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Bay Mills leader tells subcommittee title‑insurance confusion blocks tribal land development
Summary
Bay Mills Indian Community president told the House subcommittee that unclear interpretations of the Nonintercourse Act by title insurers prevent the tribe from selling or leveraging fee‑simple lands, stalling economic projects; H.R. 412 would clarify that fee simple tribal lands do not require Congressional approval to convey.
The House Natural Resources Subcommittee on Indian and Insular Affairs heard testimony supporting H.R. 412, legislation to clarify that fee‑simple land owned by the Bay Mills Indian Community may be sold, leased, or encumbered without a separate act of Congress. Chairman Hurd listed the bill among the four measures being considered at the hearing.
Whitney Gravelle, introduced to the panel as president of Bay Mills Indian Community, told the subcommittee that HR 412 “addresses a fundamental issue, the ability of Bay Mills to freely manage and sell our own non trust fee simple lands without unnecessary federal oversight.” She said confusion among title insurance companies has routinely prevented transactions from closing.
Gravelle described attempts to partner with developers and to sell or lease land for housing, manufacturing and public services that stalled when title insurers refused to underwrite transactions. “Without being able to obtain title insurance, the transaction falls through,” she said during questioning, adding that insurers “cite the Nonintercourse Act” in denying coverage.
Committee members noted similar legislation has been enacted for other tribes in Michigan and elsewhere; Gravelle cited prior Congressional acts benefitting the Saginaw Chippewa, the Sault Ste. Marie Tribe of Chippewa Indians and tribes in Florida, Minnesota, Louisiana, Oklahoma and Oregon. She said Bay Mills has bought land over the last 30 years that often remains undeveloped because sales or long leases are blocked by title insurance opinions.
During questioning, the chair asked whether the waiver would affect trust lands; Gravelle answered that it applies only to lands the tribe owns outright (fee simple) and not to lands held in trust. No vote was taken at the hearing; lawmakers requested additional written materials and said they will work on legislative language to resolve the issue.
The subcommittee record will remain open for follow‑up responses under committee rules.
