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.
Short title; table of contents
Short title
This Act may be cited
as the Grand River Bands of Ottawa
Indians of Michigan Referral Act
.
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.
Definitions
In this Act:
Bands; Tribe
The terms Bands and Tribe mean the Grand River Bands of the Ottawa Indians of Michigan.
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.
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).
Secretary
The term Secretary means the Secretary of the Interior.
Referral to the Secretary
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.
Report
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—
the majority of members of the Bands are descendants of, and political successors to, signatories of—
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);
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
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;
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—
the Grand Traverse Band of Ottawa and Chippewa Indians;
the Sault Ste. Marie Tribe of Chippewa Indians;
the Bay Mills Band of Chippewa Indians;
the Little Traverse Bay Band of Odawa Indians; and
the Little River Band of Ottawa Indians;
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);
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.);
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
due to a lack of Federal appropriations to implement the provisions of the Indian Reorganization Act, the Bands were denied the opportunity to reorganize;
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
the Bands carried out tribal governmental functions through the Northern Michigan Ottawa Association while retaining control over local decisions;
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
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.
Consultation
In carrying out this section, the Secretary shall consult with and request information from—
elected leaders of the Bands; and
anthropologists, ethno-historians, and genealogists associated with the Bands;
attorneys of the Bands; and
other experts, as the Secretary determines appropriate.
Conclusion
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.
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.
Failure to submit report
If the Secretary fails to submit to Congress a report in accordance with subsection (c)—
not later than November 30, 2007, the Secretary shall recognize the Bands as an Indian tribe; and
title II shall apply to the Bands.
Action by Congress
Action by deadline
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.
Positive report
If the Secretary submitted a positive report under section 102(c)(1)—
not later than November 30, 2007, the Secretary shall recognize the Bands as an Indian tribe; and
title II shall apply to the Bands.
Negative report
If the Secretary submitted a negative report under section 102(c)(2), the Secretary shall—
return the petition of the Bands to the list maintained by the Office of Federal Acknowledgment; and
grant the Bands any opportunity available to the Bands to prove the status of the Bands as an Indian tribe.
Failure to act by deadline
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.
Positive report
If the Secretary submitted a positive report under section 102(c)(1)—
not later than November 30, 2007, the Secretary shall recognize the Bands as an Indian tribe; and
title II shall apply to the Bands.
Negative report
If the Secretary submitted a negative report under section 102(c)(2), the Secretary shall—
return the petition of the Bands to the list maintained by the Office of Federal Acknowledgment; and
grant the Bands any opportunity available to the Bands to prove the status of the Bands as an Indian tribe.
Membership; jurisdiction; land
Recognition
Not later than November 30, 2007, if subsection (a)(2) or (b)(2) of section 103 applies, the Secretary shall—
recognize the Tribe; and
publish notice of the recognition by the Secretary in the Federal Register.
Membership
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.
List of individuals eligible for membership
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.
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.
Publication of notice
On receiving the membership roll under paragraph (1), the Secretary shall publish notice of the membership roll in the Federal Register.
Maintenance of rolls
The Tribe shall ensure that the membership roll of the Tribe is maintained.
Federal services and benefits
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—
the existence of a reservation; or
the location of the residence of a member on or near an Indian reservation.
Jurisdiction
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—
all land and water designated to the Ottawa in the treaties described in subparagraphs (A) and (B) of section 102(a)(1); and
all land and water described in any other treaty that provides for a right of the Tribe.
Effect of Federal law
Notwithstanding paragraph (1), the jurisdiction of the Tribe shall be consistent with Federal law.
Rights of the Tribe
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.
Existing rights of Tribe
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.
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.
Future applications
This Act does not address the merits of, or affect the right of the Tribe to submit, any future application regarding—
placing land into trust; or
gaming (as defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)).
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.
Jurisdiction of trust land
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.
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).