Ask the Scholar

{
    "localId": "1103421",
    "label": "Potawatomi Band",
    "core": "doc",
    "dtoType": "document",
    "citationUrl": "https://catalog.archives.gov/id/1103421"
}

{
    "id": "1103421",
    "sourceUrl": "https://catalog.archives.gov/id/1103421",
    "contentType": "document",
    "title": "Potawatomi Band",
    "citationUrl": "https://catalog.archives.gov/id/1103421",
    "collections": [
        "Bradley H. Patterson Files (Ford Administration)",
        "Bradley Patterson's Native American Programs Files"
    ],
    "subjects": [
        "Indians of North America"
    ],
    "iiifBase": "https://s3.amazonaws.com/NARAprodstorage/opastorage/live/21/1034/1103421/content/library/document/0142/1103421.pdf",
    "thumbnailUrl": "https://s3.amazonaws.com/NARAprodstorage/opastorage/live/21/1034/1103421/content/library/document/0142/1103421.pdf",
    "largeImageUrl": "https://s3.amazonaws.com/NARAprodstorage/opastorage/live/21/1034/1103421/content/library/document/0142/1103421.pdf",
    "imageCount": 1,
    "hasImages": true,
    "source": "import",
    "hasTranscription": false
}

{
    "url": "https://catalog.archives.gov/id/1103421",
    "naId": 1103421,
    "coverageEndDate": {
        "logicalDate": "1976-09-01",
        "month": 9,
        "year": 1976
    },
    "coverageStartDate": {
        "logicalDate": "1976-07-01",
        "month": 7,
        "year": 1976
    },
    "levelOfDescription": "fileUnit",
    "recordType": "description",
    "ocrSource": "nara-archive"
}

{
    "seq": 1,
    "pageIndex": 0,
    "type": "document",
    "url": "https://s3.amazonaws.com/NARAprodstorage/opastorage/live/21/1034/1103421/content/library/document/0142/1103421.pdf",
    "mediaId": "f2754160e312b6b1",
    "ocrText": "The original documents are located in Box 5, folder \"Potawatomi Band\" of the Bradley H.\nPatterson Files at the Gerald R. Ford Presidential Library.\nCopyright Notice\nThe copyright law of the United States (Title 17, United States Code) governs the making of\nphotocopies or other reproductions of copyrighted material. Gerald Ford donated to the United\nStates of America his copyrights in all of his unpublished writings in National Archives collections.\nWorks prepared by U.S. Government employees as part of their official duties are in the public\ndomain. The copyrights to materials written by other individuals or organizations are presumed to\nremain with them. If you think any of the information displayed in the PDF is subject to a valid\ncopyright claim, please contact the Gerald R. Ford Presidential Library.\nDigitized from Box 5 of the Bradley H. Patterson Files at the Gerald R. Ford Presidential Library\nSeptember 13, 1976\nDear Mr. Mackety:\nThe President has asked me to thank you for your\nletter to him of July 21, 1976, which you personally\ndelivered to me at our meeting August 25.\nI have checked carefully here at the White House\nand find that it is the President's preference to have\nthe Secretary go ahead with his present plan to identify\nand set forth standards and procedures for recogni-\ntion of Indian tribes -- a plan which means that all\nthe pending applications for recognition would be de-\nferred for a short time longer until those standards\nand procedures have been clarified.\nI have checked with Interior, and find that this work\nis nearing completion.\nI think the Huron Potawatomi tribe will find these\nnew standards reasonable and I will help ensure\nthat you get a prompt answer to your basic inquiry.\nIt was a genuine pleasure for me to have met you and\nyour associates and I want to keep open the doors of\ncommunication which our meetings began.\nSincerely yours,\nFORD LIBRARY & GERALD\nBradley H. Patterson, Jr.\nMr. David Mackety, President\nR.R. #1\nFulton, Michigan 49052\nBHP:msp\n5C James P. Hillman, Director\nMichigan Commission on Indian Affairs\nRobert J. Horn, Special Asst. to Governor Milliken\nBC: Mr. Borgstrom, OMB\nLes Gay, Bureau of Indian Affairs\nReid Chambers, Dept. of Interior, Office of the Secretary\nOF THE\nPRESIDENT\nEXECUTIVE OFFICE OF THE PRESIDENT\nUNITED\nOFFICE OF MANAGEMENT AND BUDGET\nFEUTIVE\nSTATES\nWASHINGTON, D.C. 20503\nSEP 7 1976\nMEMORANDUM FOR MR. BRAD PATTERSON\nFROM:\nJames L. Mitchel\nSUBJECT:\nCorrespondence with the Huron Potawatomi Band\non Tribal Recognition.\nWe agree with the general approach outlined in the draft\nletter you sent to my office but would recommend two\nchanges:\n- The time frame of \"a few weeks\" should be\nrestated as \"a short time\".\nFORD\n- The third paragraph should read:\n\"I have checked with Interior and\nfind that this work is nearing\ncompletion.\"\nThe two reasons for these changes are\n(1) We do not believe that this matter is exclusively\none of legal interpretation and feel that the\ninstrument for the statement of any new policy\nin this area should not be a Solicitor's Opinion,\nthough such an opinion is obviously needed to\nsuggest the boundaries for policy discretion.\n(2) We believe that this issue warrants full considera-\ntion not only by the Interior Department but by\nthe White House, OMB, and HEW.\nObviously any policy initiatives in the area of recogni-\ntion of additional Indian tribes could have substantial\nbudgetary implications, hence our concern that we and\nother affected parties within the Executive Branch\nreview such a set of criteria before they are issued.\nAttachments\nPRESIDENT\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE\nUNITED\nOFFICE OF MANAGEMENT AND BUDGET\nSTATE\nWASHINGTON, D.C. 20503\nSEP 7 1976\nMEMORANDUM FOR MR. BRAD PATTERSON\nFROM:\nJames L. Mitchell /s/ James L. Mitchell\nSUBJECT:\nCorrespondence with the Huron Potawatomi Band\non Tribal Recognition.\nWe agree with the general approach outlined in the draft\nletter you sent to my office but would recommend two\nchanges:\n- The time frame of \"a few weeks\" should be\nrestated as \"a short time\".\n- The third paragraph should read:\n\"I have checked with Interior and\nfind that this work is nearing\ncompletion.\"\nThe two reasons for these changes are\n(1) We do not believe that this matter is exclusively\none of legal interpretation and feel that the\ninstrument for the statement of any new policy\nin this area should not be a Solicitor's Opinion,\nthough such an opinion is obviously needed to\nsuggest the boundaries for policy discretion.\n(2) We believe that this issue warrants full considera-\ntion not only by the Interior Department but by\nthe White House, OMB, and HEW.\nObviously any policy initiatives in the area of recogni-\ntion of additional Indian tribes could have substantial\nbudgetary implications, hence our concern that we and\nother affected parties within the Executive Branch\nreview such a set of criteria before they are issued.\nAttachments\nWILLIAM G. MILLIXEN\nGovernor\nTHE\nROBERT J. HORN\nSpecial Assistant to the Governor\nSTATE OF MICHIGAN-WASHINGTON OFFICE\n1150 17th St., N.W., Suite 609 Washington, D.C. 20036\nPhone: (202) 872-8550\n1\nSTATE OF MICHIGAN\nCOMMISSION ON\nCOMMISSION MEMBERS\nINDIAN AFFAIRS\nJohn Lufkins, Chairman\nBaker Olin-West\nPhilip Alexis, Vice-Chairman\nDoris Adams, Secretary\nSE, FI. 2\nLester Gemmill\n3423 N. Logan Street\nMaurice LeBlanc\nWILLIAM G. MILLIKEN, Governor\nLansing, Michigan 48914\nViola Peterson\nKay Campos Shagonaby\nDEPARTMENT OF MANAGEMENT AND BUDGET\nPhone 517/373-0654\nArnold Sowmick\nGERALD H. MILLER, Director\nJames R. Hillman, Director\nAugust 30, 1976\nMr. Brad Patterson\nSpecial Assistant\nOld Executive Office Building\nGERALD FORD CTARAR,\n15th Street and Pennsylvania Avenue\nWashington, D. C. 20202\nDear Mr. Patterson:\nOn behalf of Viola Peterson, Louise Reznik, Dave Mackety and myself, I would\nlike to thank the President for assigning you to meet with us.\nThe purpose of this letter is to capsulize the important issues of the case\nwe presented to you regarding Federal recognition of the Huron Potawatomi\nBand of Indians residing in Calhoun County Michigan.\nIn 1971 the Band first requested federal recognition and received acknowledgment\nfrom the Bureau of Indian Affairs on May 12th. In early 1972 the Tribe having\nnot heard further on their request sent another request, this time accompanied\nby a resolution by the Tribe. This was also responded to by a letter from the\nBureau of Indian Affairs. In 1973 yet another request and resolution was sent\nto the BIA by the Tribe.\nAccording to Bureau of Indian Affairs staff person at our meeting, Lester Gay,\nthe Bureau had decided to grant federal recognition to the Tribe and was\nproceeding accordingly when in March of 1974 a letter from an obscure Bureau\nofficial raised questions which had long since been answered by the Tribe.\nThe result of these questions, however, served to delay the approval of federal\nrecognition until the Bureau was instructed to no longer recognize Indian Tribes.\nDuring this time, the Bureau of Indian Affairs, responding to pressure exerted by\nlarger more sophisticated applicants recognized another Tribe in Michigan whose\napplication was not as complete as the Huron-Potawatomi.\nSince the Huron Potawatomi are the only part of the Potawatomi Tribe which has\nnot been federally recognized, and since in 1934 they were not given the\nopportunity to vote on accepting or rejecting the Reorganization Act, this\nBand of Potawatomi has a legitimate claim to recognition that many tribes do not.\nFrom the beginning to the end, the time-consuming delays being brought about\nby the Bureau of Indian Affairs has cost the Tribe many services which would\nhave been otherwise available to them.\nMICHIGAN\nTHE\nGREAT\nLAKE\nSTATE\nMr. Brad Patterson\nPage 2\nAugust 30, 1976\nAt present less than 100 people live on the 120 acres of state reservation\nlands in Calhoun County. The estimated cost to the federal government during\nthe first three years of recognition to assist this Tribe would be $125,000\nper year.\nThe state of Michigan has not provided any services to this reservation,\nindeed has insisted that the Federal Government has the responsibility to\nassist the Tribes in Michigan.\nThus, while all the delays were occuring (5 years to date) on the Huron-\nPotawatomi request for recognition, the Tribe was not receiving any services\nwhatsoever.\nWe request that the President, in light of his previous support for recognition\nof this Band, will realize the unusual injustice being done here to the\nHuron Potawatomi and will issue an executive order to recognize the Huron Band of\nPotawatomi and instruct the Bureau to begin negotiations with them without delay.\nThank you for all your assistance and time during our recent meeting.\nSincerely,\nMICHIGAN COMMISSION ON INDIAN AFFAIRS\nJames James R. Hillman, R. Hillua Director\nLIBRARY BRAR\nTHE WHITE HOUSE\nWASHINGTON\nAugust 26\nJim Mitchell -\nI have composed this letter\nwith the help of Reid Chambers at\nInterior, who says the draft Opinion\nGERALD\nof the Solicitor is almost ready. It\nwill conclude that \"recognition\" in the\nabstract should be avoided, but rather\nthat in each case the individual factual\nsituation should be examined: land, treaties\ntribal organization, history, etc and\nthe question raised: recognition for\nwhat -- for services, for trust respon-\nsibility to lands, what specificially?\nThen the factual situation would be\nmatched with the individual request ad\nhoc. The issue right here is whether\nthe fact that GRF as a Congressman who\nsup orted recognition warrants making\na special exception to the general\nproc ess just because GRF is now\nPresident.\nI think not -- but may check\nwith Connor.\nYour OK solicited on this draft\n-\nPlease return the whole file.\nBrad\nFORD LIBRARY & DERALD\nDear Mr. Mackety,\nThe President has asked me to thankyou for your letter\nto him of July 21, 1976, which you personally delivered to me\nat our meeting August 25.\nI ha ve checked carefully here at the White Hous e and\nfind that it is the President's preference to have the\nSecretary go ahead with his present plan to identify and set\nforth standards and proc edures for recognition of Indian tribes-\na plan which means that all the pending applications for\nrecognition would be ferred for a few weeks longer until\nthose sbandards and procedures have been clarified.\n&\nI have checked with Interior, and find that this work\nis almost complete; an Opinion of the Solicitor is in\nits final stages.\nI think the Huron Potawatomi tribe will find these\nnew standards reasonable and I will help ensure that you get\na prompt answer to your basic inquiry.\nIt was a genuine pleasure for me to have met you\nand your associates and I want to keep open the doors of\ncommunication which our meeting began.\nSincerely yours,\nBHPjr\nFORD LIBRARY & GERALD\nHURON POTAWATOMI\nATHENS INDIAN\nESERVATION\nFULTON MIO\n9052\nJuly 21, 1976\nHonorable Gerald R. Ford\nPresident of the United States\nThe White House\nWashington, D.C. 20515\nHonorable Sir:\nThe Huron Band of Potawatomi Indians, formally requested\nFederal recognition in March of 1972. In response to that recogni-\ntion request, the Department of Interior, Bureau of Indian Affairs\npromised a decision on the matter within a short period of time.\nThey advised us to petition and to do certain other requirements,\nand although all those have been accomplished, to date there has been\nno decision.\nIn addition, two other requests, those of the Wisconsin\nMenominees and the \"Soo\" Chippewas have been granted in the interim.\nWe consider our position as viable, if not more so, than their cases.\nConsequently, we justifiably feel discriminated against. We feel\nthat the policy is at least inconsistent with the stated high ideals\nof your administration. We noted with interest your meeting of the\nweek of July 12, 1976 with various Indian representatives and trust\nthat that spirit of reconciliation will assist in our case too.\nSince March of 1972 the knowledge of our efforts for recogni-\ntion is increasing and many have actively supported our efforts.\nFor your information we have enclosed a copy of recent letters\nfrom Governor Milliken, the Regional Area Director of the Bureau of\nIndian Affairs in Minneapolis, Minnesota, and a resolution reflect-\ning the attitude of Kalamazoo County and City. Additionally, we\nhave been in touch with Senators Griffin and Hart and Congressman\nGary Brown and they have responded with some offer of assistance.\nHonorable Gerald R. Ford\nPresident of the United States\n-2-\nJuly 21, 1976\nFinally, we have enclosed a copy of a letter from you, Mr. President,\nwhen as Congressman in 1973 you extended us your support on the\nsame issue.\nIn the bicentennial observance of this republic, the place in\nwhich the native American holds its history is very obscured. The\ncomplexities which have brought this about are not some of the\nbrightest chapters in American history. To reverse those incidents\nforthright affirmative action is needed wherever any inequity is\npresented for redress. Furthermore, the history of the native\nAmerican is replete recently with instances where the radical ele-\nment assumes the initiative to achieve goals in the face of con-\ntinued attitude of the government of ignoring the problem and\naloofness of the situation. On the other hand, we, of the Huron\nPotawatomi Band find much merit in the espousal of Christian\nprinciples that the leaders and statesmen of both races profess to\nbe their guidelines. It is our hope that our initiative in this\nmatter should not be further ignored and the \"still small voice\"\nbe left unheeded.\nSince our requests by petition, personal meetings with Mr.\nMorris Thompson, National Director of the Bureau of Indian Affairs,\nand initiatives with our representatives in Washington have come to\nno avail, we call upon you as President of all of the people in\nthese United States to use your influence and executive powers on\nour behalf. We, of course, cannot say just what procedure to\nrequest, but whether it be by executive order, Presidential proclama-\ntion, or personal urging of the Department of Interior, we urgently\nand respectfully request your assistance.\nMost sincerely yours,\nHURON POTAWATOMI BAND INC.\nDavid mackety\nDavid Mackety\nPresident\nR. R. # 1\nFulton, Michigan 49052\nCC: Honorable William G. Milliken\nSenator Robert Griffin\nSenator Philip Hart\nCongressman Gary Brown\nCongressman Richard Vanderveen\nBureau of Indian Affairs, Area Director\nMr. James Hillman, Michigan Indian Commission\nSTATE OF MICHIGAN\nOFFICE OF THE GOVERNOR\nLANSING\nMay 13, 1976\nWILLIAM G. MILLIKEN\nGOVERNOR\nDave Mackety, Chairman\nHuron-Potawatomi, Inc.\nRoute #1\nFulton, Michigan 49052\nDear Mr. Mackety:\nIt has been brought to my attention that you met recently with\nMr. Jonathan Cain of my office, Mr. John Pirich of the Attorney\nGeneral's office, and representatives of the Indian Affairs\nCommission.\nI further understand that efforts you have made to obtain federal\nrecognition and Tribal status for the Huron-Potawatomi have been\nunsuccessful. As I have indicated in previous correspondence, 1\nam in support of your effort.\nI have asked the Staff Director of the Indian Affairs Commission\nto work with you in documenting your previous efforts in this\nmatter so that we will be in the best position to assist you\nFURO\nthrough my office.\nWhen the necessary background material is made available,\nappropriate contacts will be made in Washington to expedite this\nlong overdue action.\nKind personal regards.\nSincerely,\nWilliam S. Inilliken\nGovernor\n1.L\nTribal Operations\nFEB 10 1976\nMemorandum\nTo:\nCommissioner of Indian Affairs\nAtta: Tribal Government Services\nFrom:\nOffice of the Area Director\nSubject: Petition for Federal Recognition by Huron Potawatomi Band\nWe are enclosing for your ready reference the following documents:\n1. Great Lakes Agency memorandum dated February 6, 1976, with\nenclosures.\n2. Letter from David Mackety, Maron Potawatomi Band dated November\n17, 1975, with enclosed letter to Commissioner of Indian Affairs\nand petition signed by members of the Huron Potavatomi Band.\n3. Letter from the Governor, State of Michigan dated April 12, 1973.\n4. Letter from the Secretary to Governer of State of Michigan\ndated July 10, 1973.\n5. Bureau of Indian Affairs press release dated February 25, 1974.\n6. Letter from the Attorney General, State of Michigan dated April\n1, 1974.\nWe concur with the Swperintendent of the Great Lakes Agency and\nrecommend that the Huron Band be given federal recognition and\nauthority to organize. We understand that there are other so-called\natate reservations, whereby the Indian land is held in trust by the\nstate, who are receiving Bureau of Indian Affairs services. We\nstrongly urge and recommend that the Hurea Potavatemi Band members\nresiding on the reservation be considered for Bureau services.\n(Sgd.) George V. Goodwin\nArea Director\nce:\nGreat Lakes Agency\nField Solicitor\nDavid Mackety\nMICHIGAN OFFICE:\nGERALD R. FORD\n425 CHERRY STREET SE.\nFIFTH DISTRICT, MICHIGAN\nGRAND RAPIDS\nZIP 49502\nCongress of the United States\nOffice of the Minority Leader\nHouse of Representatives\nMashington, D.C. 20515\nJanuary 18, 1973\nMr. David Mackety\nR #1\nFulton, Michigan\nDear Mr. Mackety,\nI have forwarded your complete letter to the Secretary of the Interior\nRogers C.B. Morton with the recommendation that he give it favorable\nconsideration.\nI will notify you as soon as word is sent back from the Secretary as\nto the status of the request you submitted. I sincerely hope that it\nis granted. I appreciate hearing from you on this problem and hope\nthat your correspondence will continue.\nWarmest personal regards. Ful\nSincerely\nGerald Jany R. Ford\nFORD LIBRARY\nGRF:jz\nRESOLUTION\nWHEREAS, the Huron Band of the Potawatomi Indians, located\nin Calhoun County, Michigan, has requested of the United\nStates Department of Interior federal recognition and transfer\nof lands located in Calhoun County, Michigan, and held in\ntrust for the Huron Band of the Potawatomi Indians by the\nGovernor of Michigan; and\nWHEREAS, the Governor of Michigan, the Honorable William G.\nMilliken, has expressed his willingness to expedite such\ntransfer if it is determined to be in the best interest of\nthe Huron Potawatomi Indian people; and\nWHEREAS, the Office of the Attorney General of the State of\nMichigan has expressed on behalf of the State of Michigan\nsupport for the promotion of federal recognition of the Huron\nPotawatomi Indian people; and\nWHEREAS, the City of Kalamazoo has expressed its support,\npromoting federal recognition of the Huron Potawatomi Indian\npeople; and\nWHEREAS, the request of the Huron Band of the Potawatomi\nIndians for such federal recognition and transfer of lands\nhas not been acted upon;\nNOW, THEREFORE, BE IT RESOLVED, that the County of Kalamazoo\ndoes hereby join with the State of Michigan in supporting in\nprinciple the expeditious consideration of the request of\nthe Huron Band of the Potawatomi Indians and in promotion\nrecognition of said Band.\nBERALD LISEARY FORD\nI, PHILIP HASSING, Clerk of the Circuit Court for the County of Kala-\nSTATE OF MICHIGAN,\nmazoo, DO HEREBY CERTIFY that the above and foregoing is a true and correct\nss.\nCounty of Kalamasoo,\ncopy of\nResolution adopted by the Board of\nCommissioners at its meeting on June 15, 1976.\nas appears of Record in my office. That I have compared the same with the\noriginal, and it is a true transcript therefrom, and of the whole thereof.\nIN TESTIMONY WHEREOF, I have hereunto set my hand and affixed\n17th\nthe Seal of said Court at Kalamasoo, this\nday of\nJune\nA. D. 1976\nPhilip By Hassing\nCounty Clerk\nDeputy Clerk\nUnited States Department of the Interior\nBUREAU OF INDIAN AFFAIRS\nWASHINGTON. D.C. 20212\n5/15/74\nREPLY REFER TO:\nMoratonium\nMr. David Mackety\nPresident, Huron Potawatomi Band\nMAR 15 1974\nRoute 1\nFulton, Michigan 48505\nDear Mr. Mackety:\nI enjoyed very much our opportunity to get acquainted and\ndo believe that we had a worthwhile exchange of information\nconcerning the interests of the Huron Potawatomi Band of\nIndians seeking Federal recognition and obtaining the\nspecial services of the Bureau of Indian Affairs.\nWe agreed that I would send you a letter outlining the\nservices that would probably be available from the BIA\nwere the Huron Potawatomi Band of Indians to be Federally\nrecognized and the reservation to become a Federal reser-\nvation held in trust by the Secretary of the Interior.\nThe following is a list of these BIA services.\n1. Revenue sharing\n2. Scholarships\n3. Johnson-O'Malley funds\nGERAED\n4. Adult vocational training\n5. Direct employment assistance - transportation to the\nsite of a position and subsistence until one's first\npaycheck\n6. Realty services\n7. Road services\n8. Law and order - Michigan does not service Federal Indian\nreservations\n9. Housing rssistance through HUD and home improvement\n10. Tribal government services\n11. Forestry\n12. Social services\nMAO\n2\nBefore deciding if they want to come under Federal super-\nvision, the members of the Band should have specific\ninformation on services -- the amount, who would be eligible\nand how the services would be provided. As I mentioned to\nyou, it would be unfortunate if there were disappointments\ndue to unwarranted expectation of services from BIA. I\npointed out to you that BIA, as a general policy, only\nprovides services to those Indians residing on or near\nFederally recognized reservations. Enrolled members of the\nBand living away from the reservation should not expect to\nreceive services. In order to get a better understanding\nof this question of services, I think it would be verv\nworthwhile for you to invite Superintendent Reginald Miller\nof the Great Lakes Agency in Ashland, Wisconsin, to meet\nwith your members on this subject.\nAfter the members of the Band have carefully considered\nwhat they night lose and gain from a transfer of the\nreservation from State to Federal status, I would like to\nhave an expression of opinion by the membership. This\nmight be done by a referendur vote, by a petition or a\nmass meeting of the members adopting a resolution.\nIn our discussions I pointed out that the procedures for\nFederal recognition will involve the State of Michigan,\nthe BIA, the Interior Department Colicitor's office and\npossibly the Congress. The first step, however, is up to\nthe members of the Band.\nAs you have requested, I am sending a copy of this letter\nto Governor Milliken.\nSincerely yours,\n(Sgd) Morris Thompson\nCommissioner of Indian Affairs\ncc: Governor Milliken\nMr. Elliott S. Pamp, V.P., Huron Potawatomi Band\nMinneapolis ARea Director\nSuperintendent, Great Lakes Agency\nOF INTERIOR\nUnited States Department of the Interior\nBureen of Indian Affairs\nRECEIVED\nBUREAU OF INDIAN AFFAIRS\nMarch 1849\nGreat Lakes Agency\nFEB09 1976\nAshland, Wisconsin\nIN REPLY REFER TO:\n54806\nTribal Operations\n076.0 Huron Pot.\nFebruary 6, 1976\nMemorandum\nTo:\nArea Director, Minneapolis Area\nAttn: Tribal Operations Officer\nFrom:\nActing Superintendent\nSubject:\nPetition for Federal Recognition by Huron Potawatomi Band\nWe are sorry for the long delay in answering your memorandum of November 24,\n1975, concerning the above subject. We were disappointed when we received\na copy of the memorandum dated December 18, 1975, from the Chief, Branch of\nTribal Operations to Mr. David Mackety. This memorandum discouraged us in\nmaking any sort of recommendation toward the tribe's reorganization, however,\nwe believe it is our responsibility to make a recommendation.\nWe have reviewed past correspondence on this matter, some of which is\nattached, and have concluded that this particular band of Huron Potawatomies\nhas bee n desparately trying to seek federal recognition for several years in\norder to avail themselves of Bureau services.\nOur recommendations are still the same as indicated in our memorandum dated\nMay 12, 1971, to the Area Director, and our memorandum to the Commissioner on\nApril 21, 1972. Copies attached. It is our understanding that the State of\nMichigan will turn the state property over to the tribe upon Federal re-\ncognition. It is our recommendation that the Huron Potawatom Band be given\nFederal recognition as soon as possible.\nEdmund\nActing Superintendent\nEnclosures\nFORD & LIBRARY\nFILE COPY\nPo 1 SURNAME\nHay 12/11/06\nTribal Government Services\nDEC 1 8 1975\nMr. David Mackety\nHuron Potawatomi Athens Indian\nReservation\nFulton, Michigan 49052\nDear Mr. Mackety:\nThis will acknowledge receipt of your letter of November 12 concerning\na petition for Federal recognition of the Huron Band of Potawatomi\nIndians.\nWhile the first page of your letter appears to be part of your original\nletter, the second page is a reproduction and the petition you referred\nto was not included. Notwithstanding these facts, former\nSecretary Morton and Solicitor Kent Frizzell were not sufficiently\nconvinced that the Secretary of the Interior does in fact have legal\nauthority to extend recognition to Indian tribes absent clear Congressional\naction. Nor, even if such authority can be caid to exist, does the\nlaw appear to be clear as to the applicable standards and procedures\nfor recognition. In short, they felt that the \"recognition\" concept is an\nexceedingly indefinite one. As a result attorneys in the Solicitor's\noffice researched various questions connected with recognition and\nprepared detailed memoranda. That memoranda is now being reviewed.\nUntil that review is concluded and the future policy relating to\nadministrative recognition of Indians tribes or bands has been determined,\nwe will be unable to act upon the petition of the Huron Band of Potawatomi\nIndians. If you will send the petition forward, however, we will be\nhappy to hold it in our files for immediate action following the determina-\ntion of future policy.\nSincerely yours,\n(Sgd) Leslie N. Gery\nChief, Branch of Tribal Realtions\ncc: Minneapolis Area Dir.\nSupt., Great Lakes Agency\nSurname\nChrony 440\nMailroom\nHoldup:Z. BARROW:d1b, 12/16/75, Cass. 20-A\nT.C.\nal Operations\nMAR 12 1973\nMr. David Mackety\nPresident, Huron Potawatomi Band\nRoute 1\nFulton, Michigan 48505\nDear Mr. Mackety:\nWe have your letter of January 5 enclosing Resolution No. 2\nadopted by the Huron Fotawatomi Band, asking that Federal recogni-\ntion be extended to it, that it be organized under the Indian\nReorganization Act of 1934 and that the Secretary of the Interior\naccept in trust the title to the land now occupied by the bani.\nThe information contained in your letter will be helpful in t 18\nreview of your request for Federal recognition of the band. le\nhope for a decision on that request in the not too distant future.\nWith regard to the transfer of title to the land now occupied by\nthe band to the Secretary, before this may be done it will be\nnecessary that the State of Michigan Indicate its willingness to\nmake the tra mafer. We suggest that you contact the appropriate\nofficials of the State of Michigan and ascertain if the state\nwill be agrenable to making the transfer. Also accertain what\naction W 11 be necessary on part of the state to effect a transfer\nof title if the Secretary of the Interior signifies his willingness\nto accept the title in trust/\nSincerely yours,\n(Sod) Raymond V. Butler\nActing Director, Office of\nCommunity Services\ncc: Area Director, Minneapolis\nSuperintendent, Great Lakes Agency\nFORD\nCOMMISSION ON INDIAN AFFAIRS\nDepartment of Management and Budget\nBaker Olin-West, 2nd Floor S.E.\n3423 North Logan, Lansing, Michigan 48914\nPhone: 517/373-0654\naug 27-1976\nSpecial assistant tothe President\nmr. Bradley Patterson\nfor Indian affairs\nRom103\nold Opecutive office Building\nWashington D.C.\nDear Brad:-\nWe certainly appreciated the\nmeeting with you and hope\nto meet with you again real\nsoon, as I come into Washington\nat least once a month.\nTchi mi Guitch-\nGreat Thanks\" \"Ottown\"\nSincerely -\nLouise E. E.Rezmike Ind Rep.\nRESOLUTION NO. 2\n12-21-72\nHURON POTAWATOMI BAND\nWHEREAS: The Huron Potawatomi Band by Resolution, dated March 11, 1972,\nrequested that their land, described in Resolution No. 1 and title to\nwhich is vested in the name of the Governor of Michigan, be transferred\nfrom the Governor to the Secretary of the Interior. See--Exhibit \"A\".\nWHEREAS: On June 8, 1845, the President of the United States, James K.\nPolk, signed the Conveyance of the land (purchased with individual Indian\nmoney) to John S. Barry, Governor of Michigan, to be held in trust for a\ncertain band of Indians of which Mo-gwa-go was chief. See-Exhibit \"B\".\nWHEREAS: In 1904, in Court of Claims No. 21300 in case of Phineas Pamptopee,\nthe award of $78,329.25 by Act of Congress was disbursed among 268 Huron\nPotawatomis. Samuel L. Taggart as the U.S. Agent signed and approved the\nroll on November 11, 1904. See-Exhibit \"C\".\nWHEREAS: In 1857 near Tama, lowa, a remant of the Sac and Fox Tribe\npurchased 80 acres of land, money for which was obtained from the sale\nof their ponies and annuity payments. Title to purchased land was vested\nin the name of Governor of Iowa in trust; however, in 1896 this trustee-\nship was transferred from the Governor to the Secretary of the Interior.\n/\nMore land has been added from time to time, purchased with tribal funds,\nuntil Indian land in Tama County now totals about 3,400 acres. Tribal\nenrollment of the Sac and Fox Tribe was 795 as of November 1, 1969.\nWHEREAS: The Huron Potawatomi membership committee reports as of\nNovember 1, 1972, there is tribal enrollment in excess of 300.\nNOW THEREFORE BE IT RESOLVED that the Secretary of the Interior, Mr. Rogers\nC.B. Morton, be requested to give immediate, just and fair consideration\nto the request of the Huron Potawatomi Band to organize under the Indian\nReorganization Act and to have title to the above described lands trans-\nferred from the Governor of Michigan to the United States of America in\ntrust for the Huron Potawatomi Band.\nBE IT FURTHER RESOLVED, that the Governor of Michigan, Honorable William\nG. Milliken, give a statement of agreement to the Secretary of the Interior,\nRogers C.B. Morton indicating his support of a change in trusteeship and\nfor Federal recognition of the Huron Potawatomi Band.\nFORD GERALD LIBRAN SERALD\n00\nAt a duly called special Business Committee Meeting of the Huron\nPotawatomi Band Inc., this resolution was considered and agreed to.\nAll Michigan. members of the Committee were present at Wroming\nThe vote count\nb\n0\nand None\n.\nYes\nNo\nChairman,\nVice Chairman, Elliott S. Paraptepe\nSecretary\n12.21.72\nDate\nFORD is LIBRARI\n2\nMenneapoles Heror Potative form\n050\nSURNAME\nSemmons 4-7\nGay 4/8/16\nButts 4/13\nTribal Government Services\nMemorandum\nAPR 13 1976\nTo:\nMinneapolis Area Director\nFrom: Commissioner of Indian Affairs\nSubject: Petition for Federal Recognition by Huron Potowatomi Band\nReference is made to your memorandum of February 10 relative to\nthe above subject.\nOur letter of December 18, 1975, to Mr. David Mackety, copies of\nwhich were sent to you and the Great Lakes Agency, advised that the\nrecomition policy of the Department was under review and we could\nnot take action on the numerous requests for recognition currently\nbefore this office until a final decision had been reached. Since a\ndecision has not yet been made, we can only hold the Huron\nPotowatomi Band's request in abeyance. We, too, share your concern\nfor an early determination.\n(SGD) Morris Thompson\ncc: Supt., Great Lakes Agency\nSurname\nBCCO\nCommr. Reading File\nFORD\nChrony 440\nCode 400\nMailroom\nHoldup:P. SIMMONS:dlb, 4/6/76, Cass. 15-A\nSTATE OF MICHIGAN\nWASHINGTON OFFICE\nCIRCUMSPICS\n1150 Seventeenth Street, N.W.; Suite 609\nWashington, D.C. 20036\n202/872-8550\nWILLIAM G. MILLIKEN\nGOVERNOR\nAugust 23, 1976\nMr. Brad Patterson\nThe White House\nWashington, D.C. 20500\nBrad\nDear Mr. Patterson:\nEnclosed is the correspondence on the Huron-Potawatomi\nIndians who are looking forward to discussing with you how they\ncan become Federally recognized as a tribe. They sent all the\nnecessary material to the Bureau of Indian Affairs when it was\nthe perogative of BIA to grant such recognition. However, BIA\nmisplaced the documents and when that was finally discovered, they\nrequested the Huron-Potawatomis resubmit their request. By the\ntime they resubmitted, BIA was no longer able to grant Federal\nrecognition. Therefore, the Indian Commission is coming to you.\nThe following is the list of people who will be attending\nthe meeting with you on August 25, 1976 at 11:00 a.m.:\nJim Hillman, Director, Michigan Commission on Indian Affairs\nViola Peterson, Chairman of the Board, Michigan Commission on\nIndian Affairs\nLouise Reznik, Federal-liaison, Michigan Commission on Indian\nAffairs\nDavid Mackety, Chairman, Huron-Potawatomi Band, Inc.\nThis group will be accompanied by the undersigned who is\nthe Director of the State of Michigan Washington Office and Special\nAssistant to Governor Milliken.\nThank you for your interest in this problem.\nSincerely,\nBabbr\nRobert J. Horn\nSpecial Assistant\nto the Governor\nGERALD FORD\nPOTAWATOMI\nNOTTAWASEPPI HURON BAND\nThe habitat of the Potawatomi Nation prior to the early\n1840's was from the southwestern shores of Lake Michigan, across\nto Detroit and environs, and from the Huron and Grand rivers south-\nward to the northern parts of the bordering three states, Ohio,\nIndiana and Illinois. In the pressure and coersion from the east\nof being divested of their lands, they were forcibly moved by\nsoldiers to the west of the Mississippi. During this period of the\nearly 1840's, of the three tribes of Michigan, the Potawatomi\nexperienced perhaps the greatest convulsion and deterioration.\n1\nFollowing this period there emerged six: bands of the Potawatomi.\nTwo bands remain west of the Mississippi. They are the Prairie and\nCitizens bands of Kansas and Oklahoma. The Forest County Potawatomi\nband is in Crandon, Wisconsin. Three bands reside in Michigan. The\nHannahville Potawatomi reside in Menominee county.\nThe band originally known as the Pokagon band has now become\ntwo groups. One is known as the Potawatomi of Michigan and Indiana.\nThe other is known as the Potawatomi Indian Nation, Inc. Their base\nroll is the Cadman Roll of 1896. Pokagons band was exempted from\nbeing moved westward on religious consideration. The locale of this\nband is southwest Michigan, in the Dowagiac and Hartford areas,\n1\nGERALD FORD LIREARY\nThe Nottawaseepi Huron band is indicative of those times.\nMany Potawatomii refused and therefore hid from being moved westward.\nMany came back to their original habitat. Chief Moguga returned with\nsome members of the band and other members were scattered to Bradley\n2\nand Allegan county.\nOne hundred twenty acres of land was purchased near Athens and\nplaced in trust to the state of Michigan in 1848. This land is base\nof much of the history from then until now. The base roll for this\nband is called the Taggert roll of 1904. Today the present roll\n3\nnumbers approximately three hundred.\nThe present status of the Nottawaseepi band is found from\nBronson to Grand Rapids.\nIn 1970 a renewed interest was shown in our history. Reorgan-\nization was brought about to update areas that had declined. It\nwas resolved that the band should seek federal recognition. Early\nin in 1972 our initial resolution was submitted to the Department of\nInterior, Bureau of Indian Affairs. Outside of acknowledgement of\nreceipt of resolution, no answer was forthcoming. After about a year\nresolution #2 was dispatched, praying for a definite answer. After\nabout another year the two top council members were dispatched to\nvisit Commissioner Thompson to evoke an answer. The Commissioner\nkindly requested that we re-petition the department again. After\nsome hesitation this was done. Four years later we have yet received\nno decision either way. We realize that embodied in our resolution\nseeking recognition there is the elements that run counter to\ntwo hundred years of Bureau of Indian Affairs policy; namely, that\nour band in ma jority live outside reservation boundary lines. After\nmore than a century of non-recognition, this constitutes a major\ndiscrimination. Services that were not available for that hundred\nyears or more could have been the difference that would have seen this\ngeneration meet more effectively the challenges of today's society.\nWe support Resolution 1976-100 sponsored by the Michigan\nCommission on Indian Affairs.\n1. Background of Judgements in Indian Claims Commission dockets-\n15K, 29J, 217 also 15M, 29K and 146.\n2. The Holcomb account\n3. The Holcomb Account\nFORO i GERALD LIBRARY\nMARCH, 1972\nRESOLUTION\nHURON POTAWATOMI BAND\nWHEREAS in Calhoun County, near Athens, there reside today approximately 50\nPotawatomi Indians, or approximately 12 families. (There are over 200 Huron\nPotawatomis on the current 1972 Tribal Roll.) And this tax exempted land\nheld in trust by the Governor of the State of Michigan. The legal name of\nthis group of Indians is \"Huron Potawatomi Band, Inc.\" Since the land-mark,\nthe Nottawasippe River, is near this settlement of Indians, the term \"Not-\ntawasippe Potawatomi\" is sometimes used for identification purposes; and\nWHEREAS these lands as described were entered into the tract book in the Office\nof Register of Deeds in and for Calhoun County in the name of John S. Barry,\nGovernor of Michigan and his successors in office forever, in trust, for a\ncertain band of Indians, residents of Calhoun County, of which band of Indians\nMo-gwa-go was Chief on June 9, 1845; and\nWHEREAS William A. Booth and his wife, Louisa, conveyed to Governor of the State\nof Michigan, John S. Barry, in trust for a band of Indians residing in Calhoun\nCounty, of which Mo-gwa-go was Chief (recorded Nov. 22, 1845) - the West 1/2\nof the Southwest 1/4 Section 20 Township 4 South, Range 8 West, containing 80\nacres more or less, Calhoun County, Athens Township, Michigan; and\nWHEREAS the United States of America conveyed to the State of Michigan the\nNorthwest 1/4 of the Southwest 1/4, Section 20, Township 4 South, Range 8 West,\ncontaining 40 acres according to the official plat of the survey of the said\nlands returned to the General Land Office by the Surveyor General recorded\nNovember 22, 1884; and\nWHEREAS the Indian Re-organization Act, Howard-Wheeler Act of 1934, offers\nprograms and policies for any identifiable group of Indians. Since this I.R.A.\nprogram is offered by the Bureau of Indian Affairs of the Federal Government,\nit could have far-reaching effects on the community development, on the remnant\nof these Potawatomi Indians, wherever they chose to live, on or off the premises\nof this Indian reservation, have availability of the socio-economic federally\nsponsored programs; and\nWHEREAS the message of the President of the United States of America, Mr.\nRichard Nixon, so strongly advocates the \"self-determination\" for the American\nIndian be a major policy for his administration; and\nCERALE is. FORD\nWHEREAS the State Indian Reservation, 120 acres of land, the above described,\nunder the trusteeship of the Governor of Michigan and his successors for some\n127 years has offered no aid or help to alleviate the Indian socio-economic\nproblems on this State Reservation; now therefore be it\nRESOLVED, That the Huron Potawatomi Band, Incorporated of Michigan inform the\nMinneapolis Area Office, Bureau of Indian Affairs Land Operation of its decision\nto apply for a federal status Indian reservation; and be it further\nRESOLUTION OF THE HURON POTAWATOMI BAND\nPage 2\nRESOLVED, That the Governor of Michigan, William G. Milliken, be asked to\nconsider this resolution as a recommendation for any act of legislation, if\nnecessary, or any legal transaction to convey this present trusteeship of land\nfrom a State trust to a Federal trust Indian Reservation.\nDate\nChairman\nVice-Chairman\nAt a duly scheduled public general meeting of Huron Potawatomi Band, this\nresolution was read at Hopkinsburg V.F.W. Hall at\n,\nMichigan, m arch 11\n, 1972 .\nThe vote count\nand\n.\n(Yes)\n(No)\nDate\nSecretary\nRESOLUTION NO. 2\nyour\n973\nHURON POTAWATOMI BAND\nWHEREAS: The Huron Potawatomi Band by Resolution, dated March 11, 1972,\nrequested that their land, described in Resolution No. 1 and title to\nwhich is vested in the name of the Governor of Michigan, be transferred\nfrom the Governor to the Secretary of the Interior. See--Exhibit \"A\".\nWHEREAS: On June 8, 1845, the President of the United States, James K.\nPolk, signed the Conveyance of the land (purchased with individual Indian\nmoney) to John S. Barry, Governor of Michigan, to be held in trust for a\ncertain band of Indians of which Mo-gwa-go was chief. See-Exhibit \"B\".\nWHEREAS: In 1904, in Court of Claims No. 21300 in case of Phineas Pamptopee,\nthe award of $78,329.25 by Act of Congress was disbursed among 268 Huron\nPotawatomis. Samuel L. Taggart as the U.S. Agent signed and approved the\nroll on November 11, 1904. See-Exhibit \"C\".\nWHEREAS: In 1857 near Tama, lowa, a remant of the Sac and Fox Tribe\npurchased 80 acres of land, money for which was obtained from the sale\nof their ponies and annuity payments. Title to purchased land was vested\nin the name of Governor of Iowa in trust; however, in 1896 this trustee-\nship was transferred from the Governor to the Secretary of the Interior.\nMore land has been added from time to time, purchased with tribal funds,\nuntil Indian land in Tama County now totals about 3,400 acres. Tribal\nenrollment of the Sac and Fox Tribe was 795 as of November 1, 1969.\nWHEREAS: The Huron Potawatomi membership committee reports as of\nNovember 1, 1972, there is tribal enrollment in excess of 300.\nNOW THEREFORE BE IT RESOLVED that the Secretary of the Interior, Mr. Rogers\nC.B. Morton, be requested to give immediate, just and fair consideration\nto the request of the Huron Potawatomi Band to organize under the Indian\nReorganization Act and to have title to the above described lands trans-\nferred from the Governor of Michigan to the United States of America in\ntrust for the Huron Potawatomi Band.\nBE IT FURTHER RESOLVED, that the Governor of Michigan, Honorable William\nG. Milliken, give a statement of agreement to the Secretary of the Interior,\nRogers C.B. Morton indicating his support of a change in trusteeship and\nfor Federal recognition of the Huron Potawatomi Band.\nGERALD, FORD VIBRARY\nARRANGED J.B\nAt a duly called special Business Committee Meeting of the Huron\nPotawatomi Band Inc., this resolution was considered and, agreed to.\nAll Michigan. members of the Committee were present at Wyoming\nThe vote count\n6\nand NONE\n.\nYes\nNo\nChairman,\nVice Chairman, Eleitt S. Pamptoper\nSecretary\n12-21-72\nDate\n2\nMICH-GAN OFFICE:\n425 Checks\nCongress of the Claited States\nSitice of the fulinurity Header\nDouse of Representations\nMashington, D.C. 20515\nJanuary 16,1973\nMr. David Mackety\nR #1\nFulton, Michigan\nDear Mr. Mackety,\nI have forwarded your complete letter to the Secretary of the Interior\nRogers C.B. Morton with the recommendation that he give it favorable\nconsideration.\nI will notify you as soon as word is sent back from the Secretary as\nto the status of the request you submitted. I sincerely hope that it\nis granted. I appreciate hearing from you on this problem and hope\nthat your correspondence will continue.\nWarmest personal regards.\nSincerely\nGerald R. Ford\nGRF:jz\nSTATE OF MICHIGAN\nCOMMISSION MEMBERS\nCOMMISSION ON\nJohn Lulking Chairman\nINDI is AFFAIRS\nPrilip Nex Vice-Chairman\nWILLIAM G. MILLIKEN, GOVERNOR\n45A Refunter Bldg.\nDuns Adams Secretary\n105 W. Allegan Street\nMary Tampos\nDEPARTMENT OF MANAGEMENT AND BUDGET\nLanging. Michigan 48902\nWilliam Cross\nPhone 517 373-0654\nLester Gemmill\nJOHN T. Dempsey, Director\nDean George\nJames R. Hillman,\nMaurice LeBlanc\nDirector\nArnold Sowmick\nMay 29, 1974\nTo: All Potawatomi Groups\nNorthern Michigan Ottawa Association - All Units\nWhile I was in Washington, I ran across this legislation\nwhich may be of interest to you. It appears to me that\nyour group, tribe or organization may be eligible to\nqualify under the Restoration Act, and 'I suggest that if\nyou are interested in pursuing it further, you contact\nour office and we can work together on it.\nThis Act may be the method by which groups and bands such\nas yours can become eligible for additional federal\nservices even though you do not have trust land.\nSincerely,\nJames R. Hillman, R. Hillma Director\nCommission on Indian Affairs\nJRH/s\nEnclosure\nCC: All Commissioners\nPURD\nMICHIGON\nAn Act\n18\n$\nto regulate the standards\nand procedures for the\nrecognition or restoration\nto recognition of federal\nsupervision and/or services\nattendant with status as a\ntribe or band of Indians\nBe it enacted by the Senate and House of Representatives\nof the United States in Congress Assembled, That this Act may\nbe cited as the \"Indian Recognition and Restoration Standards\nand Procedures Act of 1974.\nSECTION 2. Declaration of Policy\n(a) It is the policy of the United States that groups of\nIndians claiming to be tribes or bands of Indians shall be\nrecognized as such by the United States for the purpose of\nreceiving appropriate services and the benefits of a trust rela-\ntionship when they satisfy legislatively prescribed standards\nfor such recognition.\n(b) It is the policy of the United States that in the\ncase of tribes or bands of Indians once recognized by the\nUnited States for the purpose of receiving appropriate services\nand the benefits of a trust relationship, which subsequently\nhad their recognized status terminated by Act of Congress or\nan administrative determination, such tribes or bands should\nbe restored to recognized status when they satisfy legislatively\nprescribed standards for such restoration.\n(c) It is the policy of the United States that in imple-\nmenting the standards referred to in sub-sections (a) and (b) of\nthis section and set forth in sections 4 and 5 of this Act,\nauministrative officials charged WITH responsibility hereunder\nshall develop a policy for recognition and restoration to recog-\nnition which is uniform and applied in a non-discriminatory\nmanner.\nSECTION 3. Definitions\n(a) \"final order\" means the whole or a part of an\nultimate disposition whether affirmative, negative, or conditional\nin form, of the Secretary in a matter arising under this Act;\n(b) \"person\" includes an individual, partnership, corporate\ntion, association, or public or private organization other than\nan agency;\n(c) \"the Commissioner\" means the Commissioner of the Bureau\nof Indians Affairs;\n(d) \"the Secretary\" means the Secretary of the Department\nof the Interior;\n(e) \" the Solicitor\" means the Solicitor of the Department\nof the Interior; and,\n(f) \"treaty relations\" means a tribe or band having\nentered into a treaty with the United States which was ratified\nby the United States Senate or, failing such ratification, such\ntribe or band having been induced on the basis of entering into\nsuch a treaty to rely to its detriment.\nSECTION 4. Standards for Recognition\n(a) An applicant tribe or band shall be extended recognition\nif the applicant tribe or band lives in a community relationship,\nmaintains a distinct identity, and, as a tribe or band, satisfies\nany one of the following requirements:\n(i) it has had treaty relations with the United States, or;\n(ii) it has been the recipient of services provided\neither by Congressional appropriation or administrative action, or\n(iii) it has previously had property held in trust for\nthe benefit of the applicant tribe or band by the United States, or;\n(iv) it has been recognized, or the recipient of services,\nby or from a state government or a political subdivision thereof, or;\n(v) it has, in its relations with other Indian tribes\nor bands, consistently been recognized by them as a distinct\ntribe or band of Indians.\n(b) An order extending recognition shall set forth the types\nof services for which the applicant tribe or band shall be eligible\nand any other conditions of the recognition and such portion or\nportions of the initial decision, the decision of the administrative\nlaw judge, or decision and final order of the Secretary shall be\nreviewable as provided in sections 7 and 8 of this Act.\nSECTION 5. Standards for Restoration to Recognition\n(a) Any tribe or band of Indians which has at any time been\nrecognized by the United States and has subsequently had this\nrecognition rescinded through termination by Act of Congress or an\nadministrative determination may be restored to recognized status\nif:\n(i) a majority of the enrolled adult members of the\ntribe or band elect, in a referendum conducted by the Secretary,\nto be so restored, and,\n(ii) the applicant tribe or band lives in a community\nrelationship and has maintained its identity.\n(b) Following the satisfaction of the standards set forth\nin sub-section (a) of this section, the Commissioner is directed\nto enter into discussions with interested parties regarding the\ntransfer, or other disposition, of assets of the tribe or band,\nincluding the settlement of outstanding private claims. The\nCommissioner shall have responsibility for developing a plan\nrelating to the above and his decision in this matter shall be\ndeemed an initial decision within the meaning of section 7 (a)\nof this Act.\nSECTION 6. Application for Recognition or Restoration to Recognition\nAny applicant tribe or band of Indians seeking recognition\nor restoration to recognition under the provisions of sections\n4 or 5 of this Act shall file an application with the Commissioner.\nThe application shall contain such information as the Commissioner\nshall, by regulation, require, which shall include but not be\nlimited 10 the name of the apprecant. COLDS or Dates, the\nto be presented by the applicant that it meets the requirements\nof the standards of sections 4 or 5 of this Act, any evidence\nsupporting its argument, and a proposed order granting the request\nof the applicant including any condition as set forth in sections\n4 (b) or 5 (b) of this Act.\nSECTION 7. Decision-making process\n(a) Initial decision of the Commissioner\n(i) Any group of Indians not then recognized by the United\nStates as a tribe or band of Indians may make application to the\nCommissioner as described in section 5 of this Act. Notice that\napplication has been made pursuant to section 6 of this Act shall be\npublished in the Federal Register. The notice shall set forth the\ntime and place of the conference provided in subsection 7 (a) (ii)\nbelow.\n(ii) Within 30 days following the filing of the application\nthe Commissioner, or a Deputy Commissioner, shall hold a conference\nduring which the applicant shall present the case for granting the\napplication, the Solicitor, or his delegate, may respond with reasons,\nif any, why the application should be denied, or granted with limita-\ntions and conditions. Other interested persons may present written\nmemoranda in support of or opposition to the application and may,\nin the discretion of the Commissioner, be present at the conference\nand participate therein.\nconference the Commissioner shall issue an initial decision setting\nforth the underlying reasoning supporting the grant or denial of the\napplication. In the case of a grant of the application by the\nCommissioner where the decision limits the types of services to\nbe provided, or places other conditions on the grant, the limitations\nand/or conditions shall also be set forth, and the underlying\nreasoning shall be explained. The initial decision of the Commissioner\nshall be published in the Federal Register.\n(b) Hearing\n(i) If the initial decision issued pursuant to section\n7 (a) (iii) of this Act is a denial of the application or, if a grant\nof the application places limitations or other conditions on the\ngrant, the applicant may file a notice for hearing within twenty\ndays following the initial decision. The notice demanding a hearing\nshall state the factual basis of the claim to be heard in the same\nform as set forth in section 6 of this Act. Written memoranda may be\nsubmitted by the applicant and other interested parties prior to the\nhearing. Failure to file a timely notice for hearing shall be deemed\na waiver of the right to the hearing provided herein and shall be\ndeemed an acceptance of the initial decision.\n(ii) A hearing before an administrative law judge shall be\nheld pursuant to 5 U.S.C. sections 554 and 556 within 30 days\nfollowing the timely notice for a hearing. The administrative law\njudge shall be appointed pursuant to 5 U.S.C. section 3105.\n(iii) The applicant and the Commissioner shall be entitled\nto present their view of the case to the admihistrative law judge.\nOther interested persons may, in the discretion of the administrative\nlaw judge, participate in the hearing.\n(iv) The administrative law judge shall issue his written\nopinion within 60 days following the completion of the hearing. He\nshall determine whether the application should be grnated or whether\nthe limitations or conditions, if any, set forth in the initial\ndecision of the Commissioner in the grant of the application should\ncontinue in effect on the basis of the standards set forth in sections\n4 and 5 of this Act. The written opinion of the administrative law\njudgé shall be published in the Federal Register.\n(v) At any time prior to the rendering of the opinion by the\nadministrative law judge the applicant and the Commissioner may enter\ninto an agreement regarding the disposition of the application which\nmay have the effect of suspending any action of the administrativé\nlaw judge.\n(c) Order of the Secretary\n(i) The opinion of the administrative law judge required\nby sub-section 7 (b) (iv) of this Act shall be transmitted to the\nSecretary within 10 days following its issuance.\n(ii) The Secretary, or his delegate, may hold a conference\nto discuss the case within 60 days following receipt of the opinion\nof the administrative law judge by the Secretary. The time and place\nof the conference shall be announced by the Office of the Secretary\nand such announcement shall be published in the Federal Register.\nAll interested persons shall be entitled to submit written material\nto the Secretary and may, in the discretion of the Secretary, participate\nin the conference. When the Secretary designates a subordinate to\nact as his delegate in these matters, the subordinate shall not be an\nofficial who has in any way had contact with the case previously.\n(iii) If the Secretary approves of the opinion he shall\nsign it and it shall become a final order IF he rejects the opinion\nor would modify the decision of the administrative law judge he\nshall prepare a written statement of the reasons for his rejection\nor modification and a statement of his disposition of the matter,\nand such statements shall be issued by him and shall constitute a\nfinal order. The written statement and final order of the Secretary\nshall be issued within 90 days following his receipt of the opinion\nof the administrative law judge, which shall be published in the\nFederal Register.\nSECTION 8. Judicial Review\n(a) The applicant tribe or band, or any other person whose\ninterests are affected by a final order of the Secretary, may obtain\nreview of such order in the court of appeals of the United States,\nwithin the District of Columbi Circuit, or within any circuit wherein\nthe applicant tribe or band claims to reside. In the event that petitions\nfor review of one final order of the Secretary are introduced in differen\ncourts of appeal of the United States, the court having jurisdiction\nover the petition of the applicant tribe or band shall assume\njurisdiction over all related petitions, provided, however, that\nwhere the applicant tribe or band has not petitioned for review the\ncourt in which the first notice of appeal is filed shall assume\njurisdiction over all related petitions.\nprecedence over other cases pending therein, and shall be in every\nway expedited.\n(c) An order of the Secretary shall become final upon'the\nexpiration of 30 days following its issuance if no notice or notices\nof appeal have been filed within any court of appeal of the United\nStates; if otherwise, an order shall become final as directed by the\ncourt of appeal petitioned for review.\n(d) Proceedings of the courts of appeal shall be governed by\nthe appropriate provisions of 5 U.S.C. sections 702, 704, 705, and 706.\nSECTION 9. Authorization of Appropriation\n(a) There is authorized to be appropriated such funds as may be\nnecessary to implement the provisions of this Act.\n(b) There is authorized to be appropriated such funds as may be\nnecessary to provide the services called for by the recognition or\nrestoration to recognition of any tribe or band of Indians.\nSECTION 10. Report of the Secretary\nThe Secretary shall annually transmit to the Congress of the\nUnited States a Report on actions taken regarding the recognition and\nrestoration to recognition of applicant Indian tribes or bands under\nthe terms of this Act. The Report shall consist of a detailed state-\nment of the initial decisions of the Commissioner, agreements made\nwith the applicant or other interested persons, and each final order\nof the Secretary.\nSTATE OF MICHIGAN\nDEPARTMENT OF ATTORNEY GENERAL\nSTANLEY D. STEINBORN\nDeputy Attorney General\nAPR\nFRANK J. KELLEY\nATTORNEY GENERAL\nLANSING\n48913\nApril® 1, 1974\nMr. Raymond P. Lightfoot\n831 Second Avenue\nMinneapolis, Minnesota\nDear Mr. Lightfoot:\nI have been referred to you to inquire about the status\nof the request of the Huron Band of Potawatomies located\nnear Athens, Michigan, for recognition under the Wheeler\nHoward Act.\nThe State of Michigan, as has been indicated by a letter\nfrom Governor Milliken to Interior Secretary Morton, is\nvery interested in doing all it can to promote recognition.\nI have been informed that some concern exists about the\ntransfer of the land now held in trust for the Huron Band\nof Potawatomies by the Governor of Michigan. In his letter\nto Secretary Morton, the Governor indicated his willingness\nto make the necessary transfer of lands at the proper time.\nIn general, the State of Michigan has sought to do all\nin its power to promote federal recognition for this group\nof Indian citizens. If anything further is required of\nthe State at this time, we would appreciate being advised\nso that we can proceed to make whatever arrangements are\nnecessary.\nThank you very much for your attention to this matter.\nSincerely,\nSolon\nSolomon H. Bienenfeld\nFirst Assistant\nCC: Elmer Nitzschke\nMaryanna Shulstad\nLes Gay\nJim Hillman\nPhlexs\nSTATE OF MICHIGAN\nOFFICE OF THE COVERNOR\nLANSING\nTILLINEN\nMay 13. 1976\nCOVERNOR\nDave Mackety, Chairman\nHuron-Potawatomi, Inc.\nRoute #1\nFulton, Michigan 49052\nDear Mr. Mackety:\nIt has been brought to my attention that you met recently with\nMr. Jonathan Cain of my office, Mr. John Pirich of the Attorney\nGeneral's office, and representatives of the Indian Affairs\nCommission.\nI further understand that efforts you have made to obtain federal\nrecognition and Tribal status for the Huron-Potawatomi have been\nunsuccessful. As I have indicated in previous correspondence, I\nam in support of your effort.\nI have asked the Staff Director of the Indian Affairs Commission\nto work with you in documenting your previous efforts in this\nmatter so that we will be in the best position to assist you\nthrough my office.\nWhen the necessary background material is made available,\nappropriate contacts will be made in Washington to expedite this\nlong overdue action.\nKind personal regards.\nSincerely,\nMillion D.\nGovernor\n1-1\nHURON POTAWATOMI\nATHENS INDIAN RESERVATION\nFULTON MICHIG AN 49052\nRECEIVED\nMAY 241976-19\nMay 21, 1976\nINDIAN AFFAIRS\nCOMMISSION ON\nMr. James Hillman, Director\nMichigan Commission on Indian Affairs\nDept. of Management & Budget\nBaker Olin-West, Flr. 2, SE\n3423 N. Logan Street\nLansing, MI 48914\nRe: Recognition, Huron Potawatomi\nDear Mr. Hillman:\nFour years of efforts have produced no decision since\nthe Nottawaseppi Huron Potawatomi's initial request for Federal\nRecognition. You have been made aware of this in the last few\nweeks since our request to the State of Michigan via Governor\nMilliken and the Commission on Indian Affairs for more involved\nassistence.\nWhile Governor Milliken has supported our goal from the\noutset, the Commission's more recent involvement and efforts\nare very encouraging and promise to be very fruitful. Governor\nMilliken's reply to the above mentioned request still assures us\nof his support and stands ready to implement whatever course\nseems to be the most advisable.\nHowever, being election year with its attendent diversion\nand transitions, another year or longer of delay can be fore-\nseen, judging by past performance and our present information.\nInconsistant policy of the B.I.A. of granting recognition\n(Menonomee and Soo Chippewa) on the one hand and ignoring\nothers will not preclude us from \"banging\" on the door.\nGERALD FORD VIGRARY\nMr. James Hillman\nMay 21, 1976\nPage Two.\nAt our last council meeting, it was voted to also re-\nquest dinancial assistance in these efforts.\nIn 1976, when the majority of the people are pausing to\nlook at 200 years of exploits and the fruits and are thankful\nto be free of oppression (so they told us), we think this\nrequest should come before the appropriate body that represents\nthe people.\nWe leave it to the Commission, through you Jim, to make\nthis contact in whatever manner is the procedure, and also\nadvise the Governor of any action.\nWith best regards,\nDavid Mackety\nChairman\nEncs:"
}