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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Charlotte Beach Land
Claims Settlement Act’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds the following:
(1) The Bay Mills Indian Community has a
valid interest in certain lands in the Charlotte Beach
area of Chippewa County, Michigan, that are located
within the Community’s traditional homelands.
(2) The Sault Ste. Marie Tribe may have a
valid interest in certain lands in the Charlotte Beach
area of Chippewa County, Michigan, that are located
within the Tribe’s traditional homelands.
(3) The Community filed a lawsuit against cer-
tain landowners to ascertain ownership of lands that
were once owned and held in trust by the State of
Michigan for the Community but which were sold by
the State without the consent of the Tribes or the
United States.
(4) The landowners now hold clouded title to
such lands and want to clear their title to the lands.
(5) The Community has agreed to relinquish its
interests in the Charlotte Beach Lands in return for
its selection of Alternative Lands that will be taken
into trust by the Secretary.
(6) The Sault Ste. Marie Tribe has agreed not
to assert its potential claim of interest in the Char-
lotte Beach Lands in return for its selection of Al-
ternative Lands that will be taken into trust by the
Secretary.
(7) It is in the best interests of the Tribes and
legally necessary for the landowners that the Con-
gress provide for a land settlement agreement by
passage of this Act.
(8) It is in the best interests of the Tribes that
the described Alternative Lands be taken into trust
as part of the settlement of the land claim.
(b) PURPOSES.—The purposes of this Act are as fol-
lows:
(1) To settle the land claims of the Tribes
against the landowners.
(2) To direct the Secretary to take into trust
for the benefit of the Tribes the Alternative Lands
in settlement of the Tribes’ land claims.
SEC. 3. DEFINITIONS.
For purposes of this Act, the following definitions
apply:
(1) ALTERNATIVE
LANDS.—The term ‘‘Alter-
native Lands’’ means the following:
(A) The lands chosen and acquired by the
Community for transfer to the United States to
be held in trust for the Community as part of
the settlement of the claims of the Community
to the Charlotte Beach Lands. These Alter-
native Lands, comprising 21.55 acres, more or
less, are located in Vanderbilt, Michigan, and
are more particularly described in the Commu-
nity’s March 1999 Trust and Reservation Ac-
quisition Request submitted to the Minneapolis
Office of the Bureau of Indian Affairs.
(B) The lands chosen and acquired by the
Sault Tribe for transfer to the United States in
trust for the Sault Tribe as a part of the settle-
ment of the potential claims of the Sault Tribe
to the Charlotte Beach Lands.
(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) SAULT
TRIBE.—The term ‘‘Sault Tribe’’
means the Sault Ste. Marie Tribe of Chippewa Indi-
ans, a federally recognized Indian tribe.
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(6) TRIBES.—The term ‘‘Tribes’’ means the
Community and the Sault Tribe.
(A) any interest in or right involving any
land or natural resources of which was ap-
proved and ratified by subsection (a), or
(B) any aboriginal title to land or natural
resources the extinguishment of which was ef-
fected by subsection (b),
shall be regarded as extinguished as of the date of any
such transfer.
(2) THE
TRIBES.—All claims of the Tribes
against the United States, the State of Michigan, or
any other person or entity based on claims to the
Charlotte Beach Lands (including without limita-
tion, claims for trespass damages, use, or occu-
pancy) shall be deemed to have been extinguished as
of the date of relinquishment by the Tribes under
section 4.
Æ