article: 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.
summary: 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.