[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4115 Reported in House (RH)]






                                                 Union Calendar No. 346
110th CONGRESS
  2d Session
                                H. R. 4115

                  [Report No. 110-542, Parts I and II]

To provide for and approve the settlement of certain land claims of the 
              Sault Ste. Marie Tribe of Chippewa Indians.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 8, 2007

Mr. Dingell (for himself and Mr. Stupak) 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

 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 
                           November 8, 2007]

_______________________________________________________________________

                                 A BILL


 
To provide for and approve the settlement of certain land claims of 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. ACCEPTANCE OF ALTERNATIVE LANDS AND EXTINGUISHMENT OF 
              CLAIMS.

    (a) 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) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Settlement of land claim.--The term ``Settlement of 
        Land Claim'' means the agreement between the Tribe and the 
        Governor of the State of Michigan executed on December 30, 
        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 
        14, 2007.
            (5) Tribe.--The term ``Tribe'' means the Sault Ste. Marie 
        Tribe of Chippewa Indians, a federally recognized Indian tribe.
    (b) Land Into Trust; Part of Reservation.--
            (1) Land into trust.--The Secretary shall take the 
        alternative lands into trust for the benefit of the Tribe 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 Tribe's reservation immediately upon 
        attaining trust status.
    (c) Gaming.--The alternative lands shall be taken into trust as 
provided in this section as part of the settlement and extinguishment 
of the Tribe'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(b)(1)(B)(i)).
    (d) Extinguishment of Claims.--In consideration for the benefits to 
the Tribe under this Act, any and all claims by the Tribe 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 Tribe 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 extinguished upon 
completion of the following:
            (1) The Secretary having taken the alternative lands into 
        trust for the benefit of the Tribe under subsection (b).
            (2) Congressional acceptance of the extinguishment of any 
        and all such claims to the Charlotte Beach lands by the Bay 
        Mills Indian Community.
    (e) Effectuation and Ratification of Agreement.--
            (1) Ratification.--The United States approves and ratifies 
        the Settlement of Land Claim.
            (2) 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 Indian tribe and 
        State.
            (3) Enforcement.--The Settlement of Land Claim shall be 
        enforceable by either the Tribe 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. 346

110th CONGRESS

  2d Session

                               H. R. 4115

                  [Report No. 110-542, Parts I and II]

_______________________________________________________________________

                                 A BILL

To provide for and approve the settlement of certain land claims of the 
              Sault Ste. Marie Tribe of Chippewa Indians.

_______________________________________________________________________

                             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