I 

110TH CONGRESS 

1ST SESSION H. R. 2176 

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 

A BILL 

To provide for and approve the settlement of certain land 

claims of the Bay Mills Indian Community. 

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 

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1 Charlotte Beach area of Michigan and described as 

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

3 7, T45N, R2E, and Lot 1 of Section 18, T45N, 

4 R2E, Chippewa County, State of Michigan. 

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

6 means the Bay Mills Indian Community, a federally 

7 recognized Indian tribe. 

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

9 ‘‘Settlement of Land Claim’’ means the agreement 

10 between the Community and the Governor of the 

11 State of Michigan executed on August 23, 2002, and 

12 filed with the Office of Secretary of State of the 

13 State of Michigan. 

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

15 the Secretary of the Interior. 

16 SEC. 2. ACCEPTANCE OF ALTERNATIVE LANDS AND EXTIN17 GUISHMENT OF CLAIMS. 

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

19 Upon the date of enactment of this Act— 

20 (1) the Secretary shall take the alternative 

21 lands into trust for the benefit of the Community 

22 within 30 days of receiving a title insurance policy 

23 for the alternative lands which shows that the alter24 native lands are not subject to mortgages, liens, 

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1 deeds of trust, options to purchase, or other security 

2 interests; and 

3 (2) the alternative lands shall become part of 

4 the Community’s reservation immediately upon at5 taining trust status. 

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

7 into trust as provided in this section as part of the settle8 ment and extinguishment of the Community’s Charlotte 

9 Beach land claims, and so shall be deemed lands obtained 

10 in settlement of a land claim within the meaning of section 

11 20(b)(1)(B)(i) of the Indian Gaming Regulatory Act (25 

12 U.S.C. 2719; Public Law 100–497). 

13 (c) EXTINGUISHMENT OF CLAIMS.—Upon the date of 

14 enactment of this Act, any and all claims by the Commu15 nity to the Charlotte Beach lands or against the United 

16 States, the State of Michigan or any subdivision thereof, 

17 the Governor of the State of Michigan, or any other person 

18 or entity by the Community based on or relating to claims 

19 to the Charlotte Beach lands (including without limitation, 

20 claims for trespass damages, use, or occupancy), whether 

21 based on aboriginal or recognized title, are hereby extin22 guished. The extinguishment of these claims is in consid23 eration for the benefits to the Community under this Act. 

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1 SEC. 3. EFFECTUATION AND RATIFICATION OF AGREE2 MENT. 

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

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

5 sentence in section 10 of the Settlement of Land Claim 

6 is hereby deleted. 

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

8 the Settlement of Land Claim are unique and shall not 

9 be considered precedent for any future agreement between 

10 any tribe and State. 

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

12 shall be enforceable by either the Community or the Gov13 ernor according to its terms. Exclusive jurisdiction over 

14 any enforcement action is vested in the United States Dis15 trict Court for the Western District of Michigan. 

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