next Generation Air Transportation System Financing Reform Act of 2007, the Bush administration's proposal for the Federal…

Byron L. Dorgan
Sen. Byron L. DorganD-ND · Sep 22, 2008

Mr. President, I would like to announce that the Committee on Indian Affairs will meet on Tuesday, September 23, at 10 a.m. in room 628 of the Dirksen Senate Office Building to conduct a business…

Bill Text

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Introduced in SenateIssued March 29, 2007

II

110th CONGRESS

1st Session

S. 1058

IN THE SENATE OF THE UNITED STATES

March 29, 2007

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 Bands of Ottawa Indians of Michigan to secure a timely and just determination of whether the Bands are entitled to recognition as a Federal Indian tribe so that the Bands may receive eligible funds before the funds are no longer available.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Grand River Bands 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.

Sec. 2. Definitions.

TITLE I—Referral to the Secretary

Sec. 101. Purpose.

Sec. 102. Report.

Sec. 103. Action by Congress.

TITLE II—Membership; jurisdiction; land

Sec. 201. Recognition.

Sec. 202. Membership.

Sec. 203. Federal services and benefits.

Sec. 204. Rights of the Tribe.

Sec. 205. Tribal funds.

Sec. 206. Jurisdiction of trust land.

2.

Definitions

In this Act:

(1)

Bands; Tribe

The terms Bands and Tribe mean the Grand River Bands 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.

I

Referral to the Secretary

101.

Purpose

The purpose of this title is to obtain an expedited review of the petition of the Bands in order to secure a timely and just determination of whether the Bands are entitled to recognition as a Federal Indian tribe under the rules that govern the recognition of a new group as an Indian tribe.

102.

Report

(a)

In general

Not later than August 31, 2007, the Secretary shall review the petition of the Bands and submit to Congress a report describing the findings of the Secretary regarding whether—

(1)

the majority of members of the Bands 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 Bands 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 Bands continue to reside in the ancestral homeland of the Bands (which is now the Western lower quadrant of the State of Michigan), as recognized in the treaties described in paragraph (1);

(4)
(A)

the Bands filed for reorganization of the tribal government of the Bands 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 Bands and concluded that the Bands were eligible for reorganization; and

(C)

due to a lack of Federal appropriations to implement the provisions of the Indian Reorganization Act, the Bands were denied the opportunity to reorganize;

(5)
(A)

the Bands continued political and social existence as a viable tribal government during the participation of the Bands in the Northern Michigan Ottawa Association in 1948, which subsequently pursued a successful land claim with the Indian Claims Commission; and

(B)

the Bands 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 Bands from 1836 to the present; and

(7)

the Bands were 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 Bands, which the Secretary segregated and holds in trust for the Bands pending recognition as the respective share of funds of the Bands under that Act.

(b)

Consultation

In carrying out this section, the Secretary shall consult with and request information from—

(1)

elected leaders of the Bands; and

(2)

anthropologists, ethno-historians, and genealogists associated with the Bands;

(3)

attorneys of the Bands; and

(4)

other experts, as the Secretary determines appropriate.

(c)

Conclusion

(1)

Positive report

Not later than August 31, 2007, if the Secretary determines by a preponderance of the evidence that the Bands satisfy 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, 2007, if the Secretary determines by a preponderance of the evidence that the Bands fail 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, 2007, the Secretary shall recognize the Bands as an Indian tribe; and

(2)

title II shall apply to the Bands.

103.

Action by Congress

(a)

Action by deadline

(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, 2007, the Secretary shall recognize the Bands as an Indian tribe; and

(B)

title II shall apply to the Bands.

(3)

Negative report

If the Secretary submitted a negative report under section 102(c)(2), the Secretary shall—

(A)

return the petition of the Bands to the list maintained by the Office of Federal Acknowledgment; and

(B)

grant the Bands any opportunity available to the Bands to prove the status of the Bands 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, 2007, the Secretary shall recognize the Bands as an Indian tribe; and

(B)

title II shall apply to the Bands.

(3)

Negative report

If the Secretary submitted a negative report under section 102(c)(2), the Secretary shall—

(A)

return the petition of the Bands to the list maintained by the Office of Federal Acknowledgment; and

(B)

grant the Bands any opportunity available to the Bands to prove the status of the Bands as an Indian tribe.

II

Membership; jurisdiction; land

201.

Recognition

Not later than November 30, 2007, 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.

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.

203.

Federal services and benefits

(a)

In general

Not later than October 31, 2007, 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.

(b)

Jurisdiction

(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.

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)).

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.

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).