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 recognized the Tribe in 1996.
(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 1820, 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. 461 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.