[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.