[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2986 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2986

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 20, 2002

 Ms. Stabenow introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bay Mills Indian Community Land 
Claim Settlement Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Alternative land.--The term ``alternative land'' means 
        the land identified as alternative land in the Settlement of 
        Land Claim.
            (2) Charlotte beach land.--The term ``Charlotte Beach 
        land'' means the land in the Charlotte Beach area of the State, 
        more particularly described as Government Lots 1, 2, 3 and 4 of 
        Section 7, T. 45 N., R. 2 E., and Lot 1 of Section 18, T. 45. 
        N, R. 2 E., Chippewa County, Michigan.
            (3) Community.--The term ``Community'' means the Bay Mills 
        Indian Community of the State, a federally-recognized Indian 
        tribe.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) Settlement of land claim.--The term ``Settlement of 
        Land Claim'' means the agreement between the Community and the 
        Governor of the State executed on August 23, 2002, and filed 
        with the Office of the Secretary of State of the State.
            (6) State.--The term ``State'' means the State of Michigan.

SEC. 3. ACCEPTANCE OF ALTERNATIVE LAND AND EXTINGUISHMENT OF CLAIMS.

    (a) Alternative Land.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, and not later than 30 days after the 
        date on which the Secretary receives a title insurance policy 
        for the alternative land that indicates that the alternative 
        land is not subject to any mortgage, lien, deed of trust, 
        option to purchase, or other security interest, the Secretary 
        shall take the alternative land into trust for the benefit of 
        the Community.
            (2) Reservation.--On attaining trust status under paragraph 
        (1), the alternative land shall become part of the reservation 
        of the Community.
    (b) Land Claim.--The alternative land--
            (1) shall be taken into trust under subsection (a) as part 
        of the settlement and extinguishment of the Charlotte Beach 
        land claims of the Community; and
            (2) shall be deemed to be land 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)).
    (c) Extinguishment of Claims.--
            (1) In general.--As of the date of enactment of this Act, 
        any and all claims by the Community to Charlotte Beach land or 
        against the United States, the State (or any political 
        subdivision of the State), the Governor of the State, or any 
        other person or entity based on or relating to claims to the 
        Charlotte Beach land (including claims for trespass damages, 
        use, or occupancy), whether based on aboriginal or recognized 
        title, are extinguished.
            (2) Consideration.--The extinguishment of claims under 
        paragraph (1) shall be considered to be in consideration for 
        benefits provided the Community under this Act.

SEC. 4. EFFECTUATION AND RATIFICATION OF AGREEMENT.

    (a) In General.--The United States approves the Settlement of Land 
Claim.
    (b) Incorporation of Terms.--The terms of the Settlement of Land 
Claim--
            (1) are incorporated into this Act; and
            (2) shall be in full force and effect.
    (c) Enforcement.--The Settlement of Land Claim may be enforced by 
the Community or the Governor of the State in accordance with the terms 
of the Settlement of Land Claim.
    (d) Jurisdiction.--The United States District Court for the 
District of Michigan shall have exclusive jurisdiction over any action 
under subsection (c) to enforce the Settlement of Land Claim.
    (e) Publication.--The Secretary shall publish the text of the 
Settlement of Land Claim in the Federal Register.
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