I
107TH CONGRESS
1ST SESSION
H. R. 2495
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
JULY 12, 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. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(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; and
(ii) shall be located within the exterior
boundaries of the State of Michigan;
(iii) shall be located north of the
boundary formed by beginning on the
shore of Lake Huron directly east of
Michigan State Highway 46, then heading
west to the eastern most point of Michigan
State Highway 46, then heading westerly
on Michigan State Highway 46, then head-
ing southerly on Michigan State Highway
13, then heading westerly on Michigan
State Highway 21 to the westernmost
point of Michigan State Highway 21, then
heading westerly to the easternmost point
of Michigan State Highway 45, then head-
ing westerly on Michigan State Highway
45 to the westernmost point of Michigan
State Highway 45 to the shore of Lake
Michigan;
(iv) shall not be located closer than 25
miles from the Alternative Lands described
in subparagraph (A) and lands that are
held in trust for any tribe other than the
Sault Tribe on the date of the enactment
of this Act; and
(v) shall be located within lands pre-
viously ceded to the United States Govern-
ment by the Ottawa and Chippewa nations
of Indians under the Treaty of March 28,
1836 (7 Stat. 491).
(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.
SEC. 3. ACCEPTANCE OF ALTERNATIVE LANDS.
(a) BY THE COMMUNITY.—Upon relinquishment by
the Community of any and all claims to the Charlotte
Beach Lands and dismissal with prejudice of Bay Mills
Indian Community v. Western Life Assurance Company
et al., Case No. 2:96–CV–275, United States District
Court for the Western District of Michigan-Northern Divi-
sion and Bay Mills Indian Community v. State of Michi-
gan et al., Michigan Court of Claims, File No. 96–16482–
CM—
(1) the Secretary shall take the Alternative
Lands described in section 2(1)(A) into trust for the
benefit of the Community as part of the settlement
of the Community’s claims to the Charlotte Beach
Lands; and
(2) the Alternative Lands described in section
2(1)(A) shall become part of the Community’s res-
ervation.
(b) BY THE SAULT TRIBE.—The Secretary shall take
the Alternative Lands described in section 2(1)(B) into
trust for the benefit of the Sault Tribe as settlement of
the Sault Tribe’s claims to the Charlotte Beach Lands.
Upon the taking of the Alternative Lands into trust, any
and all potential claims of the Sault Tribe in and to the
Charlotte Beach Lands shall be relinquished and extin-
guished thereby, and the lands taken into trust shall be-
come part of the Sault Tribe’s reservation.
(c) SETTLEMENT
OF LAND CLAIMS.—The Alter-
native Lands are taken into trust as provided in this sec-
tion as part of the settlement of land claims of the Tribes
within the meaning of section 20(b)(1)(B)(i) of Public
Law 100–497.
SEC. 4. EXTINGUISHMENT OF TITLE AND CLAIMS.
(a) APPROVAL AND RATIFICATION OF PRIOR TRANS-
FERS.—Any transfer, before the date of the enactment of
this Act, of land or natural resources located within the
boundaries of the Charlotte Beach Lands from, by, or on
behalf of any Indian, Indian nation, or tribe or band of
Indians (including the 2 bands of the Sault Ste. Marie
Ottawa and Chippewa Indians of Michigan of which O-
shaw-wan-no and Sha-wan were chiefs) or any member
thereof, shall be deemed to have been made in accordance
with the Constitution and all laws of the United States,
including without limitation, the Trade and Intercourse
Act of 1790, Act of July 22, 1790 (ch. 33, sec. 4; 1 Stat.
137), and Congress hereby does approve and ratify such
transfers effective as of the date of such transfers.
(b) ABORIGINAL TITLE EXTINGUISHED.—
(1) IN GENERAL.—Except as provided by para-
graph (2), any aboriginal title held by any Indian,
Indian nation, or tribe or band of Indians (including
the 2 bands of the Sault Ste. Marie Ottawa and
Chippewa Indians of Michigan of which O-shaw-
wan-no and Sha-wan were chiefs and their members)
to any land or natural resources, the transfer of
which was approved and ratified by subsection (a),
shall be regarded as extinguished as of the date of
such transfer.
(2) THE TRIBES.—To the extent that the Char-
lotte Beach Lands involve land or natural resources
to which the Tribes had aboriginal title, relinquish-
ment by the Tribes under section 3 shall be regarded
as an extinguishment of such aboriginal title.
(c) EXTINGUISHMENT OF CLAIMS.—
(1) IN GENERAL.—Except as provided by para-
graph (2), any claim (including any claim for dam-
ages for trespass, use, or occupancy) by, or on be-
half of, any member of any Indian, Indian nation,
or tribe or band of Indians (including the 2 bands
of the Sault Ste. Marie Ottawa and Chippewa Indi-
ans of Michigan of which O-shaw-wan-no and Sha-
wan were chiefs) or any member thereof against the
United States, any State or subdivision thereof or
any other person which is based on—
(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.—Any transfer of land within
the State of Michigan to the Secretary to be taken
in trust for the Community or the Sault Tribe under
this Act shall be conditioned upon the Secretary’s
receipt of duly enacted resolutions of the elected
tribal council of the Community and the Sault Tribe
agreeing to the extinguishment of all claims against
the United States, the State of Michigan or any sub-
division thereof, or any person or entity by the Com-
munity or the Sault Tribe based on the claims to the
Charlotte Beach Lands (including without limita-
tion, claims for trespass damages, use, or occu-
pancy) as provided in this Act, and agreeing to the
extinguishment of any claims against the United
States based on the enactment of this Act. The ex-
tinguishment of these claims is in consideration for
the benefits to the Community and the Sault Tribe
under this Act.
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