[House Report 110-732]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-732
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2176) TO PROVIDE FOR AND
APPROVE THE SETTLEMENT OF CERTAIN LAND CLAIMS OF THE BAY MILLS INDIAN
COMMUNITY
_______
June 24, 2008.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Hastings of Florida, from the Committee on Rules, submitted the
following
R E P O R T
[To accompany H. Res. 1298]
The Committee on Rules, having had under consideration
House Resolution 1298, by a nonrecord vote report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 2176, to
provide for and approve the settlement of certain land claims
of the Bay Mills Indian Community, under a closed rule
providing one hour of debate in the House, with 40 minutes
equally divided and controlled by the chairman and ranking
minority member of the Committee on Natural Resources, and 20
minutes equally divided and controlled by the chairman and
ranking minority member of the Committee on the Judiciary.
The rule waives all points of order against consideration
of the bill except for clauses 9 and 10 of rule XXI. In lieu of
the amendment in the nature of a substitute recommended by the
Committee on Natural Resources now printed in the bill, the
amendment in the nature of a substitute printed in this report
shall be considered as adopted. The rule waives all points of
order against provisions of the bill, as amended, and provides
that the bill, as amended, shall be considered as read. This
waiver does not affect the point of order available under
clause 9 of rule XXI (regarding earmark disclosure). The rule
provides one motion to recommit with or without instructions.
Finally, the rule provides that the Chair may postpone further
consideration of the bill to a time designated by the Speaker.
EXPLANATION OF WAIVERS
Although the rule waives all points of order against
consideration of the bill (except for clauses 9 and 10 of rule
XXI), the Committee is not aware of any points of order. The
waiver of all points of order is prophylactic. The waiver of
all points of order against provisions of the bill, as amended,
includes a waiver of clause 7 of rule XVI regarding
germaneness.
SUMMARY OF AMENDMENT IN THE NATURE OF A SUBSTITUTE CONSIDERED AS
ADOPTED
The amendment in the nature of a substitute consists of the
text of H.R. 2176, to provide for and approve the settlement of
certain land claims of the Bay Mills Indian Community and the
text of H.R. 4115, to provide for and approve the settlement of
certain land claims of the Sault Ste. Marie Tribe of Chippewa
Indians as reported by the Committee on Natural Resources on
March 6, 2008.
TEXT OF AMENDMENT IN THE NATURE OF A SUBSTITUTE CONSIDERED AS ADOPTED
Strike all after the enacting clause and insert the
following:
TITLE I--BAY MILLS INDIAN COMMUNITY
SEC. 101. DEFINITIONS.
For the purposes of this title, 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. 102. 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. 103. 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.
TITLE II--SAULT STE. MARIE TRIBE OF CHIPPEWA INDIANS
SEC. 201. ACCEPTANCE OF ALTERNATIVE LANDS AND EXTINGUISHMENT OF CLAIMS.
(a) Definitions.--For the purposes of this title, 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.
Amend the title so as to read: ``A bill to provide for and
approve the settlement of certain land claims of the Bay Mills
Indian Community and the Sault Ste. Marie Tribe of Chippewa
Indians.''.