I

107TH CONGRESS

1ST SESSION H. R. 1634

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.

IN THE HOUSE OF REPRESENTATIVES

APRIL 26, 2001

Mr. STUPAK 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 and the Sault

Ste. Marie Tribe of Chippewa Indians.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Charlotte Beach Land

5 Claims Settlement Act’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds the following:

8 (1) The Bay Mills Indian Community has a

9 valid interest in certain lands in the Charlotte Beach
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1 area of Chippewa County, Michigan, that are located

2 within the Community’s traditional homelands.

3 (2) The Sault Ste. Marie Tribe may have a

4 valid interest in certain lands in the Charlotte Beach

5 area of Chippewa County, Michigan, that are located

6 within the Tribe’s traditional homelands.

7 (3) The Community filed a lawsuit against cer8 tain landowners to ascertain ownership of lands that

9 were once owned and held in trust by the State of

10 Michigan for the Community but which were sold by

11 the State without the consent of the Tribes or the

12 United States.

13 (4) The landowners now hold clouded title to

14 such lands and want to clear their title to the lands.

15 (5) The Community has agreed to relinquish its

16 interests in the Charlotte Beach Lands in return for

17 its selection of Alternative Lands that will be taken

18 into trust by the Secretary.

19 (6) The Sault Ste. Marie Tribe has agreed not

20 to assert its potential claim of interest in the Char21 lotte Beach Lands in return for its selection of Al22 ternative Lands that will be taken into trust by the

23 Secretary.

24 (7) It is in the best interests of the Tribes and

25 legally necessary for the landowners that the Con-
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1 gress provide for a land settlement agreement by

2 passage of this Act.

3 (8) It is in the best interests of the Tribes that

4 the described Alternative Lands be taken into trust

5 as part of the settlement of the land claim.

6 (b) PURPOSES.—The purposes of this Act are as fol7 lows:

8 (1) To settle the land claims of the Tribes

9 against the landowners.

10 (2) To direct the Secretary to take into trust

11 for the benefit of the Tribes the Alternative Lands

12 in settlement of the Tribes’ land claims.

13 SEC. 3. DEFINITIONS.

14 For purposes of this Act, the following definitions

15 apply:

16 (1) ALTERNATIVE LANDS.—The term ‘‘Alter17 native Lands’’ means the following:

18 (A) The lands chosen and acquired by the

19 Community for transfer to the United States to

20 be held in trust for the Community as part of

21 the settlement of the claims of the Community

22 to the Charlotte Beach Lands. These Alter23 native Lands, comprising 21.55 acres, more or

24 less, are located in Vanderbilt, Michigan, and

25 are more particularly described in the Commu-
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1 nity’s March 1999 Trust and Reservation Ac2 quisition Request submitted to the Minneapolis

3 Office of the Bureau of Indian Affairs.

4 (B) The lands chosen and acquired by the

5 Sault Tribe for transfer to the United States in

6 trust for the Sault Tribe as a part of the settle7 ment of the potential claims of the Sault Tribe

8 to the Charlotte Beach Lands.

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

13 7, T45N, R2E, and Lot 1 of section 18, T45N,

14 R2E, 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) SAULT TRIBE.—The term ‘‘Sault Tribe’’

19 means the Sault Ste. Marie Tribe of Chippewa Indi20 ans, a federally recognized Indian tribe.

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

22 the Secretary of the Interior.

23 (6) TRIBES.—The term ‘‘Tribes’’ means the

24 Community and the Sault Tribe.
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1 SEC. 4. ACCEPTANCE OF ALTERNATIVE LANDS.

2 (a) BY THE COMMUNITY.—Upon relinquishment by

3 the Community of any and all claims to the Charlotte

4 Beach Lands and dismissal with prejudice of Bay Mills

5 Indian Community v. Western Life Assurance Company

6 et al., Case No. 2:96–CV–275, United States District

7 Court for the Western District of Michigan-Northern Divi8 sion and Bay Mills Indian Community v. State of Michi9 gan et al., Michigan Court of Claims, File No. 96–16482–

10 CM—

11 (1) the Secretary shall take the Alternative

12 Lands described in section 3(1)(A) into trust for the

13 benefit of the Community as part of the settlement

14 of the Community’s claims to the Charlotte Beach

15 Lands; and

16 (2) the Alternative Lands described in section

17 3(1)(A) shall become part of the Community’s res18 ervation.

19 (b) BY THE SAULT TRIBE.—The Secretary shall take

20 the Alternative Lands described in section 3(1)(B) into

21 trust for the benefit of the Sault Tribe as settlement of

22 the Sault Tribe’s claims to the Charlotte Beach Lands.

23 Upon the taking of the Alternative Lands into trust, any

24 and all potential claims of the Sault Tribe in and to the

25 Charlotte Beach Lands shall be relinquished and extin-
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1 guished thereby, and the lands taken into trust shall be2 come part of the Sault Tribe’s reservation.

3 (c) SETTLEMENT OF LAND CLAIMS.—The Alter4 native Lands are taken into trust as provided in this sec5 tion as part of the settlement of land claims of the Tribes

6 within the meaning of section 20(b)(1)(B)(i) of Public

7 Law 100–497.

8 SEC. 5. EXTINGUISHMENT OF TITLE AND CLAIMS.

9 (a) APPROVAL AND RATIFICATION OF PRIOR TRANS10 FERS.—Any transfer, before the date of the enactment of

11 this Act, of land or natural resources located within the

12 boundaries of the Charlotte Beach Lands from, by, or on

13 behalf of any Indian, Indian nation, or tribe or band of

14 Indians (including the 2 bands of the Sault Ste. Marie

15 Ottawa and Chippewa Indians of Michigan of which O16 shaw-wan-no and Sha-wan were chiefs) or any member

17 thereof, shall be deemed to have been made in accordance

18 with the Constitution and all laws of the United States,

19 including without limitation, the Trade and Intercourse

20 Act of 1790, Act of July 22, 1790 (ch. 33, sec. 4; 1 Stat.

21 137), and Congress hereby does approve and ratify such

22 transfers effective as of the date of such transfers.

23 (b) ABORIGINAL TITLE EXTINGUISHED.—

24 (1) IN GENERAL.—Except as provided by para25 graph (2), any aboriginal title held by any Indian,
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1 Indian nation, or tribe or band of Indians (including

2 the 2 bands of the Sault Ste. Marie Ottawa and

3 Chippewa Indians of Michigan of which O-shaw4 wan-no and Sha-wan were chiefs and their members)

5 to any land or natural resources, the transfer of

6 which was approved and ratified by subsection (a),

7 shall be regarded as extinguished as of the date of

8 such transfer.

9 (2) THE TRIBES.—To the extent that the Char10 lotte Beach Lands involve land or natural resources

11 to which the Tribes had aboriginal title, relinquish12 ment by the Tribes under section 4 shall be regarded

13 as an extinguishment of such aboriginal title.

14 (c) EXTINGUISHMENT OF CLAIMS.—

15 (1) IN GENERAL.—Except as provided by para16 graph (2), any claim (including any claim for dam17 ages for trespass, use, or occupancy) by, or on be18 half of, any member of any Indian, Indian nation,

19 or tribe or band of Indians (including the 2 bands

20 of the Sault Ste. Marie Ottawa and Chippewa Indi21 ans of Michigan of which O-shaw-wan-no and Sha22 wan were chiefs) or any member thereof against the

23 United States, any State or subdivision thereof or

24 any other person which is based on—
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1 (A) any interest in or right involving any

2 land or natural resources of which was ap3 proved and ratified by subsection (a), or

4 (B) any aboriginal title to land or natural

5 resources the extinguishment of which was ef6 fected by subsection (b),

7 shall be regarded as extinguished as of the date of any

8 such transfer.

9 (2) THE TRIBES.—All claims of the Tribes

10 against the United States, the State of Michigan, or

11 any other person or entity based on claims to the

12 Charlotte Beach Lands (including without limita13 tion, claims for trespass damages, use, or occu14 pancy) shall be deemed to have been extinguished as

15 of the date of relinquishment by the Tribes under

16 section 4.

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