To authorize the Bay Mills Indian Community of the State of Michigan to convey land and interests in land owned by the Tribe.
This bill would authorize the Bay Mills Indian Community of Michigan to transfer, lease, encumber, or otherwise convey any portion of its real property that is not held in trust by the United States, without needing additional federal authorization. In simpler terms, the Tribe could deal with its non-trust lands (fee simple or other non-trust interests) more freely than under current law. The bill explicitly does not allow the transfer of lands that are held in trust by the United States. It also provides a liability shield for the United States, stating it would not be liable for terms or losses arising from these transfers unless the U.S. is a party or would be liable under another law; this shield does not apply to land the Tribe transfers to the U.S. to hold in trust for the Tribe. The bill was introduced in the House on January 15, 2025 by Rep. Bergman and referred to the Committee on Natural Resources.
Key Points
- 1Applicable land: Only non-trust land owned by the Bay Mills Indian Community; lands held in trust by the U.S. for the Tribe are expressly ineligible for this expedited authority.
- 2Actions allowed: The Tribe may transfer, lease, encumber, or otherwise convey all or any part of its non-trust land without further federal authorization.
- 3Superseding other laws: The section states “notwithstanding any other provision of law,” but only for non-trust land; it does not override requirements tied to trust land.
- 4Federal liability: The United States is not liable to parties for terms or losses from these transactions unless the U.S. is a party to the transaction or would be liable under another provision of law. This protection does not apply to transfers of land to the U.S. to hold in trust.
- 5Limitations: The bill does not authorize any transfer of lands that are held in trust by the United States for the Tribe.