[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2495 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2495
To provide for and approve the settlement of certain land claims of the
Bay Mills Indian Community and the Sault Ste. Marie Tribe of Chippewa
Indians.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 12, 2001
Mr. Stupak introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To provide for and approve the settlement of certain land claims of the
Bay Mills Indian Community and the Sault Ste. Marie Tribe of Chippewa
Indians.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Bay Mills Indian Community has a valid interest in
certain lands in the Charlotte Beach area of Chippewa County,
Michigan, that are located within the Community's traditional
homelands;
(2) the Sault Ste. Marie Tribe may have a valid interest in
certain lands in the Charlotte Beach area of Chippewa County,
Michigan, that are located within the Tribe's traditional
homelands;
(3) the Community filed a lawsuit against certain
landowners to ascertain ownership of lands that were once owned
and held in trust by the State of Michigan for the Community
but which were sold by the State without the consent of the
Tribes or the United States;
(4) the landowners now hold clouded title to such lands and
want to clear their title to the lands;
(5) the Community has agreed to relinquish its interests in
the Charlotte Beach Lands in return for its selection of
Alternative Lands that will be taken into trust by the
Secretary;
(6) the Sault Ste. Marie Tribe has agreed not to assert its
potential claim of interest in the Charlotte Beach Lands in
return for its selection of Alternative Lands that will be
taken into trust by the Secretary;
(7) it is in the best interests of the Tribes and legally
necessary for the landowners that the Congress provide for a
land settlement agreement by passage of this Act; and
(8) it is in the best interests of the Tribes that the
described Alternative Lands be taken into trust as part of the
settlement of the land claim.
(b) Purposes.--The purposes of this Act are--
(1) to settle the land claims of the Tribes against the
landowners; and
(2) to direct the Secretary to take into trust for the
benefit of the Tribes the Alternative Lands in settlement of
the Tribes' land claims.
SEC. 2. DEFINITIONS.
For purposes of this Act, the following definitions apply:
(1) Alternative lands.--The term ``Alternative Lands''
means the following:
(A) The lands chosen and acquired by the Community
for transfer to the United States to be held in trust
for the Community as part of the settlement of the
claims of the Community to the Charlotte Beach Lands.
These Alternative Lands, comprising 21.55 acres, more
or less, are located in Vanderbilt, Michigan, and are
more particularly described as a parcel of land on part
of the NW \1/4\ Section 22, T32N, R3W, Village of
Vanderbilt, Otsego County, Michigan, described as
beginning at the northwest corner of said Section 22;
thence S88 deg. 15'18"E, 1321.66' along the north line
of said Section 22; thence S00 deg.06'15"E, 271.37'
along the westerly \1/8\ line of said Section 22;
thence 511.42' along a curve to the left, said curve
having a radius of 5844.58', delta angle of
5 deg.00'48", a long chord of 511.26', bearing
S22 deg.58'20"W, along the Westerly line of limited
access highway I-75; thence N88 deg.15'18"W, 1121.33';
thence N00 deg.05'27"W, 748.19' to the point of
beginning, containing 21.55 acres more or less and
being subject to highway easements of varying widths as
shown on attached Certificate of Survey, also subject
to any other easements or restrictions of record, if
any, Otsego County Records.
(B) The lands chosen and acquired by the Sault
Tribe for transfer to the United States in trust for
the Sault Tribe as a part of the settlement of the
potential claims of the Sault Tribe to the Charlotte
Beach Lands. These Alternative Lands--
(i) shall comprise a single parcel not to
exceed 25 acres;
(ii) shall be located within the exterior
boundaries of the State of Michigan;
(iii) shall be located north of the
boundary formed by beginning on the shore of
Lake Huron directly east of Michigan State
Highway 46, then heading west to the eastern
most point of Michigan State Highway 46, then
heading westerly on Michigan State Highway 46,
then heading southerly on Michigan State
Highway 13, then heading westerly on Michigan
State Highway 21 to the westernmost point of
Michigan State Highway 21, then heading
westerly to the easternmost point of Michigan
State Highway 45, then heading westerly on
Michigan State Highway 45 to the westernmost
point of Michigan State Highway 45 to the shore
of Lake Michigan;
(iv) shall not be located closer than 25
miles from the Alternative Lands described in
subparagraph (A) and lands that are held in
trust for any tribe other than the Sault Tribe
on the date of the enactment of this Act; and
(v) shall be located within lands
previously ceded to the United States
Government by the Ottawa and Chippewa nations
of Indians under the Treaty of March 28, 1836
(7 Stat. 491).
(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) Community.--The term ``Community'' means the Bay Mills
Indian Community, a federally recognized Indian tribe.
(4) Sault tribe.--The term ``Sault Tribe'' means the Sault
Ste. Marie Tribe of Chippewa Indians, a federally recognized
Indian tribe.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) Tribes.--The term ``Tribes'' means the Community and
the Sault Tribe.
SEC. 3. ACCEPTANCE OF ALTERNATIVE LANDS.
(a) By the Community.--Upon relinquishment by the Community of any
and all claims to the Charlotte Beach Lands and dismissal with
prejudice of Bay Mills Indian Community v. Western Life Assurance
Company et al., Case No. 2:96-CV-275, United States District Court for
the Western District of Michigan-Northern Division and Bay Mills Indian
Community v. State of Michigan et al., Michigan Court of Claims, File
No. 96-16482-CM--
(1) the Secretary shall take the Alternative Lands
described in section 2(1)(A) into trust for the benefit of the
Community as part of the settlement of the Community's claims
to the Charlotte Beach Lands; and
(2) the Alternative Lands described in section 2(1)(A)
shall become part of the Community's reservation.
(b) By the Sault Tribe.--The Secretary shall take the Alternative
Lands described in section 2(1)(B) into trust for the benefit of the
Sault Tribe as settlement of the Sault Tribe's claims to the Charlotte
Beach Lands. Upon the taking of the Alternative Lands into trust, any
and all potential claims of the Sault Tribe in and to the Charlotte
Beach Lands shall be relinquished and extinguished thereby, and the
lands taken into trust shall become part of the Sault Tribe's
reservation.
(c) Settlement of Land Claims.--The Alternative Lands are taken
into trust as provided in this section as part of the settlement of
land claims of the Tribes within the meaning of section 20(b)(1)(B)(i)
of Public Law 100-497.
SEC. 4. EXTINGUISHMENT OF TITLE AND CLAIMS.
(a) Approval and Ratification of Prior Transfers.--Any transfer,
before the date of the enactment of this Act, of land or natural
resources located within the boundaries of the Charlotte Beach Lands
from, by, or on behalf of any Indian, Indian nation, or tribe or band
of Indians (including the 2 bands of the Sault Ste. Marie Ottawa and
Chippewa Indians of Michigan of which O-shaw-wan-no and Sha-wan were
chiefs) or any member thereof, shall be deemed to have been made in
accordance with the Constitution and all laws of the United States,
including without limitation, the Trade and Intercourse Act of 1790,
Act of July 22, 1790 (ch. 33, sec. 4; 1 Stat. 137), and Congress hereby
does approve and ratify such transfers effective as of the date of such
transfers.
(b) Aboriginal Title Extinguished.--
(1) In general.--Except as provided by paragraph (2), any
aboriginal title held by any Indian, Indian nation, or tribe or
band of Indians (including the 2 bands of the Sault Ste. Marie Ottawa
and Chippewa Indians of Michigan of which O-shaw-wan-no and Sha-wan
were chiefs and their members) to any land or natural resources, the
transfer of which was approved and ratified by subsection (a), shall be
regarded as extinguished as of the date of such transfer.
(2) The tribes.--To the extent that the Charlotte Beach
Lands involve land or natural resources to which the Tribes had
aboriginal title, relinquishment by the Tribes under section 3
shall be regarded as an extinguishment of such aboriginal
title.
(c) Extinguishment of Claims.--
(1) In general.--Except as provided by paragraph (2), any
claim (including any claim for damages for trespass, use, or
occupancy) by, or on behalf of, any member of any Indian,
Indian nation, or tribe or band of Indians (including the 2
bands of the Sault Ste. Marie Ottawa and Chippewa Indians of
Michigan of which O-shaw-wan-no and Sha-wan were chiefs) or any
member thereof against the United States, any State or
subdivision thereof or any other person which is based on--
(A) any interest in or right involving any land or
natural resources of which was approved and ratified by
subsection (a); or
(B) any aboriginal title to land or natural
resources the extinguishment of which was effected by
subsection (b),
shall be regarded as extinguished as of the date of any such
transfer.
(2) The tribes.--Any transfer of land within the State of
Michigan to the Secretary to be taken in trust for the
Community or the Sault Tribe under this Act shall be
conditioned upon the Secretary's receipt of duly enacted
resolutions of the elected tribal council of the Community and
the Sault Tribe agreeing to the extinguishment of all claims
against the United States, the State of Michigan or any
subdivision thereof, or any person or entity by the Community
or the Sault Tribe based on the claims to the Charlotte Beach
Lands (including without limitation, claims for trespass
damages, use, or occupancy) as provided in this Act, and
agreeing to the extinguishment of any claims against the United
States based on the enactment of this Act. The extinguishment
of these claims is in consideration for the benefits to the
Community and the Sault Tribe under this Act.
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