[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5459 Introduced in House (IH)]






107th CONGRESS
  2d Session
                                H. R. 5459

To provide for and approve the settlement of certain land claims of the 
                      Bay Mills Indian Community.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 25, 2002

  Mr. Bonior 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. 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) Community.--The term ``Community'' means the Bay Mills 
        Indian Community, a federally recognized Indian tribe.
            (4) Settlement of land claim.--The term ``Settlement of 
        Land Claim'' means the agreement between the Community and the 
        Governor of the State of Michigan executed on August 23, 2002, 
        and filed with the Office of Secretary of State of the State of 
        Michigan.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 2. ACCEPTANCE OF ALTERNATIVE LANDS AND EXTINGUISHMENT OF CLAIMS.

    (a) Land Into Trust; Part of Reservation.--Upon the date of 
enactment of this Act--
            (1) the Secretary shall take the alternative lands into 
        trust for the benefit of the Community within 30 days of 
        receiving a title insurance policy for the alternative lands 
        which shows that the alternative lands are not subject to 
        mortgages, liens, deeds of trust, options to purchase, or other 
        security interests; and
            (2) the alternative lands shall become part of the 
        Community's reservation immediately upon attaining trust 
        status.
    (b) Gaming.--The alternative lands are to be taken into trust as 
provided in this section as part of the settlement and extinguishment 
of the Community'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; Public Law 100-497).
    (c) Extinguishment of Claims.--Upon the date of enactment of this 
Act, any and all claims by the Community 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 Community 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 to the Community under this Act.

SEC. 3. EFFECTUATION AND RATIFICATION OF AGREEMENT.

    The United States approves, ratifies, and confirms the Settlement 
of Land Claim. The terms of this Settlement of Land Claim are hereby 
incorporated into this Act and those terms shall be in full force and 
effect. The Settlement of Land Claim is hereby made enforceable by 
either the Community or the Governor according to its terms. Exclusive 
jurisdiction over any such action is hereby vested in the United States 
District Court for the Western District of Michigan. The Secretary 
shall publish the text of the Settlement of Land Claim in the Federal 
Register.
                                 <all>