H.R. 4115House110th Congress (2007-2009)In Committee

To provide for and approve the settlement of certain land claims of the Sault Ste. Marie Tribe of Chippewa Indians.

Introduced November 8, 2007

Legislative Activity

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11 earlier actions
HouseCalendars Latest Action

Placed on the Union Calendar, Calendar No. 346.

April 4, 2008

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HouseIntro Referral

Introduced in House

November 8, 2007

HouseIntro Referral

Referred to the House Committee on Natural Resources.

November 8, 2007

HouseCommittee

Committee Hearings Held.

February 6, 2008

HouseCommittee

Committee Consideration and Mark-up Session Held.

February 13, 2008

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 22 - 5.

February 13, 2008

HouseCommittee

Reported (Amended) by the Committee on Natural Resources. H. Rept. 110-542, Part I.

March 6, 2008

HouseIntro Referral

Referred sequentially to the House Committee on the Judiciary for a period ending not later than April 4, 2008 for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(k) of rule X.

March 6, 2008

HouseCommittee

Committee Hearings Held.

March 14, 2008

HouseCommittee

Committee Consideration and Mark-up Session Held.

April 2, 2008

HouseCommittee

Ordered to be Reported Unfavorably by the Yeas and Nays: 27 - 0.

April 2, 2008

HouseCommittee

Reported adversely by the Committee on Judiciary. H. Rept. 110-542, Part II.

April 4, 2008

HouseCalendars

Placed on the Union Calendar, Calendar No. 346.

April 4, 2008

Floor Debate

10 members

What members said about H.R. 4115 on the floor

5 Republicans5 Democrats
Alcee L. Hastings
Rep. Alcee L. HastingsD-FL-23 · Jun 25, 2008

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1298 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Doc Hastings
Rep. Doc HastingsR-WA-4 · Jun 25, 2008

Mr. Speaker, I want to thank my friend and namesake from Florida, the other Mr. Hastings, for yielding me the customary 30 minutes, and I yield myself as much time as I may consume. (Mr. HASTINGS of…

John Conyers, Jr.
Rep. John Conyers, Jr.D-MI-14 · Jun 25, 2008

Mr. Alcee Hastings, I salute you for bringing this bill to the floor from the Rules Committee. I support the rule, without qualification. Ladies and gentlemen, why do so many people approve this bill…

Shelley Berkley
Rep. Shelley BerkleyD-NV-1 · Jun 25, 2008

Mr. Speaker, I rise in strong opposition to H.R. 2176. I believe this bill will lead to an unprecedented expansion of off- reservation Indian gaming by offering a blueprint to any Indian tribe that…

Candice S. Miller
Rep. Candice S. MillerR-MI-10 · Jun 25, 2008

I certainly appreciate the gentleman yielding time to me. This rule allows us to proceed, and I wish to speak in strong support of the underlying bill, and I rise in very strong support of H.R. 2176,…

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Mike Rogers
Rep. Mike RogersR-MI-8 · Jun 25, 2008

Mr. Speaker, I appreciate the opportunity to be here, and I appreciate the bipartisan spirit in which this debate is conducted and why this is just a bad idea. Many of us come to this microphone, to…

Jon C. Porter
Rep. Jon C. PorterR-NV-3 · Jun 25, 2008

Mr. Speaker, I appreciate this opportunity--and to my colleagues, in a bipartisan effort--to make sure we can maintain restrictions on off-reservation casinos and gambling. I want to point out five…

John Campbell
Rep. John CampbellR-CA-48 · Jun 25, 2008

I thank my colleague and friend from Washington for yielding. You know, Mr. Speaker, the original intent of why we allow gambling on Indian reservations was so that we could give some economic…

John D. Dingell
Rep. John D. DingellD-MI-15 · Jun 25, 2008

Mr. Speaker, before us is a very simple responsibility. It is a power that has been exercised exclusively by Congress since the very first Congress in 1789, when in the Indian Nonintercourse Act of…

Nick J. Rahall II
Rep. Nick J. Rahall IID-WV-3 · Mar 10, 2008

Under clause 2 of rule XII, bills and reports were delivered to the Clerk for printing, and bills referred as follows: [Omitted from the Record of March 6, 2008] Mr. RAHALL: Committee on Natural…

Bill Text

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Reported in HouseIssued April 4, 2008

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Union Calendar No. 346

110th CONGRESS

2d Session

H. R. 4115

[Report No. 110–542, Parts I and II]

IN THE HOUSE OF REPRESENTATIVES

November 8, 2007

Mr. Dingell (for himself and Mr. Stupak) introduced the following bill; which was referred to the Committee on Natural Resources

March 6, 2008

Reported with an amendment and referred to the Committee on the Judiciary for a period ending not later than April 4, 2008, for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(k) of rule X

Strike out all after the enacting clause and insert the part printed in italic

April 4, 2008

Reported adversely from the Committee on the Judiciary; committed to the Committee of the Whole House on the State of the Union and ordered to be printed

For text of introduced bill, see copy of bill as introduced on November 8, 2007

A BILL

To provide for and approve the settlement of certain land claims of the Sault Ste. Marie Tribe of Chippewa Indians.

1.

Acceptance of alternative lands and extinguishment of claims

(a)

Definitions

For the purposes of this Act, the following definitions apply:

(1)

Alternative lands

The term alternative lands means those lands identified as alternative lands in the Settlement of Land Claim.

(2)

Charlotte beach lands

The term Charlotte Beach lands means those lands in the Charlotte Beach area of Michigan and described as follows: Government Lots 1, 2, 3, and 4 of Section 7, T45N, R2E, and Lot 1 of Section 18, T45N, R2E, Chippewa County, State of Michigan.

(3)

Secretary

The term Secretary means the Secretary of the Interior.

(4)

Settlement of land claim

The term Settlement of Land Claim means the agreement between the Tribe and the Governor of the State of Michigan executed on December 30, 2002, and filed with the Office of Secretary of State of the State of Michigan, including the document titled Addendum to Settlement of Land Claim, executed by the parties on November 14, 2007.

(5)

Tribe

The term Tribe means the Sault Ste. Marie Tribe of Chippewa Indians, a federally recognized Indian tribe.

(b)

Land Into Trust; Part of Reservation

(1)

Land into trust

The Secretary shall take the alternative lands into trust for the benefit of the Tribe not later than 30 days after both of the following have occurred:

(A)

The Secretary has received a title insurance policy for the alternative lands that shows that the alternative lands are not subject to mortgages, liens, deeds of trust, options to purchase, or other security interests.

(B)

The Secretary has confirmed that the National Environmental Policy Act of 1969 has been complied with regarding the trust acquisition of the property.

(2)

Part of reservation

The alternative lands shall become part of the Tribe’s reservation immediately upon attaining trust status.

(c)

Gaming

The alternative lands shall be taken into trust as provided in this section as part of the settlement and extinguishment of the Tribe’s Charlotte Beach land claims, and so shall be deemed lands obtained in settlement of a land claim within the meaning of section 20(b)(1)(B)(i) of the Indian Gaming Regulatory Act (25 U.S.C. 2719(b)(1)(B)(i)).

(d)

Extinguishment of Claims

In consideration for the benefits to the Tribe under this Act, any and all claims by the Tribe to the Charlotte Beach lands or against the United States, the State of Michigan or any subdivision thereof, the Governor of the State of Michigan, or any other person or entity by the Tribe based on or relating to claims to the Charlotte Beach lands (including without limitation, claims for trespass damages, use, or occupancy), whether based on aboriginal or recognized title, are extinguished upon completion of the following:

(1)

The Secretary having taken the alternative lands into trust for the benefit of the Tribe under subsection (b).

(2)

Congressional acceptance of the extinguishment of any and all such claims to the Charlotte Beach lands by the Bay Mills Indian Community.

(e)

Effectuation and Ratification of Agreement

(1)

Ratification

The United States approves and ratifies the Settlement of Land Claim.

(2)

Not precedent

The provisions contained in the Settlement of Land Claim are unique and shall not be considered precedent for any future agreement between any Indian tribe and State.

(3)

Enforcement

The Settlement of Land Claim shall be enforceable by either the Tribe or the Governor according to its terms. Exclusive jurisdiction over any enforcement action is vested in the United States District Court for the Western District of Michigan.

April 4, 2008

Reported adversely from the Committee on the Judiciary; committed to the Committee of the Whole House on the State of the Union and ordered to be printed