[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5227 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5227
To reaffirm and clarify the Federal relationships of the Grand River
Bands of Ottawa Indians of Michigan as a federally recognized Indian
tribe, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 25, 2024
Mr. Peters (for himself and Ms. Stabenow) introduced the following
bill; which was read twice and referred to the Committee on Indian
Affairs
_______________________________________________________________________
A BILL
To reaffirm and clarify the Federal relationships of the Grand River
Bands of Ottawa Indians of Michigan as a federally recognized Indian
tribe, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Grand River Bands of Ottawa Indians
Restoration Act of 2024''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Tribe consists of the 19 bands of Indians who
occupied territory in what is now west Michigan, including the
counties of Kent, Ottawa, Muskegon, Newaygo, and Oceana.
(2) The Tribe consists of descendants of, and political
successors to, signatories of the 1821 Treaty of Chicago, 1836
Treaty of Washington, and the 1855 Treaty of Detroit.
(3) In 1994, Public Law 103-324 (108 Stat. 2156) recognized
two Michigan Ottawa tribes whose histories are virtually
identical to that of the Grand River Bands, the Little River
Band of Ottawa Indians and the Little Traverse Bay Bands of
Odawa Indians.
(4) The Commissioner of Indian Affairs, Morris Thompson,
and Congress, via Public Law 103-324, specifically recognized
that the Northern Michigan Ottawa Association and the Grand
River Bands Descendant's Committee, whose membership included
the Grand River Bands, were ``functioning as or at least are
accepted as Tribal political entities by the Minneapolis Area
and Great Lakes Agency''.
(5) The State of Michigan has acknowledged the Tribe as a
State historic tribe that, as of 2024, continues to exist as a
Tribal entity.
(6) In 1997, the Michigan Indian Land Claims Settlement Act
(Public Law 105-143) reserved a percentage of the funds
appropriated for payment of land claims to ``newly recognized
or reaffirmed tribes described in section 110''. Section 110 of
that law states that eligible non-recognized tribes are those--
(A) that are signatory to either the 1836 Treaty or
the 1855 Treaty;
(B) whose members are predominately Chippewa and
Ottawa; and
(C) that file a documented petition by December 15,
2000.
(7) The Tribe was the only unrecognized Michigan tribe that
met the requirements of section 110 of the Michigan Indian Land
Claims Settlement Act.
(8) The Tribe was instrumental in the filing of the
original land claim and is comprised of descendants of members
who signed the Treaties of 1821, 1836, and 1855.
(9) The Tribe filed a fully documented petition with the
Bureau of Indian Affairs on December 8, 2000, and thus met the
Act's filing deadline.
(10) After the Tribe filed its petition in 2000, the Bureau
of Indian Affairs did not issue a technical assistance letter
until 2005. The Tribe responded fully in 2006, but still has
not been recognized.
(11) The Bureau of Indian Affairs did not meet its legal
requirement under the Michigan Indian Land Claims Settlement
Act to recognize the Tribe, and the Tribe is still in the
recognition process almost 26 years later.
(12) The Tribe met all of the criteria for distribution of
the judgment funds reserved for an unrecognized tribe under
section 110 of the Michigan Indian Land Claims Settlement Act.
However, the Tribal funds reverted back to the Treasury, which
was a gross miscarriage of justice because the Tribe was a full
participant in the claims litigation before the Indian Claim
Commission that gave rise to the judgment award.
(13) For every year that the Bureau of Indian Affairs does
not act on the Tribe's petition, the Tribe is unable to meet
any needs for its members for social services, education,
housing and elder care.
(14) The Tribe filed for reorganization of its existing
Tribal governments in 1935 under the Act of June 18, 1934 (25
U.S.C. 5101 et seq. (commonly referred to as the ``Indian
Reorganization Act'')). Federal agents who visited the Tribe,
including Commissioner of Indian Affairs John Collier, attested
to the continued social and political existence of the Tribe
and concluded that the Tribe was eligible for reorganization.
Due to a lack of Federal appropriations to implement the
provisions of the Indian Reorganization Act, the Tribe was
denied the opportunity to reorganize.
(15) In 1939, agents of the Federal Government made an
administrative decision not to provide services or extend the
benefits of the Indian Reorganization Act to any Indian tribes
in Michigan's lower peninsula.
(16) In spite of such denial, the Tribe continued their
political and social existence with a viable Tribal government.
The Tribe, along with other Michigan Odawa/Ottawa groups,
including the Little Traverse Bay Bands of Odawa Indians, the
Grand Traverse Band of Ottawa and Chippewa Indians, and the
Little River Band of Ottawa Indians, formed the Northern
Michigan Ottawa Association in 1948. The Association
subsequently pursued a successful land claim with the Indian
Claims Commission.
(17) Between 1948 and 1975, the Tribe carried out many of
its governmental functions through the Northern Michigan Ottawa
Association, while retaining individual Tribal control over
local decisions.
(18) The Federal Government, the governments of the State
of Michigan, and local governments have had continuous dealings
with the recognized political leaders of the Tribe from 1821 to
present.
SEC. 3. DEFINITIONS.
In this Act:
(1) Member.--The term ``member'' means an individual who is
enrolled in the Tribe pursuant to section 7.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribe.--The term ``Tribe'' means the Grand River Bands
of Ottawa Indians of Michigan.
SEC. 4. FEDERAL RECOGNITION.
(a) In General.--Federal recognition of the Tribe is hereby
affirmed.
(b) Effect of Federal Laws.--Except as otherwise provided in this
Act, all Federal laws (including regulations) of general application to
Indians and Indian tribes, including the Act of June 18, 1934 (25
U.S.C. 5101 et seq.; commonly known as the ``Indian Reorganization
Act''), shall apply to the Tribe and members.
SEC. 5. FEDERAL SERVICES AND BENEFITS.
(a) In General.--The Tribe and each member shall be eligible for
all services and benefits provided by the United States to Indians and
federally recognized Indian tribes as prescribed by law, without regard
to--
(1) the existence of a reservation for the Tribe; or
(2) the location of the residence of any member on or near
an Indian reservation.
(b) Service Area.--For purposes of the delivery of services and
benefits to members, the service area of the Tribe shall be Newaygo,
Oceana, Kent, Muskegon and Ottawa Counties in Michigan.
SEC. 6. REAFFIRMATION OF RIGHTS.
(a) In General.--Nothing in this Act diminishes any right or
privilege of the Tribe or any member that existed before the date of
the enactment of this Act.
(b) Claims of Tribe.--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
before the date of the enactment of this Act.
SEC. 7. MEMBERSHIP ROLL.
(a) In General.--As a condition of receiving recognition, services,
and benefits pursuant to this Act, not later than 18 months after the
date of the enactment of this Act, the Tribe shall submit to the
Secretary a membership roll consisting of the name of each individual
enrolled as a member of the Tribe.
(b) Determination of Membership.--The qualifications for inclusion
on the membership roll of the Tribe shall be determined in accordance
with the Tribe's governing documents.
(c) Maintenance of Roll.--The Tribe shall maintain the membership
roll under this section.
SEC. 8. ACQUISITION OF LAND.
(a) Homeland.--The Secretary shall--
(1) acquire, for the benefit of the Tribe, trust title to
land within Muskegon, Newaygo, or Oceana Counties; and
(2) accept into trust any real property located in those
counties for the benefit of the Grand River Bands of Ottawa
Indians, if--
(A) conveyed or otherwise transferred to the
Secretary; and
(B) at the time of such acceptance, there are not
adverse legal claims on such property, including
outstanding liens, mortgages or taxes owed.
(b) Additional Acquisitions; Trust Land.--The Secretary may--
(1) acquire additional land for the benefit of the Tribe
pursuant to section 5 of the Act of June 18, 1934 (25 U.S.C.
5108; commonly known as the ``Indian Reorganization Act''); and
(2) take into trust for the benefit of the Tribe any land
held in fee by the Tribe, if such lands are located within the
boundaries of, Kent and Ottawa Counties in Michigan.
(c) Deadline for Determination.--The Secretary shall--
(1) make a final written determination not later than 18
months of the date which the Tribe submits a request for land
to be taken into trust under subsection (a)(1); and
(2) immediately make the determination under paragraph (1)
available to the Tribe.
(d) Reservation Status.--Any land taken into trust for the benefit
of the Tribe pursuant to this paragraph shall, upon request of the
Tribe, be considered part of the reservation of the Tribe.
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