IB
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.
Acceptance of alternative lands and extinguishment of claims
Definitions
For the purposes of this Act, the following definitions apply:
Alternative lands
The term alternative lands means those lands identified as alternative lands in the Settlement of Land Claim.
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.
Secretary
The term Secretary means the Secretary of the Interior.
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.
Tribe
The term Tribe means the Sault Ste. Marie Tribe of Chippewa Indians, a federally recognized Indian tribe.
Land Into Trust; Part of Reservation
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:
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.
The Secretary has confirmed that the National Environmental Policy Act of 1969 has been complied with regarding the trust acquisition of the property.
Part of reservation
The alternative lands shall become part of the Tribe’s reservation immediately upon attaining trust status.
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)).
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:
The Secretary having taken the alternative lands into trust for the benefit of the Tribe under subsection (b).
Congressional acceptance of the extinguishment of any and all such claims to the Charlotte Beach lands by the Bay Mills Indian Community.
Effectuation and Ratification of Agreement
Ratification
The United States approves and ratifies the Settlement of Land Claim.
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.
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