[History: Tribal Act #84-228, enacted by Tribal Council on
July 31, 1984.]
Legislative Background: The preamble for the resolution granting
this right-of-way to the Bureau of Indian Affairs reads as follows:
Whereas the Grand Traverse Band of Ottawa and Chippewa Indians
is a federally recognized Tribe so proclaimed May 27, 1984 with commensurate
jurisdiction, and whereas the Tribe has been approved for BIA road
construction projects titled "Health Center Road" and "Bingo Road",
and whereas in order to partially fulfill prerequisites for start-up
of said projects a right-of-way is required by the BIA, and whereas
said right-of-way provides for public ingress and egress as required
by the BIA, and whereas said right-of-way is fully given to the BIA
for the purpose of maintaining said roads, and whereas under said
right-of-way freedom is granted to the BIA to access roads described
for this purpose of maintenance of surface 33 feet from the center
of both ways of middle of said roadway, and whereas said right-of-way
does not grant BIA title to roads, and whereas should said described
roads be abandoned right-of-way reverts back to the Tribe, and whereas
a public hearing on said project will be held August 15, 1984 with
public comment period commencing this date and concluding August 17,
1984, and whereas legal descriptions of said road project sites are
herein incorporated by reference.
The above-described right-of-way is granted to the Bureau of
Indian Affairs, U.S. Department of Interior, by the Grand Traverse
Band of Ottawa and Chippewa Indians.
[History: Tribal Act #84-253, enacted by Tribal Council on
October 16, 1984.]
The Grand Traverse Band hereby designates Lots 6 and 7, Block
3 of the Village of Peshawbestown as being reserved for educational
and cultural purposes.
[History: Tribal Act #88-644, enacted by Tribal Council on
August 17, 1988.]
[The parcel of land at Section 11, Block 3, Lots 16 and 17]
is officially declared a park, intended for use by Grand Traverse
Band members and all Native Americans, and whose official name shall
be Peshawbestown Community Park.
[History: Tribal Act #88-645, enacted by Tribal Council on
August 17, 1988.]
[The parcel of land at Section 11, Block 5, Lot 1B] is officially
declared a park area, to be used for the previously stated purposes,
and whose official name shall be Elders Park.
[History: Tribal Act #88-646, enacted by Tribal Council on
August 17, 1988.]
[The parcel of land consisting of the Southwest Quarter of the
Southwest Quarter (SW 1/4 of the SW 1/4) of Section 35, Town 29 North,
Range 8 West, Antrim County] is officially declared a park, intended
for use by Grand Traverse Band members and all other Native Americans,
and whose official name shall be Ne-zhon-zha-wuk Park.
[History: Tribal Act #83-145, enacted by Tribal Council on
June 8, 1993.]
Legislative Background: The preamble to the Tribal Act providing
jurisdiction over the railroad right-of-way is as follows:
Whereas the Grand Traverse Band of Ottawa and Chippewa Indians
became duly acknowledged as an Indian tribe with a government-to-government
relationship with the United States by action of the Department of
the Interior effective May 27, 1980; and whereas the Tribe desires
to effectuate the federal policy of self-determination for Indian
people through their tribal governments; and whereas the Tribe has
determined to develop a portion of Tribal lands into a park dedicated
to its Elders; and whereas Elders Park is located on land owned by
the Tribe on both sides of the old C & O Railroad, and it is necessary
to have access across the railroad in order to fully utilize the park;
and whereas the current owners of the railroad right-of-way have not
seen fit to cooperate with or even discuss the Tribe's intent
to build a bridge across the railroad tracks to allow their Elders
access to the waterfront area of the park; and whereas the railroad
has not been in use for several years, with portions of the track
having been removed and no apparent use as a railroad planned; and
whereas recent federal court decisions have raised doubt whether the
railroad has a valid right-of-way through lands in Leelanau County
allotted to Grand Traverse Band members in the Treaty of 1855:
(a) The Grand Traverse Band of Ottawa and Chippewa Indians has determined
to exercise its governmental right and declare that the railroad right-of-way
through Tribal lands is within Tribal jurisdiction, and no other easement
is necessary.
(b) These portions of the railroad right-of-way shall be determined to
be abandoned and the Tribe is authorized to construct the bridge allowing
the Elders complete access to the park.