119-s2160

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2160 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2160

 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.

_______________________________________________________________________

 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.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Grand River Bands of Ottawa Indians 
Restoration Act of 2025''.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.
 <all>