text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Little Traverse Bay Bands of Odawa 
  Indians and the Little River Band of Ottawa Indians Act''.
  
  SEC. 2. FINDINGS.
  
      Congress finds the following:
              (1) The Little Traverse Bay Bands of Odawa Indians and the 
          Little River Band of Ottawa Indians are descendants of, and 
          political successors to, signatories of the 1836 Treaty of 
          Washington and the 1855 Treaty of Detroit.
              (2) The Grand Traverse Band of Ottawa and Chippewa Indians, 
          the Sault Ste. Marie Tribe of Chippewa Indians, and the Bay 
          Mills Band of Chippewa Indians, whose members are also 
          descendants of the signatories to the 1836 Treaty of Washington 
          and the 1855 Treaty of Detroit, have been recognized by the 
          Federal Government as distinct Indian tribes.
              (3) The Little Traverse Bay Bands of Odawa Indians consists 
          of at least 1,000 eligible members who continue to reside close 
          to their ancestral homeland as recognized in the Little 
          Traverse Reservation in the 1836 Treaty of Washington and 1855 
          Treaty of Detroit, which area is now known as Emmet and 
          Charlevoix Counties, Michigan.
              (4) The Little River Band of Ottawa Indians consists of at 
          least 500 eligible members who continue to reside close to 
          their ancestral homeland as recognized in the Manistee 
          Reservation in the 1836 Treaty of Washington and reservation in 
          the 1855 Treaty of Detroit, which area is now known as Manistee 
          and Mason Counties, Michigan.
              (5) The Bands filed for reorganization of their existing 
          tribal governments in 1935 under the Act of June 18, 1934 (25 
          U.S.C. et seq.; commonly referred to as the ``Indian 
          Reorganization Act''). Federal agents who visited the Bands, 
          including Commissioner of Indian Affairs, John Collier, 
          attested to the continued social and political existence of the 
          Bands and concluded that the Bands were eligible for 
          reorganization. Due to a lack of Federal appropriations to 
          implement the provisions of such Act, the Bands were denied the 
          opportunity to reorganize.
              (6) In spite of such denial, the Bands continued their 
          political and social existence with viable tribal governments. 
          The Bands, along with other Michigan Odawa/Ottawa groups, 
          including the tribes described in paragraph (2), formed the 
          Northern Michigan Ottawa Association in 1948. The Association 
          subsequently pursued a successful land claim with the Indian 
          Claims Commission.
              (7) Between 1948 and 1975, the Bands carried out many of 
          their governmental functions through the Northern Michigan 
          Ottawa Association, while retaining individual Band control 
          over local decisions.
              (8) In 1975, the Northern Michigan Ottawa Association 
          petitioned under the Act of June 18, 1934 (25 U.S.C. 461 et 
          seq.; commonly referred to as the ``Indian Reorganization 
          Act''), to form a government on behalf of the Bands. Again in 
          spite of the Bands' eligibility, the Bureau of Indian Affairs 
          failed to act on their request.
              (9) 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 Bands 
          from 1836 to the present.
  
  SEC. 3. DEFINITIONS.
  
      For purposes of this Act--
              (1) the term ``Bands'' means the Little Traverse Bay Bands 
          of Odawa Indians and the Little River Band of Ottawa Indians;
              (2) the term ``member'' means those individuals enrolled in 
          the Bands pursuant to section 7; and
              (3) the term ``Secretary'' means the Secretary of the 
          Interior.
  
  SEC. 4. FEDERAL RECOGNITION.
  
      (a) Federal Recognition.--Federal recognition of the Little 
  Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa 
  Indians is hereby reaffirmed. 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 Bands and their members.
      (b) Federal Services and Benefits.--
              (1) In general.--The Bands and their members shall be 
          eligible for all services and benefits provided by the Federal 
          Government to Indians because of their status as federally 
          recognized Indians, and notwithstanding any other provision of 
          law, such services and benefits shall be provided after the 
          date of the enactment of this Act to the Bands and their 
          members 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 areas.--
                      (A) Little traverse bay bands.--For purposes of the 
                  delivery of Federal services to the enrolled members of 
                  the Little Traverse Bay Bands of Odawa Indians, the 
                  area of the State of Michigan within 70 miles of the 
                  boundaries of the reservations for the Little Traverse 
                  Bay Bands as set out in Article I, paragraphs `third' 
                  and `fourth' of the Treaty of 1855, 11 Stat. 621, shall 
                  be deemed to be within or near a reservation, 
                  notwithstanding the establishment of a reservation for 
                  the tribe after the date of the enactment of this Act. 
                  Services may be provided to members outside the named 
                  service area unless prohibited by law or program 
                  regulations.
                      (B) Little river band.--For purposes of the 
                  delivery of Federal services to enrolled members of the 
                  Little River Band of Ottawa Indians, the Counties of 
                  Manistee, Mason, Wexford and Lake, in the State of 
                  Michigan, shall be deemed to be within or near a 
                  reservation, notwithstanding the establishment of a 
                  reservation for the tribe after the date of the 
                  enactment of this Act. Services may be provided to 
                  members outside the named Counties unless prohibited by 
                  law or program regulations.
  
  SEC. 5. REAFFIRMATION OF RIGHTS.
  
      (a) In General.--All rights and privileges of the Bands, and their 
  members thereof, which may have been abrogated or diminished before the 
  date of the 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 Bands, or of their 
  members, 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 Bands might have to enforce 
  any right or privilege reserved by or granted to the Bands which were 
  wrongfully denied to or taken from the Bands prior to the enactment of 
  this Act.
  
  SEC. 6. TRANSFER OF LAND FOR THE BENEFIT OF THE BANDS.
  
      (a) Little Traverse Bay Bands.--The Secretary shall acquire real 
  property in Emmet and Charlevoix Counties for the benefit of the Little 
  Traversee Bay Bands. The Secretary shall also accept any real property 
  located in those Counties for the benefit of the Little Traverse Bay 
  Bands if conveyed or otherwise transferred to the Secretary, if at the 
  time of such acceptance, there are no adverse legal claims on such 
  property including outstanding liens, mortgages or taxes owed.
      (b) Little River Band.--The Secretary shall acquire real property 
  in Manistee and Mason Counties for the benefit of the Little River 
  Band. The Secretary shall also accept any real property located in 
  those Counties for the benefit of the Little River Band if conveyed or 
  otherwise transferred to the Secretary, if at the time of such 
  acceptance, there are no adverse legal claims on such property 
  including outstanding liens, mortgages or taxes owed.
      (c) Additional Lands.--The Secretary may accept any additional 
  acreage in each of the Bands' service area specified by section 4(b) of 
  this Act pursuant to his authority under the Act of June 18, 1934 (25 
  U.S.C. 461 et seq.; commonly referred to as the ``Indian Reorganization 
  Act'').
      (d) Reservation.--Subject to the conditions imposed by this 
  section, the land acquired by or transferred to the Secretary under or 
  pursuant to this section shall be taken in the name of the United 
  States in trust for the Bands and shall be a part of the respective 
  Bands' reservation.
  
  SEC. 7. MEMBERSHIP.
  
      Not later than 18 months after the date of the enactment of this 
  Act, the Bands shall submit to the Secretary membership rolls 
  consisting of all individuals currently enrolled for membership in such 
  Bands. The qualifications for inclusion on the membership rolls of the 
  Bands shall be determined by the membership clauses in such Bands' 
  respective governing documents, in consultation with the Secretary. 
  Upon completion of the rolls, the Secretary shall immediately publish 
  notice of such in the Federal Register. The Bands 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, elections for the purposes of adopting new 
          constitutions for the Bands. The elections shall be held 
          according to the procedures applicable to elections under 
          section 16 of the Act of June 18, 1934 (25 U.S.C. 476; commonly 
          referred to as the ``Indian Reorganization Act'').
              (2) Interim governing documents.--Until such time as new 
          constitutions are adopted under paragraph (1), the governing 
          documents in effect on the date of the enactment of this Act 
          shall be the interim governing documents for the Bands.
      (b) Officials.--
              (1) Election.--Not later than 6 months after the Bands 
          adopt constitutions and bylaws pursuant to subsection (a), the 
          Bands shall conduct elections by secret ballot for the purpose 
          of electing officials for the Bands as provided in the Bands' 
          respective governing constitutions. The elections shall be 
          conducted according to the procedures described in the Bands' 
          constitutions and bylaws.
              (2) Interim governments.--Until such time as the Bands 
          elect new officials pursuant to paragraph (1), the Bands' 
          governing bodies shall be those governing bodies in place on 
          the date of the enactment of this Act, or any new governing 
          bodies selected under the election procedures specified in the 
          respective interim governing documents of the Bands.
target: Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians Act - Reaffirms and extends Federal recognition and associated benefits to the Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians (Tribes) of Michigan. 
  Provides for the Tribes to be governed by current interim documents and officials until the Secretary of the Interior conducts elections to adopt a constitution and elect new tribal officials. 
  Provides for the transfer of specified land for the benefit of the Bands.
feat_title: Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians Act