H.R. 5459 (107th): To provide for and approve the settlement of certain land claims of the Bay Mills Indian Community.

107th Congress, 2001–2002. Text as of Sep 25, 2002 (Introduced).

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HR 5459 IH

107th CONGRESS

2d Session

H. R. 5459

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

IN THE HOUSE OF REPRESENTATIVES

September 25, 2002

Mr. BONIOR introduced the following bill; which was referred to the Committee on Resources


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.

      (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- Upon the date of enactment of this Act--

      (1) the Secretary shall take the alternative lands into trust for the benefit of the Community within 30 days of receiving a title insurance policy for the alternative lands which shows that the alternative lands are not subject to mortgages, liens, deeds of trust, options to purchase, or other security interests; and

      (2) the alternative lands shall become part of the Community’s reservation immediately upon attaining trust status.

    (b) GAMING- The alternative lands are to 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- Upon the date of enactment of this Act, 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.

    The United States approves, ratifies, and confirms the Settlement of Land Claim. The terms of this Settlement of Land Claim are hereby incorporated into this Act and those terms shall be in full force and effect. The Settlement of Land Claim is hereby made enforceable by either the Community or the Governor according to its terms. Exclusive jurisdiction over any such action is hereby vested in the United States District Court for the Western District of Michigan. The Secretary shall publish the text of the Settlement of Land Claim in the Federal Register.