S. 2160

119 S2160 IS: Grand River Bands of Ottawa Indians Restoration Act of 2025
 U.S. Senate
 2025-06-25
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II
 119th CONGRESS  1st Session
 S. 2160
 IN THE SENATE OF THE UNITED STATES
 June 25 (legislative day, June 24), 2025
  Mr. Peters  (for himself and  Ms. Slotkin ) introduced the following bill; which was read twice and referred to the  Committee on Indian Affairs
 A BILL
To reaffirm and clarify the Federal relationships of the Grand River Bands of Ottawa Indians of Michigan as a federally recognized Indian Tribe, and for other purposes.
1.
Short title
This Act may be cited as the   Grand River Bands of Ottawa Indians Restoration Act of 2025  .
2.
Findings
Congress finds that—
(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 (7 Stat. 218), the 1836 Treaty of Washington (7 Stat. 491), and the 1855 Treaty of Detroit (11 Stat. 621);
(3)
in 1994, the Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians Act ( Public Law 103–324 ; 108 Stat. 2156) recognized 2 Michigan Ottawa Indian 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, in the Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians Act ( Public Law 103–324 ; 108 Stat. 2156), 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 has acknowledged the Tribe as a State historic Indian Tribe that, as of 2025, continues to exist as a Tribal entity;
(6)
in 1997, the Michigan Indian Land Claims Settlement Act ( Public Law 105–143 ; 111 Stat. 2652) reserved a percentage of the funds appropriated for payment of land claims to  newly recognized or reaffirmed tribes described in section 110 , in which section 110 of that Act (111 Stat. 2663) states that eligible non-recognized Indian Tribes are those—
(A)
that are a signatory to the 1836 Treaty of Washington (7 Stat. 491) or the 1855 Treaty of Detroit (11 Stat. 621);
(B)
whose members are predominately Chippewa and Ottawa; and
(C)
that file a documented petition by December 15, 2000;
(7)
as of the date of enactment of this Act, the Tribe is the only unrecognized Michigan Indian Tribe that met the requirements of section 110 of the Michigan Indian Land Claims Settlement Act ( Public Law 105–143 ; 111 Stat. 2663);
(8)
the Tribe was instrumental in the filing of the original land claim;
(9)
the Tribe filed a fully documented petition with the Bureau of Indian Affairs on December 8, 2000, and thus met the filing deadline described in section 110(a) of the Michigan Indian Land Claims Settlement Act ( Public Law 105–143 ; 111 Stat. 2663);
(10)
after the Tribe filed its petition in 2000, the Director of the Bureau of Indian Affairs did not issue a technical assistance letter until 2005, to which the Tribe responded fully in 2006, but still has not been recognized;
(11)
the Director of the Bureau of Indian Affairs did not meet their legal requirement under the Michigan Indian Land Claims Settlement Act ( Public Law 105–143 ; 111 Stat. 2652) 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 Indian Tribe under section 110 of the Michigan Indian Land Claims Settlement Act ( Public Law 105–143 ; 111 Stat. 2663), but 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 Claims Commission that gave rise to the judgment award;
(13)
for every year that the Director of 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 (48 Stat. 984, chapter 576;  25 U.S.C. 5101 et seq. ) (commonly known as the  Indian Reorganization Act );
(15)
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 but, due to a lack of Federal appropriations to implement the Act of June 18, 1934 (48 Stat. 984, chapter 576;  25 U.S.C. 5101 et seq. ) (commonly known as the  Indian Reorganization Act ), the Tribe was denied the opportunity to reorganize;
(16)
in 1939, agents of the Federal Government made an administrative decision not to provide services or extend the benefits of the Act of June 18, 1934 (48 Stat. 984, chapter 576;  25 U.S.C. 5101 et seq. ) (commonly known as the  Indian Reorganization Act ) to any Indian Tribes in Michigan’s lower peninsula;
(17)
in spite of such denial, the Tribe continued their political and social existence with a viable Tribal government;
(18)
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, which subsequently pursued a successful land claim with the Indian Claims Commission;
(19)
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; and
(20)
the Federal Government, the government of the State of Michigan, and local governments have had continuous dealings with the recognized political leaders of the Tribe from 1821 to present.
3.
Definitions
In this Act:
(1)
Member
The term  member  means an individual who is enrolled in the Tribe pursuant to section 7.
(2)
Secretary
The term  Secretary  means the Secretary of the Interior.
(3)
Tribe
The term  Tribe  means the Grand River Bands of Ottawa Indians of Michigan.
4.
Federal recognition
(a)
In general
Federal recognition of the Tribe is hereby affirmed.
(b)
Effect of Federal laws
Except as otherwise provided in this Act, all Federal laws (including regulations) of general application to Indians and Indian Tribes, including the Act of June 18, 1934 (48 Stat. 984, chapter 576;  25 U.S.C. 5101 et seq. ) (commonly known as the  Indian Reorganization Act ), shall apply to the Tribe and members.
5.
Federal services and benefits
(a)
In general
The Tribe and each member shall be eligible for all services and benefits provided by the United States to Indians and federally recognized Indian Tribes as prescribed by law, without regard to—
(1)
the existence of a reservation for the Tribe; or
(2)
the location of the residence of any member on or near an Indian reservation.
(b)
Service area
For purposes of the delivery of services and benefits to members, the service area of the Tribe shall be Newaygo, Oceana, Kent, Muskegon, and Ottawa Counties, Michigan.
6.
Reaffirmation of rights
(a)
In general
Nothing in this Act diminishes any right or privilege of the Tribe or any member that existed before the date of enactment of this Act.
(b)
Claims of tribe
Except as otherwise provided in this Act, nothing in this Act alters or affects any legal or equitable claim of the Tribe to enforce any right or privilege reserved by, or granted to, the Tribe that was wrongfully denied to, or taken from, the Tribe before the date of enactment of this Act.
7.
Membership roll
(a)
In general
As a condition of receiving recognition, services, and benefits pursuant to this Act, not later than 18 months after the date of enactment of this Act, the Tribe shall submit to the Secretary a membership roll consisting of the name of each individual enrolled in the Tribe.
(b)
Determination of membership
The qualifications for inclusion on the membership roll of the Tribe shall be determined in accordance with the governing documents of the Tribe.
(c)
Maintenance of roll
The Tribe shall maintain the membership roll under this section.
8.
Acquisition of land
(a)
Homeland
The Secretary shall—
(1)
acquire, for the benefit of the Tribe, trust title to land within Muskegon, Newaygo, or Oceana Counties, Michigan; and
(2)
accept into trust any real property located in those counties for the benefit of the Tribe, if—
(A)
conveyed or otherwise transferred to the Secretary; and
(B)
at the time of such acceptance, there are not adverse legal claims on such property, including outstanding liens, mortgages or taxes owed.
(b)
Additional acquisitions; trust land
The Secretary may—
(1)
acquire additional land for the benefit of the Tribe pursuant to section 5 of the Act of June 18, 1934 (48 Stat. 984, chapter 576;  25 U.S.C. 5108 ) (commonly known as the  Indian Reorganization Act ); and
(2)
take into trust, for the benefit of the Tribe, any land held in fee by the Tribe, if such lands are located within the boundaries of Kent and Ottawa Counties, Michigan.
(c)
Deadline for determination
The Secretary shall—
(1)
not later than 18 months after the date on which the Tribe submits a request for land to be taken into trust under subsection (a)(1), make a final written determination; and
(2)
immediately make that determination available to the Tribe.
(d)
Reservation status
Any land taken into trust for the benefit of the Tribe pursuant to this section shall, on request of the Tribe, be considered part of the reservation of the Tribe.