69–006 

110TH CONGRESS REPT. 110–542 " ! HOUSE OF REPRESENTATIVES 2d Session Part 1 

TO PROVIDE FOR AND APPROVE THE SETTLEMENT OF 

CERTAIN LAND CLAIMS OF THE SAULT STE. MARIE 

TRIBE OF CHIPPEWA INDIANS 

MARCH 6, 2008.—Ordered to be printed 

Mr. RAHALL, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 4115] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 4115) to provide for and approve the settlement of certain 

land claims of the Sault Ste. Marie Tribe of Chippewa Indians, 

having considered the same, report favorably thereon with an 

amendment and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. ACCEPTANCE OF ALTERNATIVE LANDS AND EXTINGUISHMENT OF CLAIMS. 

(a) 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) 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. 


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(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. 

PURPOSE OF THE BILL

The purpose of H.R. 4115 is to provide for and approve the settlement of certain land claims of the Sault Ste. Marie Tribe of Chippewa Indians. 

BACKGROUND AND NEED

The Sault Ste. Marie Tribe of Chippewa Indians is a federally 

recognized Indian tribe, which adopted a constitution and form of 

government pursuant to the Indian Reorganization Act of 1934. 

During the second half of the 20th century, the Tribe worked to be 

federally recognized as a distinct Indian community which at the 

time was known as the Sugar Island Indians. In the mid-1960’s the 

Tribe changed their name to the Original Band of Chippewa Indians and their Heirs. Upon being granted federal recognition in 

1972, the Tribe became known as the Sault Ste. Marie Tribe of 

Chippewa Indians. Currently, the Tribe’s membership stands at approximately 29,000 tribal members. 

The present-day Tribe’s ancestors lived in semi-autonomous 

bands of Chippewa Indians on the shores of the Upper Great Lakes 

in what is now Michigan and Ontario. Beginning in the mid-1600’s 

the French and British established trading sites in these areas to 

trade with the local Indians. The Tribe’s ancestors signed a peace 


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treaty with the United States in 1795 to end fighting on the U.S. 

western frontier. 

By 1836, many Chippewa bands had formed personal relationships with European settlers resulting in intermarriage and economic interdependence. Around this time a treaty was signed 

which identified the bands as ‘‘the six bands residing at or near 

Sault Ste. Marie.’’ Historians further identified the bands by location as: (1) St. Mary’s River Rapids; (2) Waiskey Bay; (3) 

Tahquamenon River mouth; (4) Whitefish Bay; (5) Garden River 

and Sugar Island; and (6) Hay Lake area of St. Mary’s River, which 

is now known as Charlotte Beach. 

The settlement agreement ratified by this legislation would settle 

the longstanding land claim the Tribe has to 110 acres in Charlotte 

Beach. These lands were designated for withdrawal from the public 

domain for use by the Ottawa and Chippewa Indians pursuant to 

the 1855 Treaty of Detroit. In 1857, the lands were deeded to the 

Governor to be held in trust for the ancestral bands of the Tribe. 

These lands were eventually illegally sold for unpaid taxes, and 

without the consent of the United States nor the knowledge of the 

bands. Currently, some 100 non-Indian landowners live on the 

Charlotte Beach land under a clouded title, unable to acquire insurance and with depressed land values. 

In 1996 the Bay Mills Indian Community filed suit in federal 

court against the current titleholders of the land in Charlotte 

Beach and also filed suit against the State of Michigan in the state 

court of claims. The federal case was dismissed on procedural 

grounds that the suit did not include other parties holding a similar claim, meaning the Sault Ste. Marie Tribe. This decision was 

affirmed on appeal; however, the court ruled that the Sault Ste. 

Marie Tribe of Chippewa Indians and the Bay Mills Indian Community both trace their ancestry to the bands named in the deed 

when the lands in question were held by the state. The state case 

was dismissed for failure to bring the claim within the state’s statute of limitations. In 2002, the Sault Ste. Marie Tribe entered into 

negotiations to settle their part of the land claim with the State of 

Michigan. 

Congress has the sole authority and responsibility to extinguish 

a land claim brought by an Indian tribe. 

Settlement agreement 

Two Governors of the State of Michigan have signed a settlement 

agreement with the Sault Ste. Marie Tribe. Governor John Engler 

signed a settlement agreement on behalf of the state on December 

20, 2002. Governor Jennifer Granholm signed an addendum to that 

settlement agreement on November 14, 2007. In a letter to the 

Committee on Resources on June 23, 2004, Governor Engler wrote, 

‘‘As Governor of Michigan, it was my duty to negotiate the land settlement agreements between the State of Michigan and Bay Mills 

and the Sault Tribe in 2002.’’

The settlement agreement signed between the Sault Ste. Marie 

Tribe and the Governor of Michigan would: 

—Relinquish the Tribe’s claim to the lands in Charlotte 

Beach in return for certain land to be taken into trust in one 

of three areas including Monroe County, within the City of 

Romulus, or within the City of Flint, Michigan; 


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—Allow for gaming to be conducted on the lands taken into 

trust; —Provide a formula through which a percentage of net win 

revenue of electronic games would go to the State; —Ratify a limitation of six as the total number of casinos the 

Tribe could operate in Michigan. 

COMMITTEE ACTION

H.R. 4115 was introduced by Rep. John Dingell (D–MI) for himself and Rep. Bart Stupak (D–MI) on November 8, 2007, and was 

referred to the Committee on Natural Resources. 

The Committee on Natural Resources held a hearing on the bill 

on February 6, 2008. A markup session was held by the Committee 

on February 13, 2008. Chairman Nick Rahall II (D–WV) offered an 

en bloc amendment to ensure compliance with the National Environmental Policy Act (NEPA), and to add to the bill the date of the 

addendum to the settlement of land agreement signed by the Sault 

Ste. Marie Tribe and Governor Jennifer Granholm. Further, the en 

bloc amendment clarifies that all claims against the United States, 

State of Michigan, or any other person be extinguished concurrent 

with the Secretary taking land into trust for the Tribe, provided all 

claims have also been extinguished for the Bay Mills Indian Community regarding the same lands in Charlotte Beach. Chairman 

Rahall’s en bloc amendment was agreed to by voice vote. 

Rep. Heller (R–NV) offered an amendment to the bill which 

would delete Sec. 2(b) from the bill. Sec. 2(b) designates that lands 

taken into trust pursuant to this legislation would be deemed obtained in the settlement of a land claim under the Indian Gaming 

Regulatory Act (IGRA). Rep. Heller’s amendment failed by a rollcall vote of 5 yeas and 21 nays, as follows: 


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Rep. Dean Heller (R–NV) also offered an amendment to the bill 

to authorize, rather than direct, the Secretary of Interior to take 

lands into trust for the Community. Further, the amendment 

would delete the provision of the bill which deems the lands taken 

into trust as part of a land settlement under the Indian Gaming 

Regulatory Act. In addition, the amendment would, prior to gaming 

activities commencing, require the Secretary to consult with nearby 

state, local and tribal officials to determine if the land acquisition 

is in the best interest of the Sault Ste. Marie Tribe and the surrounding communities. It would further require the Governor to 

concur with the determination as required in IGRA Sec. 20(b)(1)(A). 

Finally, the amendment would require the Secretary of the Interior 

to give greater scrutiny in reviewing the Secretary’s findings then 

currently required by regulation. Rep. Heller’s amendment failed 

by a rollcall vote of 6 yeas and 20 nays, as follows: 


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The Committee on Natural Resources then ordered H.R. 4115 favorably reported to the House of Representatives, as amended, by 

a rollcall vote of 22 yeas and 5 nays, as follows: 


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SECTION-BY-SECTION ANALYSIS

Section 1. Acceptance of alternative lands and extinguishment of 

claims 

Section 1(a) provides the definitions of terms used in the bill including ‘‘Alternative Lands’’, ‘‘Charlotte Beach Lands,’’ ‘‘Secretary,’’

‘‘Settlement of Land Claim,’’ and ‘‘Tribe.’’

Section 1(b) provides direction to the Secretary of the Interior to 

take lands into trust for the Tribe within 30 days of receiving a 

title insurance policy proving the lands to be free of mortgages, 

liens, or other security interests. The specific lands to be placed in 

trust are identified in the Settlement of Land Claim Agreement between the Governor of Michigan and the Tribe and include lands 

within Monroe County, the City of Romulus, or the city of Flint. 

Further, this section provides for the lands to be considered part 

of the reservation of the Sault Ste. Marie Tribe of Chippewa Indians. 

Section 1(c) provides the lands taken in trust be deemed as obtained as part of a land settlement within the meaning of section 

20(b)(1)(B)(I) of the Indian Gaming Regulatory Act (25U.S.C. 2719). 

Section 1(d) provides that all claims against the United States, 

the State of Michigan, or any other person by the Sault Ste. Marie 

Tribe of Chippewa Indians relating to the Charlotte Beach lands, 

be extinguished concurrent with the Secretary taking land into 

trust for the Tribe. 

Section 1(e) provides for the effectuation and ratification of the 

Settlement of Land Claim signed between the State of Michigan 

and the Sault Ste. Marie Tribe of Chippewa Indians dated December 20, 2002 as well as the Addendum signed between the parties 

on November 14, 2007. In addition, this section provides that this 

settlement agreement is not intended to set a precedent. Finally, 

this section provides the U.S. District Court for the Western District of Michigan with jurisdiction over enforcement of the settlement agreement. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(e)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article 1, section 8, clause 3, of the Constitution of the United 

States grants Congress the authority to enact this legislation. 

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 


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2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any provision that would increase direct spending. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to provide for and approve the settlement of certain 

land claims of the Sault Ste. Marie Tribe of Chippewa Indians. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 4115—A bill to provide for and approve the settlement of certain land claims of the Sault Ste. Marie Tribe of Chippewa Indians 

H.R. 4115 would ratify an agreement between the state of Michigan and the Sault St. Marie Tribe of Chippewa Indians regarding 

the tribe’s claim to land in northern Michigan, known as Charlotte 

Beach. CBO estimates that implementing this bill would have no 

significant effect on the federal budget. 

H.R. 4115 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

The agreement that would be ratified by the bill stipulates that 

the tribe relinquish all claims to Charlotte Beach and that Michigan give the tribe two alternative parcels of land near Detroit, 

Michigan. The legislation would require the Secretary of the Interior to take the land into trust for the tribe and proclaim that land 

to be part of the tribe’s reservation, provided that certain conditions are met. According to information from the Bureau of Indian 

Affairs and the tribe, the lands would primarily be used for gaming 

purposes. 

The staff contact for this estimate is Leigh Angres. The estimate 

was approved by Theresa Gullo, Deputy Assistant Director for 

Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

EARMARK STATEMENT

H.R. 4115 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e) 

or 9(f) of rule XXI. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill does not preempt state, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law. 


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