[House Report 110-273]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-273
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TO DIRECT THE SECRETARY OF THE INTERIOR TO PROCLAIM AS RESERVATION FOR
THE BENEFIT OF THE SAULT STE. MARIE TRIBE OF CHIPPEWA INDIANS A PARCEL
OF LAND NOW HELD IN TRUST BY THE UNITED STATES FOR THAT INDIAN TRIBE
_______
July 30, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 2120]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 2120) to direct the Secretary of the Interior to
proclaim as reservation for the benefit of the Sault Ste. Marie
Tribe of Chippewa Indians a parcel of land now held in trust by
the United States for that Indian tribe, 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. LAND TO BE PROCLAIMED RESERVATION.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of the Interior shall proclaim as reservation for the benefit
of the Sault Ste. Marie Tribe of Chippewa Indians the parcel of land
now held in trust by the United States and having the legal description
as follows: That portion of Section 19, Township 41 North, Range 3
West, Michigan Meridian, described as: All of the NW1/4SW1/4 and all of
the S1/2SW1/4 Northerly of a line described as beginning 650 feet
Northerly along the centerline of Highway ``Mackinac Trail'' from the
intersection of said centerline with the South Section line of Section
19, Township 41 North, Range 3 West, thence Northeasterly to the
Southeast corner of the NW1/4SW1/4 of said Section, containing 65
acres, more or less (except the highway right-of-way and easements of
record).
(b) Applicable Law; Effective Date.--The Secretary's proclamation
shall be pursuant to section 7 of the Act of June 18, 1934 (25 U.S.C.
467) and the property shall be deemed a reservation as of April 19,
1988, for purposes of the Indian Gaming Regulatory Act.
PURPOSE OF THE BILL
The purpose of H.R. 2120 is to direct the Secretary of the
Interior to proclaim as reservation for the benefit of the
Sault Ste. Marie Tribe of Chippewa Indians a parcel of land now
held in trust by the United States for that Indian tribe.
BACKGROUND AND NEED FOR LEGISLATION
In 1983, 65 acres of land located in St. Ignace, Michigan
(1983 Parcel) were placed into trust by the United States on
behalf of the Sault Ste. Marie Tribe. These lands are within
the Tribe's historic, aboriginal homeland and are approximately
47 miles from other reservation lands. Shortly after the lands
were placed into trust, the Tribe requested that the Bureau of
Indian Affairs (BIA) declare these lands to be part of the
Tribe's existing reservation. No action was taken on this
request. Similar requests were made by the Tribe in 1986 and
1988. After the final request in 1988, the Acting
Superintendent notified the local governments that the
Reservation Proclamation was impending.
Because the Tribe did not receive a copy of the Reservation
Proclamation impending in 1988, the Tribe renewed its request
in November, 1990. This time, the Assistant Secretary for
Indian Affairs notified the Tribe that additional information
was needed to process the Tribe's application and that once the
BIA received the information, it would ``process the necessary
documents for the proclamation.'' The requested information was
provided to the BIA Area Director, who later forwarded it to
the BIA Central Office. On June 22, 1992, the BIA
Superintendent sent a letter to the Tribe regarding the status
of various lands, including the 1983 Parcel, that the Tribe
holds ``in both trust and reservation status.''
Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)
In 1986, the Tribe opened the Kewadin Shores Casino on the
1983 Parcel and began conducting gaming. Congress enacted the
Indian Gaming Regulatory Act (IGRA) in 1988, which authorizes
tribes to conduct gaming on lands placed into trust prior to
October 17, 1988. The IGRA prohibits gaming on lands acquired
after November 17, 1988 unless such lands are located
contiguous to existing reservation land. Because the 1983
Parcel was placed into trust prior to that date, the Tribe
lawfully continued its gaming activities. A Tribal-State gaming
compact was signed in 1993 permitting the Tribe to operate
Class III gaming under the IGRA.
2000 Parcel
In 2000, 77 acres of land (2000 Parcel) adjacent to the
1983 Parcel were placed into trust by the United States on
behalf of the Tribe. Because the gaming facility located on the
1983 Parcel is no longer suitable for continued use because of
environmental and other concerns, the Tribe decided to build a
new facility on the 2000 Parcel. The Tribe asked the United
States in 2003 for concurrence that the 2000 Parcel is ``Indian
land'' under the IGRA and that the Tribe could conduct gaming
on it. In the Spring of 2004, the Tribe commenced construction
of a new gaming facility on the 2000 Parcel. This new facility
is approximately 200 feet from the original facility and will
feature no more gaming space than the original facility. A few
months after construction commenced, the National Indian Gaming
Commission requested additional information, which the Tribe
provided on July 1, 2004.
In February, 2006, the Department of the Interior
(Department) issued an opinion stating that the 2000 Parcel is
not ``Indian land'' under the IGRA because the 1983 Parcel had
not been proclaimed to be part of the Tribe's Reservation by
October, 1988. Because the 1992 Superintendent's letter
concerned several parcels of land, the Department interprets
the letter as only meaning that some of the parcels are in
reservation status. They note that the 1992 Superintendent's
letter did not specifically say that the 1983 Parcel was part
of the Reservation.
Present situation
Because of the Department's opinion, the Tribe is using a
temporary facility for the gaming facility that is located
entirely on the 1983 Parcel and the hotel and entertainment
venue is located in the facility constructed on the 2000
Parcel. Unless the land is declared part of the Reservation,
the tribe will be forced to tear down existing Indian housing
on the 1983 Parcel that is currently occupied by tribal
members. This bill has the support of the City of St. Ignace,
Michigan.
COMMITTEE ACTION
H.R. 2120 was introduced on May 2, 2007 by Representative
Stupak (D-MI). The bill was referred to the Committee on
Natural Resources. On June 13, 2007, the full Natural Resources
Committee held a hearing on this bill, at which the Department
of the Interior testified in support of the measure with a
recommended change. On July 18, 2007, the full Committee met to
consider the bill. Chairman Rahall (D-WV) offered an amendment,
as recommended by the Department, to clarify the date that the
land would become part of the Tribe's reservation for purposes
of the Indian Gaming Regulatory Act. It was adopted by
unanimous consent. The bill, as amended, was then ordered
favorably reported to the House of Representatives by unanimous
consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Land to be proclaimed reservation
Section 1 directs the Secretary of the Interior to proclaim
certain land currently held in trust by the United States for
the benefit of the Sault Ste. Marie Tribe of Chippewa Indians
as part of Tribe's reservation. The Secretary's proclamation
shall be pursuant to the Act of June 18, 1934 and the property
shall be deemed a reservation as of April 19, 1988 for purpose
of the Indian Gaming Regulatory Act.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(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 I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
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.
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 new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
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. 2120--A bill to direct the Secretary of the Interior to proclaim
as reservation for the benefit of the Sault Ste. Marie Tribe of
Chippewa Indians a parcel of land now held in trust by the
United States for that Indian tribe
H.R. 2120 would direct the Secretary of the Interior to
proclaim as reservation a parcel of land now held in trust by
the United States for the benefit of the Sault Ste. Marie Tribe
of Chippewa Indians. Under the bill, the land would be
designated as reservation primarily for gaming activities.
Based on information from the Bureau of Indian Affairs, CBO
estimates that implementing this bill would have no significant
effect on the federal budget.
H.R. 2863 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 staff contact for this estimate is Leigh Angres. The
estimate was approved by Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 2120 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 is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.