text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Swan Creek Black River Confederated 
  Ojibwa Tribes of Michigan Act''.
  
  SEC. 2. DEFINITIONS.
  
      For purposes of this Act--
              (1) the term ``Tribe'' means the Swan Creek and Black River 
          Confederated Ojibwa Tribes of Michigan;
              (2) the term ``member'' means an individual who is eligible 
          for enrollment in the Tribe pursuant to section 4; and
              (3) the term ``Secretary'' means the Secretary of the 
          Interior.
  
  SEC. 3. FINDINGS.
  
      The Congress finds the following:
              (1) The Tribe is the descendant of, and political successor 
          to, the signatories of the 1785 Treaty of McIntosh (7 Stat. 
          16); the 1789 Treaty of Fort Harmar (7 Stat. 28); the 1795 
          Treaty of Greenville (7 Stat. 49); the 1805 Treaty with the 
          Wyandot (7 Stat. 87); the 1807 Treaty of Detroit (7 Stat. 105); 
          the 1808 Treaty of Detroit (7 Stat. 112); the Treaty of 1815 (7 
          Stat. 131); the Treaty of 1816 (7 Stat. 146); the Treaty of 
          1817 (7 Stat. 160); the Treaty of 1833 (7 Stat. 431); the 1836 
          Treaty of Washington (7 Stat. 503); the 1855 Treaty of Detroit 
          (11 Stat. 633); and the Treaty of 1864 (14 Stat. 657).
              (2) The aboriginal lands of the Tribe comprise the area 
          which is now known as Monroe, Shiawassee, Lenawee, Wayne, 
          Oakland, Macomb, St. Clair, Lapeer, Sanilac, Livingston, 
          Washtenaw, Genesee, and Tuscola Counties in southeastern lower 
          Michigan. The boundaries of the Tribe's aboriginal lands extend 
          from Monroe County in the Southeast, to Sanilac County in the 
          North, to Genesee County in the West.
              (3) The cession treaties, from the 1807 Treaty of Detroit 
          through the 1836 Treaty of Washington, legitimated seizure of 
          tribal lands by settlers, forced the Tribe to relinquish most 
          of its rich aboriginal lands in southeastern Michigan, 
          relegating the Tribe to small tracts of land in Macomb, Wayne, 
          Washtenaw, and St. Clair counties in Michigan, and its members 
          to small annuity payments by the United States.
              (4) The 1836 Treaty of Washington compelled the Tribe to 
          relinquish the small tracts of land granted in the 1807 Treaty 
          of Detroit, purportedly in exchange for future annuity payments 
          and an equivalent amount of land in Kansas. The 1807 treaty did 
          not require the Tribe to relocate to the lands in Kansas and 
          only 51 members actually did so. According to the 1845 United 
          States Richmond census documents, the majority of the Tribe 
          migrated north to Lapeer County, Michigan or remained in the 
          counties of Macomb, Wayne, Washtenaw, and St. Clair.
              (5) Pursuant to the 1855 Treaty of Detroit, members of the 
          Tribe were requested to relocate from their homes in Lapeer, 
          Macomb, Wayne, Washtenaw, and St. Clair counties in Michigan to 
          non-aboriginal lands further north in Isabella County, 
          Michigan, where tribal members were entitled to individual land 
          allotments. Many members remained in Lapeer, Macomb, Wayne, 
          Washtenaw, and St. Clair counties. For the administrative 
          convenience of the Federal Government, the 1855 Treaty of 
          Detroit also relocated the Saginaw Band of Chippewa Indians, 
          including some Potowatomis and Ottawas to the newly-established 
          reservation lands in Isabella County. Article 6 of that treaty 
          also provided that the organization of the Tribe and of the 
          Saginaw Band of Chippewa Indians was dissolved, ``except so far 
          as may be necessary for the purpose of carrying into effect'' 
          the provisions of the treaty.
              (6) Another 1855 Treaty of Detroit (11 Stat. 624) similarly 
          grouped different bands of Ottawa and Chippewa Indians for 
          administrative convenience. Article 5 of that treaty provided 
          for dissolution of the organization of these bands except so 
          far as may be necessary for the purpose of carrying into effect 
  the provisions of that treaty. Subsequent judicial interpretation of 
  that article determined that its intent was to dissolve the Federal 
  Government's fictional coupling of these tribes, not to destroy their 
  independent sovereign existence. Public Law 103-324 confirmed this 
  interpretation by reaffirming the Federal recognition of the Little 
  River Band of Ottawa Indians as a tribe separate and distinct from the 
  Chippewa Indians.
              (7) The Treaty of 1864 confirmed continued Federal 
          acknowledgement of the Tribe by specifically naming the Swan 
          Creek and Black River Chippewas in that treaty's preamble.
              (8) Over time and without justification, the Federal 
          Government unilaterally withdrew from the Federal relationship 
          established with the Tribe through the aforementioned treaties. 
          The Tribe brought suit against the Federal Government for 
          amounts past due under the treaties. In 1910 and 1924, the 
          Congress enacted jurisdictional acts (36 Stat. 829 and 43 Stat. 
          137, respectively) to enable the Tribe and the Saginaw Band of 
          Chippewa to file their respective claims against the United 
          States. These claims, filed in 1927, were later incorporated 
          into Indian Claims Commission Dockets 57, 59, and 13-E, and 
          United Claims Court Docket 13-F.
              (9) Beginning in 1935, the Tribe petitioned for 
          reorganization and assistance pursuant to the Act of June 18, 
          1934 (25 U.S.C. 461 et seq., commonly referred to as the 
          ``Indian Reorganization Act''). Due to misinterpretation of 
          Article 6 of the 1855 Treaty of Detroit, the Commissioner of 
          Indian Affairs concluded that the Tribe could not organize 
          separately from the Saginaw Band of Chippewa Indians. Due to 
          the lack of funding available for tribal land acquisition, the 
          Swan Creek Black River Ojibwa Bands were unable to purchase 
          their own reservation lands.
              (10) 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 additional 
          Indian tribes located in Michigan's lower peninsula, as 
          recognized by the 1807 Treaty of Detroit (7 Stat. 105), the 
          1819 Treaty of Saginaw (7 Stat. 203), the March 28, 1836 Treaty 
          of Washington (7 Stat. 491), and the May 9, 1836 Treaty of 
          Washington (7 Stat. 503).
              (11) In 1986, Congress enacted Public Law 99-346 (100 Stat. 
          674) to distribute judgment funds awarded in settlement of the 
          claims brought by the Tribe and the Saginaw Band in Dockets 57, 
          59, 13-E, and 13-F in a nondiscriminatory manner to the 
          claimants and their descendants. This Act, like the 
          jurisdictional Acts of 1910 and 1924, contained no clear and 
          unambiguous intent to terminate the Federal relationship with 
          the Tribe. To the contrary, these Acts acknowledged that the 
          Tribe possessed collective sovereign rights in tribal lands and 
          funds, a primary criterion for Federal recognition.
              (12) Despite administrative denials of requests by the 
          Tribe to organize its own federally recognized tribal 
          government, the Tribe continued to carry out its governmental 
          functions through various formal and informal political and 
          social structures, including a Tribal Council. Between 1937 and 
          1991, the Tribe conducted many of its government functions 
          through associations organized by Swan Creek members, including 
          the Saginaw Rural and Urban Indian Association. In 1991, the 
          Tribe chartered a State-sanctioned, non-profit tribal 
          government and agreed to seek Federal recognition of its 
          confederation of Swan Creek and Black River Ojibwa Bands as a 
          distinct tribe.
              (13) Other tribes in Michigan, whose members are 
          descendants of the signatories to one or more of the treaties 
          listed in paragraph (1) have been recognized by the Federal 
          Government as distinct Indian tribes, including the Pokagon 
          Band of Potawatomi Indians, the Huron Potawatomi Band of 
          Indians, the Grand Traverse Band of Ottawa and Chippewa 
          Indians, the Sault St. Marie Tribe of Chippewa Indians, the Bay 
          Mills Band of Chippewa Indians, the Saginaw Chippewa Tribe of 
          Michigan, and the Little Traverse Bay Bands of Odawa Indians.
              (14) The Tribe has at least 300 eligible members who 
          continue to reside close to what was recognized in the 1807 
          Treaty of Detroit as their ancestral homelands in southeastern 
          lower Michigan.
              (15) The United States Government, the government of the 
          State of Michigan, and local governments have had continuous 
          dealings with the recognized political leaders of the Tribe 
          since 1785.
              (16) In light of the treaty relations between the Tribe and 
          the United States, the Tribe's recognition as a tribe in Acts 
          of Congress, and Federal recognition of the Tribe's rights in 
          tribal lands and funds, it is appropriate for Congress to 
          reaffirm and clarify the Federal relationship of the Tribe in 
          the same manner as Congress has reaffirmed Federal recognition 
          of the Lac Vieux Desert Band of Lake Superior Chippewa Indians, 
  the Pokagon Band of Potawatomi Indians, the Little Traverse Bay Bands 
  of Odawa Indians, and the Little River Band of Ottawa Indians.
  
  SEC. 4. FEDERAL RECOGNITION.
  
      (a) Federal Recognition.--Federal recognition of the Swan Creek 
  Black River Confederated Ojibwa Tribes of Michigan Indians is hereby 
  affirmed. All laws and regulations of the United States of general 
  application to Indians or nations, tribes, or bands of Indians, 
  including the Act of June 18, 1934 (25 U.S.C. 461 et seq.) (commonly 
  referred to as the ``Indian Reorganization Act''), which are not 
  inconsistent with any specific provision of this Act shall be 
  applicable to the Tribe and its members.
      (b) Federal Services and Benefits.--
              (1) In general.--The Tribe and its members shall be 
          eligible, on and after the date of the enactment of this Act, 
          for all future services and benefits furnished to federally 
          recognized Indian tribes without regard to the existence of a 
          reservation for the Tribe 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 enrolled members of the Tribe, the Tribe's service 
          area shall be deemed to be the area comprised of Monroe, 
          Shiawassee, Lenawee, Wayne, Oakland, Macomb, St. Clair, Lapeer, 
          Sanilac, Washtenaw, Genesee, and Tuscola Counties in 
          southeastern lower Michigan. Such services shall be provided 
          notwithstanding the establishment of a reservation for the 
          Tribe after the date of enactment of this Act. Services may be 
          provided to members outside the named service area unless 
          prohibited by law or regulation.
  
  SEC. 5. REAFFIRMATION OF RIGHTS.
  
      (a) In General.--All rights and privileges of the Tribe, and the 
  members thereof, which may have been abrogated or diminished before the 
  date of enactment of this Act are hereby reaffirmed.
      (b) Existing Rights of Tribe.--Nothing in this Act shall be 
  construed to diminish any right or privilege of the Tribe, or the 
  members thereof, that existed prior to the date of 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 Tribe might have to enforce 
  any right or privilege reserved by or granted to the Tribe which was 
  wrongfully denied to or taken from the Tribe prior to the enactment of 
  this Act.
  
  SEC. 6. TRIBAL LANDS.
  
      The Tribe's tribal lands shall consist of all real property, now or 
  hereafter held by, or in trust for, the Tribe. The Secretary shall 
  acquire real property for the benefit of the Tribe. Any such property 
  shall be taken by the Secretary in the name of the United States in 
  trust for the benefit of the Tribe and shall become part of the Tribe's 
  reservation. All lands restored to the Tribe pursuant to this section, 
  whether now or hereafter held, shall be within those lands previously 
  ceded by the Tribe in the 1807 Treaty of Detroit (7 Stat. 105).
  
  SEC. 7. MEMBERSHIP.
  
      Not later than 18 months after the date of the enactment of this 
  Act, the Tribe shall submit to the Secretary membership rolls 
  consisting of all individuals eligible for membership in the Tribe. The 
  qualifications for inclusion on the membership rolls of the Tribe shall 
  be determined by the membership clause in the governing documents of 
  the Tribe in consultation with the Secretary. Upon completion of the 
  rolls, the Secretary shall immediately publish notice of such in the 
  Federal Register. The Tribe shall ensure that such rolls are maintained 
  and kept current.
  
  SEC. 8. CONSTITUTION AND GOVERNING BODY.
  
      (a) Constitution.--
              (1) Adoption.--Not later than 24 months after the date of 
          the enactment of this Act, the Secretary shall conduct, by 
          secret ballot and in accordance with the provisions of section 
          16 of the Act of June 18, 1934 (25 U.S.C. 476), an election to 
          adopt a constitution and bylaws for the Tribe.
              (2) Interim governing documents.--Until such time as a new 
          constitution is adopted under paragraph (1), the governing 
          documents in effect on the date of enactment of this Act shall 
          be the interim governing documents for the Tribe.
      (b) Officials.--
              (1) Election.--Not later than 6 months after the Tribe 
          adopts a constitution and bylaws pursuant to subsection (a), 
          the Secretary shall conduct elections by secret ballot for the 
          purpose of electing officials for the Tribe as provided in the 
          constitution. The election shall be conducted according to the 
          procedures described in subsection (a) except to the extent 
          that such procedures conflict with the constitution of the 
          Tribe.
              (2) Interim government.--Until such time as the Tribe 
          elects new officials pursuant to paragraph (1), the governing 
          body of the Tribe shall be the governing body in place on the 
          date of the enactment of this Act, or any new governing body 
          selected under the election procedures specified in the interim 
          governing documents of the Tribe.
  
  SEC. 9. JURISDICTION.
  
      The Tribe shall have jurisdiction to the full extent allowed by law 
  over all lands taken into trust for the benefit of the Tribe by the 
  Secretary. The Tribe shall exercise jurisdiction over all its members 
  who reside within its service area, as specified in section 4(b)(2) in 
  matters pursuant to the Indian Child Welfare Act of 1978 (25 U.S.C. 
  1901 et seq.) as if the members were residing upon a reservation as 
  defined in that Act.
target: Swan Creek Black River Confederated Ojibwa Tribes of Michigan Act - Reaffirms Federal recognition of the Swan Creek Black River Confederated Ojibwa Tribes of Michigan Indians as a distinct Indian tribe.  Provides for the Tribe's tribal lands to be taken by the Secretary of Interior in trust for the benefit of the Tribe.  Directs the Secretary of the Interior to conduct by secret ballot an election to adopt a constitution and bylaws for the Tribe.
feat_title: Swan Creek Black River Confederated Ojibwa Tribes of Michigan Act