Page 403 TITLE 25—INDIANS § 1300j this title or any other provision of this sub- EFFECTIVE DATE OF 1992 AMENDMENT chapter as having effected a taking under the Amendment by Pub. L. 102–572 effective Oct. 29, 1992, fifth amendment of the United States Constitu- see section 911 of Pub. L. 102–572, set out as a note tion or as otherwise having provided inadequate under section 171 of Title 28, Judiciary and Judicial compensation shall be brought, pursuant to sec- Procedure. tion 1491 or 1505 of title 28, in the United States SUBCHAPTER LXXXI—POKAGON BAND OF Court of Federal Claims. The Yurok Transition POTAWATOMI INDIANS Team, or any individual thereon, shall not be named as a defendant or otherwise joined in any § 1300j. Findings suit in which a claim is made arising out of this subsection. The Congress finds the following: (1) The Pokagon Band of Potawatomi Indi- (b) Limitations on claims ans is the descendant of, and political succes- (1) Any such claim by any person or entity, sor to, the signatories of the Treaty of Green- other than the Hoopa Valley Tribe or the Yurok ville 1795 (7 Stat. 49); the Treaty of Grouseland Tribe, shall be forever barred if not brought 1805 (7 Stat. 91); the Treaty of Spring Wells within the later of 210 days from the date of the 1815 (7 Stat. 131); the Treaty of the Rapids of partition of the joint reservation as provided in the Miami of Lake Erie 1817 (7 Stat. 160); the section 1300i–1 of this title or 120 days after the Treaty of St. Mary’s 1818 (7 Stat. 185); the publication in the Federal Register of the option Treaty of Chicago 1821 (7 Stat. 218); the Treaty election date as required by section 1300i–5(a)(4) of the Mississinewa on the Wabash 1826 (7 Stat. of this title. 295); the Treaty of St. Joseph 1827 (7 Stat. 305); (2) Any such claim by the Hoopa Valley Tribe the Treaty of St. Joseph 1828 (7 Stat. 317); the shall be barred 180 days after October 31, 1988, or Treaty of Tippecanoe River 1832 (7 Stat. 399); such earlier date as may be established by the and the Treaty of Chicago 1833 (7 Stat. 431). adoption of a resolution waiving such claims (2) In the Treaty of Chicago 1833, the pursuant to section 1300i–1(a)(2) of this title. Pokagon Band of Potawatomi Indians was the (3) Any such claim by the Yurok Tribe shall be only band that negotiated a right to remain in barred 180 days after the general council meet- Michigan. The other Potawatomi bands relin- ing of the Yurok Tribe as provided in section quished all lands in Michigan and were re- 1300i–8 of this title or such earlier date as may quired to move to Kansas or Iowa. be established by the adoption of a resolution (3) Two of the Potawatomi bands later re- waiving such claims as provided in section turned to the Great Lakes area, the Forest 1300i–8(d)(2) of this title. County Potawatomi of Wisconsin and the Han- (c) Report to Congress nahville Indian Community of Michigan. (1) The Secretary shall prepare and submit to (4) The Hannahville Indian Community of the Congress a report describing the final deci- Michigan, the Forest County Potawatomi sion in any claim brought pursuant to sub- Community of Wisconsin, the Prairie Band of section (b) of this section against the United Potawatomi Indians of Kansas, and the Citizen States or its officers, agencies, or instrumental- Band Potawatomi Indian Tribe of Oklahoma, ities. whose members are also descendants of the (2) Such report shall be submitted no later signatories to one or more of the aforemen- than 180 days after the entry of final judgment tioned treaties, have been recognized by the in such litigation. The report shall include any Federal Government as Indian tribes eligible recommendations of the Secretary for action by to receive services from the Secretary of the Congress, including, but not limited to, any sup- Interior. plemental funding proposals necessary to imple- (5) Beginning in 1935, the Pokagon Band of ment the terms of this subchapter and any Potawatomi Indians petitioned for reorganiza- modifications to the resource and management tion and assistance pursuant to the Act of authorities established by this subchapter. Not- June 18, 1934 (25 U.S.C. 461 et seq., commonly withstanding the provisions of section 2517 of referred to as the ‘‘Indian Reorganization title 28, any judgment entered against the Act’’). Because of the financial condition of United States shall not be paid for 180 days after the Federal Government during the Great De- the entry of judgment; and, if the Secretary of pression it relied upon the State of Michigan the Interior submits a report to Congress pursu- to provide services to the Pokagon Band. ant to this section, then payment shall be made Other Potawatomi bands, including the Forest no earlier than 120 days after submission of the County Potawatomi and the Hannahville In- report. dian Community were provided services pursu- (Pub. L. 100–580, § 14, Oct. 31, 1988, 102 Stat. 2936; ant to the Indian Reorganization Act. Pub. L. 101–301, § 9(4), May 24, 1990, 104 Stat. 211; (6) Agents of the Federal Government in 1939 Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, made an administrative decision not to pro- 106 Stat. 4516.) vide services or extend the benefits of the In- dian Reorganization Act [25 U.S.C. 461 et seq.] AMENDMENTS to any Indian tribes in Michigan’s lower pe- 1992—Subsec. (a). Pub. L. 102–572 substituted ‘‘United ninsula. States Court of Federal Claims’’ for ‘‘United States (7) Tribes elsewhere, including the Hannah- Claims Court’’. ville Indian Community in Michigan’s upper 1990—Subsec. (a). Pub. L. 101–301 inserted at end ‘‘The Yurok Transition Team, or any individual thereon, peninsula, received services from the Federal shall not be named as a defendant or otherwise joined Government and were extended the benefits of in any suit in which a claim is made arising out of this the Indian Reorganization Act [25 U.S.C. 461 et subsection.’’ seq.]. § 1300j–1 TITLE 25—INDIANS Page 404

(8) The Pokagon Band of Potawatomi Indi- § 1300j–4. Constitution and governing body ans consists of at least 1,500 members who con- (a) Constitution tinue to reside close to their ancestral home- land in the St. Joseph River Valley in south- (1) Adoption western Michigan and northern Indiana. Not later than 24 months after September 21, (9) In spite of the denial of the right to orga- 1994, the Secretary shall conduct, by secret nize under the Indian Reorganization Act [25 ballot and in accordance with the provisions of U.S.C. 461 et seq.], the Pokagon Band has con- section 476 of this title, an election to adopt a tinued to carry out its governmental functions constitution and bylaws for the Band. through a Business Committee and Tribal (2) Interim governing documents Council from treaty times until today. (10) The United States Government, the gov- Until such time as a new constitution is ernment of the State of Michigan, and local adopted under paragraph (1), the governing governments have had continuous dealings documents in effect on September 21, 1994, with the recognized political leaders of the shall be the interim governing documents for Band from 1795 until the present. the Band. (Pub. L. 103–323, § 1, Sept. 21, 1994, 108 Stat. 2152.) (b) Officials (1) Election REFERENCES IN TEXT Not later than 6 months after the Band The Indian Reorganization Act, referred to in pars. (5) to (7) and (9), is act June 18, 1934, ch. 576, 48 Stat. 984, adopts a constitution and bylaws pursuant to as amended, which is classified generally to subchapter subsection (a) of this section, the Secretary V (§ 461 et seq.) of this chapter. For complete classifica- shall conduct elections by secret ballot for the tion of this Act to the Code, see Short Title note set purpose of electing officials for the Band as out under section 461 of this title and Tables. provided in the Band’s constitution. The elec- tion shall be conducted according to the proce- § 1300j–1. Federal recognition dures described in subsection (a) of this sec- Federal recognition of the Pokagon Band of tion, except to the extent that such procedures Potawatomi Indians is hereby affirmed. Except conflict with the Band’s constitution. as otherwise provided in this subchapter, all (2) Interim government Federal laws of general application to Indians and Indian tribes, including the Act of June 18, Until such time as the Band elects new offi- 1934 (25 U.S.C. 461 et seq.; commonly referred to cials pursuant to paragraph (1), the Band’s as the ‘‘Indian Reorganization Act’’), shall apply governing body shall be the governing body in with respect to the Band and its members. place on September 21, 1994, or any new gov- erning body selected under the election proce- (Pub. L. 103–323, § 2, Sept. 21, 1994, 108 Stat. 2153.) dures specified in the interim governing docu- REFERENCES IN TEXT ments of the Band. The Indian Reorganization Act, referred to in text, is (Pub. L. 103–323, § 5, Sept. 21, 1994, 108 Stat. 2154.) act June 18, 1934, ch. 576, 48 Stat. 984, as amended, which is classified generally to subchapter V (§ 461 et § 1300j–5. Tribal lands seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under sec- The Band’s tribal land shall consist of all real tion 461 of this title and Tables. property, including the land upon which the Tribal Hall is situated, now or on and after Sep- § 1300j–2. Services tember 21, 1994, held by, or in trust for, the Band. The Secretary shall acquire real property Notwithstanding any other provision of law, for the Band. Any such real property shall be the Band and its members shall be eligible, on taken by the Secretary in the name of the and after September 21, 1994, for all Federal United States in trust for the benefit of the services and benefits furnished to federally rec- Band and shall become part of the Band’s res- ognized Indian tribes without regard to the ex- ervation. istence of a reservation for the Band or the loca- tion of the residence of any member on or near (Pub. L. 103–323, § 6, Sept. 21, 1994, 108 Stat. 2154.) an Indian reservation. § 1300j–6. Service area (Pub. L. 103–323, § 3, Sept. 21, 1994, 108 Stat. 2153.) The Band’s service area shall consist of the § 1300j–3. Tribal membership Michigan counties of Allegan, Berrien, Van Not later than 18 months after September 21, Buren, and Cass and the Indiana counties of La 1994, the Band shall submit to the Secretary Porte, St. Joseph, Elkhart, Starke, Marshall, membership rolls consisting of all individuals and Kosciusko. eligible for membership in such Band. The quali- (Pub. L. 103–323, § 7, Sept. 21, 1994, 108 Stat. 2154.) fications for inclusion on the membership rolls of the Band shall be determined by the member- § 1300j–7. Jurisdiction ship clauses in the Band’s governing documents, The Band shall have jurisdiction to the full ex- in consultation with the Secretary. Upon com- tent allowed by law over all lands taken into pletion of the rolls, the Secretary shall imme- trust for the benefit of the Band by the Sec- diately publish notice of such in the Federal retary. The Band shall exercise jurisdiction over Register. The Bands shall ensure that such rolls all its members who reside within the service are maintained and kept current. area in matters pursuant to the Indian Child (Pub. L. 103–323, § 4, Sept. 21, 1994, 108 Stat. 2153.) Welfare Act of 1978 (25 U.S.C. 1901 et seq.), as if Page 405 TITLE 25—INDIANS § 1300k the members were residing upon a reservation as (2) the term ‘‘member’’ means those individ- defined in that Act. uals eligible for enrollment in the Band pursu- ant to section 1300j–3 of this title; and (Pub. L. 103–323, § 8, Sept. 21, 1994, 108 Stat. 2154.) (3) the term ‘‘Secretary’’ means the Sec- REFERENCES IN TEXT retary of the Interior. The Indian Child Welfare Act of 1978, referred to in (Pub. L. 103–323, § 10, formerly § 9, Sept. 21, 1994, text, is Pub. L. 95–608, Nov. 8, 1978, 92 Stat. 3069, as 108 Stat. 2155; renumbered § 10, Pub. L. 103–435, amended, which is classified principally to chapter 21 § 20(1), Nov. 2, 1994, 108 Stat. 4574.) (§ 1901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out SUBCHAPTER LXXXII—LITTLE TRAVERSE under section 1901 of this title and Tables. BAY BANDS OF ODAWA INDIANS; LITTLE § 1300j–7a. Membership list RIVER BAND OF OTTAWA INDIANS (a) List of members as of September 1994 § 1300k. Findings Not later than 120 days after September 21, Congress finds the following: 1994, the Band shall submit to the Secretary a (1) The Little Traverse Bay Bands of Odawa list of all individuals who, as of September 21, Indians and the Little River Band of Ottawa 1994, were members of the Band. Indians are descendants of, and political suc- (b) List of individuals eligible for membership cessors to, signatories of the 1836 Treaty of (1) In general Washington and the 1855 Treaty of Detroit. (2) The Grand Traverse Band of Ottawa and Not later than 18 months after September 21, Chippewa Indians, the Sault Ste. Marie Tribe 1994, the Band shall submit to the Secretary a of Chippewa Indians, and the Bay Mills Band membership roll that contains the names of of Chippewa Indians, whose members are also all individuals eligible for membership in the descendants of the signatories to the 1836 Band. The Band, in consultation with the Sec- Treaty of Washington and the 1855 Treaty of retary, shall determine whether an individual Detroit, have been recognized by the Federal is eligible for membership in the Band on the Government as distinct Indian tribes. basis of provisions in the governing documents (3) The Little Traverse Bay Bands of Odawa of the Band that determine the qualifications Indians consists of at least 1,000 eligible mem- for inclusion in the membership roll of the bers who continue to reside close to their an- Band. cestral homeland as recognized in the Little (2) Publication of notice Traverse Reservation in the 1836 Treaty of At such time as the roll has been submitted Washington and 1855 Treaty of Detroit, which to the Secretary, the Secretary shall imme- area is now known as Emmet and Charlevoix diately publish in the Federal Register a no- Counties, Michigan. tice of such roll. (4) The Little River Band of Ottawa Indians consists of at least 500 eligible members who (3) Maintenance of roll continue to reside close to their ancestral The Band shall ensure that the roll is main- homeland as recognized in the Manistee Res- tained and kept current. ervation in the 1836 Treaty of Washington and (Pub. L. 103–323, § 9, as added Pub. L. 103–435, reservation in the 1855 Treaty of Detroit, § 20(2), Nov. 2, 1994, 108 Stat. 4574; amended Pub. which area is now known as Manistee and L. 104–109, § 1, Feb. 12, 1996, 110 Stat. 763.) Mason Counties, Michigan. (5) The Bands filed for reorganization of PRIOR PROVISIONS their existing tribal governments in 1935 under A prior section 9 of Pub. L. 103–323 was renumbered the Act of June 18, 1934 (25 U.S.C. 461 et seq.; section 10 and is classified to section 1300j–8 of this commonly referred to as the ‘‘Indian Reorga- title. nization Act’’). Federal agents who visited the AMENDMENTS Bands, including Commissioner of Indian Af- fairs, John Collier, attested to the continued 1996—Subsec. (a). Pub. L. 104–109, § 1(1), (2), sub- stituted ‘‘Band’’ for ‘‘Bands’’ in two places and struck social and political existence of the Bands and out ‘‘respective’’ after ‘‘members of the’’. concluded that the Bands were eligible for re- Subsec. (b)(1). Pub. L. 104–109, § 1(1), (3)(A), sub- organization. Due to a lack of Federal appro- stituted ‘‘Band shall submit’’ for ‘‘Bands shall submit’’, priations to implement the provisions of such ‘‘a membership roll that contains’’ for ‘‘membership Act, the Bands were denied the opportunity to rolls that contain’’, ‘‘membership in the Band’’ for reorganize. ‘‘membership in such Bands’’, and ‘‘The Band’’ for (6) In spite of such denial, the Bands con- ‘‘Each such Band’’. tinued their political and social existence with Subsec. (b)(2). Pub. L. 104–109, § 1(3)(B), substituted viable tribal governments. The Bands, along ‘‘roll has’’ for ‘‘rolls have’’ and ‘‘such roll’’ for ‘‘such rolls’’. with other Michigan Odawa/Ottawa groups, in- Subsec. (b)(3). Pub. L. 104–109, § 1(1), (3)(C), (D), sub- cluding the tribes described in paragraph (2), stituted ‘‘roll’’ for ‘‘rolls’’ in heading and substituted formed the Northern Michigan Ottawa Asso- ‘‘Band shall ensure that the roll is maintained’’ for ciation in 1948. The Association subsequently ‘‘Bands shall ensure that the rolls are maintained’’ in pursued a successful land claim with the In- text. dian Claims Commission. (7) Between 1948 and 1975, the Bands carried § 1300j–8. Definitions out many of their governmental functions For purposes of this subchapter— through the Northern Michigan Ottawa Asso- (1) the term ‘‘Band’’ means the Pokagon ciation, while retaining individual Band con- Band of Potawatomi Indians; trol over local decisions.