[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2176 Reported in House (RH)]






                                                 Union Calendar No. 345
110th CONGRESS
  2d Session
                                H. R. 2176

                  [Report No. 110-541, Parts I and II]

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 3, 2007

  Mr. Stupak (for himself and Mrs. Miller of Michigan) 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

                    Additional sponsor: Mr. Kennedy

                             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 May 3, 
                                 2007]

_______________________________________________________________________

                                 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, including the document titled ``Addendum to 
        Settlement of Land Claim'', executed by the parties on November 
        13, 2007.
            (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.--
            (1) Land into trust.--The Secretary shall take the 
        alternative lands into trust for the benefit of the Community 
        not later than 30 days after both of the following have 
        occurred:
                    (A) 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.
                    (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 Community's reservation immediately upon 
        attaining trust status.
    (b) Gaming.--The alternative lands shall 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.--Concurrent with the Secretary taking 
the alternative lands into trust under subsection (a), 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.

    (a) Ratification.--The United States approves and ratifies the 
Settlement of Land Claim, except that the last sentence in section 10 
of the Settlement of Land Claim is hereby deleted.
    (b) 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 tribe and State.
    (c) Enforcement.--The Settlement of Land Claim shall be enforceable 
by either the Community 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. 345

110th CONGRESS

  2d Session

                               H. R. 2176

                  [Report No. 110-541, Parts I and II]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             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