On February 23, the U.S. Department of the Interior’s Bureau of Indian Affairs (BIA) announced the Grand River Bands of Ottawa Indians, based in Muskegon County, Michigan, did not meet the seven criteria for federal recognition.
The BIA said the tribe fell short in Criterion 83.7(b), which requires that a predominant portion of the petitioning group comprises a “distinct community” and has existed as a community from historical times until the present. According to the BIA, the Grand River Bands did not prove they are distinctive from other Indigenous Peoples Groups and therefore cannot be recognized as a separate group.
Notably, BIA officials said nearly one-third of the tribe’s current membership already are enrolled members of a different federally recognized tribe and others were determined to be deceased. The Grand River Bands now have six months to challenge the proposed finding and submit evidence to rebut it.
In a statement, Grand River Bands Chairman Ron Yob said, “While we disagree with the U.S. Department of the Interior’s initial findings on our petition, we are confident we can provide the additional information requested and ultimately achieve the long overdue federal recognition for our tribal members.”
Yob continued, “The Grand River Bands have a long history in Michigan, with agreements with the federal government dating back to 1795, and we are a state recognized tribe. We have support from numerous lawmakers, including Governor Gretchen Whitmer, other tribes, business groups, community organizations and West Michigan residents who have and continue to advocate alongside us, and we remain confident we will be granted federal recognition and be able to provide justice and critical resources for our members.”
Meanwhile, the Little River Band of Ottawa Indians saw the BIA ruling as an opportunity to renew its plans to develop a casino on the same land as the Grand River Bands’ proposed casino. The tribe has long had an agreement with Fruitport Township as the site for its second Michigan, but the Little River Bands’ claims to the same land have delayed any progress.
Since the Grand River Bands were awaiting federal recognition at that time, Michigan Governor Gretchen Whitmer was reluctant to authorize a Little River Band casino on the plot. That roadblock doesn’t exist anymore due to the BIA ruling. But as long as the Grand River Bands still can appeal the BIA decision, it’s not likely that Whitmer and the Little River Band will move forward.
The Grand River Bands also could turn to Congress for assistance in gaining federal recognition. In 2007, former U.S. Senator Carl Levin introduced a similar act that would have granted the tribe recognition, but the measure died in the Senate Indian Affairs committee.
If the Grand River Bands’ appeal fails and Congress doesn’t act, the Little River Band could eventually receive a new compact from Whitmer and move forward on its Fruitville Township casino.