IB 

Union Calendar No. 345 

110TH CONGRESS 

2D SESSION H. R. 2176 

[Report No. 110–541, Parts I and II] 

To provide for and approve the settlement of certain land claims of the 

Bay Mills Indian Community. 

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. 


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•HR 2176 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. DEFINITIONS. 

4 For the purposes of this Act, the following definitions 

5 apply: 

6 (1) ALTERNATIVE LANDS.—The term ‘‘alter7 native lands’’ means those lands identified as alter8 native lands in the Settlement of Land Claim. 

9 (2) CHARLOTTE BEACH LANDS.—The term 

10 ‘‘Charlotte Beach lands’’ means those lands in the 

11 Charlotte Beach area of Michigan and described as 

12 follows: Government Lots 1, 2, 3, and 4 of Section 7, 

13 T45N, R2E, and Lot 1 of Section 18, T45N, R2E, 

14 Chippewa County, State of Michigan. 

15 (3) COMMUNITY.—The term ‘‘Community’’ 

16 means the Bay Mills Indian Community, a federally 

17 recognized Indian tribe. 

18 (4) SETTLEMENT OF LAND CLAIM.—The term 

19 ‘‘Settlement of Land Claim’’ means the agreement be20 tween the Community and the Governor of the State 

21 of Michigan executed on August 23, 2002, and filed 

22 with the Office of Secretary of State of the State of 

23 Michigan, including the document titled ‘‘Addendum 

24 to Settlement of Land Claim’’, executed by the parties 

25 on November 13, 2007. 


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1 (5) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 SEC. 2. ACCEPTANCE OF ALTERNATIVE LANDS AND EXTIN4 GUISHMENT OF CLAIMS. 

5 (a) LAND INTO TRUST; PART OF RESERVATION.— 

6 (1) LAND INTO TRUST.—The Secretary shall take 

7 the alternative lands into trust for the benefit of the 

8 Community not later than 30 days after both of the 

9 following have occurred: 

10 (A) The Secretary has received a title insur11 ance policy for the alternative lands that shows 

12 that the alternative lands are not subject to 

13 mortgages, liens, deeds of trust, options to pur14 chase, or other security interests. 

15 (B) The Secretary has confirmed that the 

16 National Environmental Policy Act of 1969 has 

17 been complied with regarding the trust acquisi18 tion of the property. 

19 (2) PART OF RESERVATION.—The alternative 

20 lands shall become part of the Community’s reserva21 tion immediately upon attaining trust status. 

22 (b) GAMING.—The alternative lands shall be taken into 

23 trust as provided in this section as part of the settlement 

24 and extinguishment of the Community’s Charlotte Beach 

25 land claims, and so shall be deemed lands obtained in settleVerDate Aug 31 2005 22:11 Apr 04, 2008 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H2176.RH H2176

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•HR 2176 RH

1 ment of a land claim within the meaning of section 

2 20(b)(1)(B)(i) of the Indian Gaming Regulatory Act (25 

3 U.S.C. 2719; Public Law 100–497). 

4 (c) EXTINGUISHMENT OF CLAIMS.—Concurrent with 

5 the Secretary taking the alternative lands into trust under 

6 subsection (a), any and all claims by the Community to 

7 the Charlotte Beach lands or against the United States, the 

8 State of Michigan or any subdivision thereof, the Governor 

9 of the State of Michigan, or any other person or entity by 

10 the Community based on or relating to claims to the Char11 lotte Beach lands (including without limitation, claims for 

12 trespass damages, use, or occupancy), whether based on ab13 original or recognized title, are hereby extinguished. The ex14 tinguishment of these claims is in consideration for the ben15 efits to the Community under this Act. 

16 SEC. 3. EFFECTUATION AND RATIFICATION OF AGREE17 MENT. 

18 (a) RATIFICATION.—The United States approves and 

19 ratifies the Settlement of Land Claim, except that the last 

20 sentence in section 10 of the Settlement of Land Claim is 

21 hereby deleted. 

22 (b) NOT PRECEDENT.—The provisions contained in 

23 the Settlement of Land Claim are unique and shall not be 

24 considered precedent for any future agreement between any 

25 tribe and State. 


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1 (c) ENFORCEMENT.—The Settlement of Land Claim 

2 shall be enforceable by either the Community or the Gov3 ernor according to its terms. Exclusive jurisdiction over any 

4 enforcement action is vested in the United States District 

5 Court for the Western District of Michigan. 


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Union Calendar No. 345 

110TH CONGRESS 

2D SESSION H. R. 2176 

[Report No. 110

–541, Parts I and II] 

A BILL 

To provide for and approve the settlement of cernity. tain land claims of the Bay Mills Indian CommuAPRIL 4, 2008 

Reported adversely from the Committee on the Judiciary; 

the State of the Union and ordered to be printed committed to the Committee of the Whole House on 


wwoods2 on PRODPC68 with BILLS