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U.S. Code as of:
01/19/04
Section 1300k. Findings
Congress finds the following:
(1) The Little Traverse Bay Bands of Odawa Indians and the
Little River Band of Ottawa Indians are descendants of, and
political successors to, signatories of the 1836 Treaty of
Washington and the 1855 Treaty of Detroit.
(2) The Grand Traverse Band of Ottawa and Chippewa Indians, the
Sault Ste. Marie Tribe of Chippewa Indians, and the Bay Mills
Band of Chippewa Indians, whose members are also descendants of
the signatories to the 1836 Treaty of Washington and the 1855
Treaty of Detroit, have been recognized by the Federal Government
as distinct Indian tribes.
(3) The Little Traverse Bay Bands of Odawa Indians consists of
at least 1,000 eligible members who continue to reside close to
their ancestral homeland as recognized in the Little Traverse
Reservation in the 1836 Treaty of Washington and 1855 Treaty of
Detroit, which area is now known as Emmet and Charlevoix
Counties, Michigan.
(4) The Little River Band of Ottawa Indians consists of at
least 500 eligible members who continue to reside close to their
ancestral homeland as recognized in the Manistee Reservation in
the 1836 Treaty of Washington and reservation in the 1855 Treaty
of Detroit, which area is now known as Manistee and Mason
Counties, Michigan.
(5) The Bands filed for reorganization of their 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 Bands, including
Commissioner of Indian Affairs, John Collier, attested to the
continued social and political existence of the Bands and
concluded that the Bands were eligible for reorganization. Due to
a lack of Federal appropriations to implement the provisions of
such Act, the Bands were denied the opportunity to reorganize.
(6) In spite of such denial, the Bands continued their
political and social existence with viable tribal governments.
The Bands, along with other Michigan Odawa/Ottawa groups,
including the tribes described in paragraph (2), formed the
Northern Michigan Ottawa Association in 1948. The Association
subsequently pursued a successful land claim with the Indian
Claims Commission.
(7) Between 1948 and 1975, the Bands carried out many of their
governmental functions through the Northern Michigan Ottawa
Association, while retaining individual Band control over local
decisions.
(8) In 1975, the Northern Michigan Ottawa Association
petitioned under the Act of June 18, 1934 (25 U.S.C. 461 et seq.;
commonly referred to as the "Indian Reorganization Act"), to form
a government on behalf of the Bands. Again in spite of the Bands'
eligibility, the Bureau of Indian Affairs failed to act on their
request.
(9) 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 Bands from 1836 to
the present.
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