110 HR 2176 RH: To provide for and approve the settlement U.S. House of Representatives 2007-05-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IB Union Calendar No. 345 110th CONGRESS 2d Session H. R. 2176 [Report No. 110–541, Parts I and II] 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.

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.

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.

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.

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