To provide for and approve the settlement of certain land claims of the Sault Ste. Marie Tribe of Chippewa Indians.
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]
To provide for and approve the settlement of certain land claims of the Sault Ste. Marie Tribe of Chippewa Indians.
(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 withinot later than 30 days of receivingafter both of the following have occurred:
(A) The Secretary has received a title insurance policy for the alternative lands whichthat 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- Upon the date of enactment ofIn 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 hereby extinguished. The extinguishment of these claims is in consideration for the benefits toextinguished upon completion of the following:
(1) The Secretary having taken the alternative lands into trust for the benefit of the Tribe under this Actsubsection (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.
Union Calendar No. 346
110th CONGRESS
2d Session
H. R. 4115
[Report No. 110-542, Parts I and II]
A BILL
To provide for and approve the settlement of certain land claims of the Sault Ste. Marie Tribe of Chippewa Indians.
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
U.S. Congress - Text of H.R.4115 as Reported in House To provide for and approve the settlement of certain land claims of the Sault Ste. Mari...
