Statement of U.S. Rep. Nick J. Rahall, II
Chairman, Committee on Natural Resources
Legislative Hearing on H.R. 2176 and H.R. 4115
February 6, 2008

The Committee on Natural Resources is convening today to hold a hearing on H.R. 2176, introduced by our colleague Bart Stupak, and H.R. 4115, sponsored by the Dean of the House of Representatives, the distinguished Chairman John Dingell.

These bills seek to settle certain land claims of the Bay Mills Indian Community and the Sault Ste. Marie Tribe of Chippewa Indians in the State of Michigan.

The genesis of these bills dates back to 1807, when the Chippewa ceded much of what is now the State of Michigan in a treaty with the Governor of the Michigan Territory.

Subsequent treaties ensued in 1817, 1820, 1836 and in 1855. 

In the case of both the Bay Mills and the Sault, the 1855 Treaty of Detroit set aside land in what is now known as Charlotte Beach for their exclusive use. 

However, shortly after that treaty was concluded, the United States Land Office allowed that very land to be sold to non-Indian speculators.

Hence began a 153 year odyssey that the legislation before us seeks to resolve.

The two bills we are hearing today would implement a settlement agreement entered into by the Governor of Michigan, the Bay Mills and the Sault, and in doing so, clear the land title cloud that has hung over the residents of the Charlotte Beach area.

Under the agreement with the Bay Mills, which is supported by the current Governor of Michigan, Jennifer Granholm, the tribe would relinquish their land claims at Charlotte Beach and instead would be able to take into trust land at Port Huron, Michigan.

Under the agreement with the Sault Ste. Marie, which is also supported by Governor Granholm, the tribe would relinquish their land claims at Charlotte Beach and instead would be able to take into trust land at either Flint, Monroe or Romulus, Michigan.

In this regard, let me state that there is no administrative process for these tribes to go through.  Only the U.S. Congress can extinguish Indian title to land.  And we are not setting any precedent here, as Congress has on several occasions enacted tribal land claim settlement legislation.

I have set out the facts, the historical record, regarding these two tribes and their Charlotte Beach land claims.  I do believe that the deliverance of justice is on the side of these two tribes, and the legislation we are hearing today.

With that noted, certainly there are ramifications to the enactment of these bills beyond delivering justice to these two tribes, and I look forward to hearing all views during this hearing.