[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.''.

                                  
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