What This Bill Does
This bill pays money to the Keweenaw Bay Indian Community because the federal government took land from their reservation without paying them fairly. The bill acknowledges that between 1893 and 1937 the government gave about 2,743 acres of swamp land and between 1,333 and 2,720 acres of canal land to Michigan, even though these lands belonged to the Community under an 1854 treaty. The bill provides money to the Community and removes their legal claims to this land so current landowners have clear ownership.
Who It Affects
- The Keweenaw Bay Indian Community (a federally recognized Native American tribe in Michigan)
- The Secretary of the Interior (federal official managing the payment)
- Current non-Native landowners in Baraga County, Michigan who own the former reservation lands
- The State of Michigan
Key Provisions
- The Secretary must transfer $33,900,000 to the Community as soon as money is available (Sec. 5(a))
- The Community can use the payment for government services, economic development, natural resources protection or land acquisition, but not for gaming (casinos) (Sec. 5(b))
- Once the Community receives payment, all their legal claims to the swamp lands and canal lands are permanently ended (Sec. 6(a))
- Current landowners receive clear title free from any Community claims once payment is made (Sec. 6(b))
- The Secretary cannot use this bill to take land into trust for the Community for gaming purposes (Sec. 7)
What Changes
The Community receives $33,900,000 in compensation. The Community permanently gives up all rights to claim the swamp lands and canal lands. Current landowners get guaranteed clear ownership without fear of future legal challenges from the Community.
Important Definitions
- Community: the Keweenaw Bay Indian Community
- Reservation: the L'Anse Indian Reservation in Baraga County, Michigan
- Reservation Swamp Lands: 2,743 acres the government gave to Michigan between 1893 and 1937
- Reservation Canal Lands: between 1,333 and 2,720 acres the government gave to Michigan for the Sault Ste. Marie Canal
- Secretary: the Secretary of the Interior
- State: the State of Michigan
Effective Date
The payment and extinguishment of claims become effective on the date the Community receives the $33,900,000 payment (Sec. 5(a) and Sec. 6).
118TH CONGRESS
1ST SESSION
S. 195
AN ACT
To provide compensation to the Keweenaw Bay Indian Com-
munity for the taking without just compensation of land
by the United States inside the exterior boundaries of
the L’Anse Indian Reservation that were guaranteed to
the Community under a treaty signed in 1854, and for
other purposes.
2
† S 195 ES
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Keweenaw Bay Indian
4
Community Land Claim Settlement Act of 2023’’.
5
SEC. 2. FINDINGS.
6
Congress finds that—
7
(1) the Keweenaw Bay Indian Community is a
8
federally recognized Indian Tribe residing on the
9
L’Anse Indian Reservation in Baraga County in the
10
Upper Peninsula of the State of Michigan;
11
(2) the Community is a successor in interest to
12
the Treaty with the Chippewa Indians of the Mis-
13
sissippi and Lake Superior, made and concluded at
14
La Pointe of Lake Superior October 4, 1842 (7
15
Stat. 591) (referred to in this section as the ‘‘1842
16
Treaty’’), which, among other things, guaranteed the
17
usufructuary rights of the Community over a large
18
area of land that was ceded to the United States,
19
until such time that those usufructuary rights were
20
properly and legally extinguished;
21
(3) the Community is also a successor in inter-
22
est to the Treaty with the Chippewa Indians of Lake
23
Superior and the Mississippi, made and concluded at
24
3
† S 195 ES
La Pointe September 30, 1854 (10 Stat. 1109) (re-
1
ferred to in this section as the ‘‘1854 Treaty’’);
2
(4) article 2, paragraph 1 of the 1854 Treaty
3
created the L’Anse Indian Reservation as a perma-
4
nent reservation;
5
(5) pursuant to article 13 of the 1854 Treaty,
6
the 1854 Treaty became ‘‘obligatory on the con-
7
tracting parties’’ when ratified by the President and
8
the Senate on January 10, 1855;
9
(6) in 1850, Congress enacted the Act of Sep-
10
tember 28, 1850 (commonly known and referred to
11
in this section as the ‘‘Swamp Land Act’’) (9 Stat.
12
519, chapter 84), which authorized the State of Ar-
13
kansas and other States, including the State of
14
Michigan, to ‘‘construct the necessary levees and
15
drains to reclaim’’ certain unsold ‘‘swamp and over-
16
flowed lands, made unfit thereby for cultivation’’
17
and stating that those lands ‘‘shall remain unsold at
18
the passage of this act . . . .’’;
19
(7) following enactment of the Swamp Land
20
Act, the State claimed thousands of acres of swamp
21
land in the State pursuant to that Act;
22
(8) between 1893 and 1937, the General Land
23
Office patented 2,743 acres of land to the State that
24
were located within the exterior boundaries of the
25
4
† S 195 ES
Reservation (referred to in this section as ‘‘Reserva-
1
tion Swamp Lands’’);
2
(9) the right of the Community to use and oc-
3
cupy the unsold land within the Reservation had not
4
been extinguished when the United States patented
5
the Reservation Swamp Lands to the State;
6
(10) in 1852, Congress enacted the Act of Au-
7
gust 26, 1852 (10 Stat. 35, chapter 92) (referred to
8
in this section as the ‘‘Canal Land Act’’), to facili-
9
tate the building of the Sault Ste. Marie Canal at
10
the Falls of the St. Mary’s River, to connect Lake
11
Superior to Lake Huron;
12
(11) pursuant to the Canal Land Act, the
13
United States granted the State the right to select
14
750,000 acres of unsold public land within the State
15
to defray the cost of construction of the Sault Ste.
16
Marie Canal;
17
(12) the State identified and selected, among
18
other land, a minimum of 1,333.25 and up to 2,720
19
acres within the exterior boundaries of the Reserva-
20
tion (referred to in this section as the ‘‘Reservation
21
Canal Lands’’);
22
(13) the Department of the Interior approved
23
the land selections of the State, including the Res-
24
5
† S 195 ES
ervation Canal Lands, after ratification of the 1854
1
Treaty;
2
(14) the Secretary noted that the approval de-
3
scribed in paragraph (13) was ‘‘subject to any valid
4
interfering rights’’;
5
(15) the 1854 Treaty set apart from the public
6
domain all unsold land within the Reservation to the
7
Community as of September 30, 1854, which pre-
8
ceded the date on which the State established legally
9
effective title to the Reservation Canal Lands;
10
(16) the Community made claims to the De-
11
partment of the Interior with respect to the Reserva-
12
tion Swamp Lands and the Reservation Canal
13
Lands, providing legal analysis and ethnohistorical
14
support for those claims;
15
(17) in December 2021, the Department of the
16
Interior stated that ‘‘We have carefully reviewed per-
17
tinent documents, including the Tribe’s expert re-
18
ports, and have determined that the Tribe’s claims
19
to the Swamp Lands and Canal Lands have merit’’;
20
(18) the United States, through the actions of
21
the General Land Office, deprived the Community of
22
the exclusive use and occupancy of the Reservation
23
Swamp Lands and the Reservation Canal Lands
24
within the Reservation, without just compensation as
25
6
† S 195 ES
required under the Takings Clause of the Fifth
1
Amendment to the Constitution of the United
2
States;
3
(19) the loss of the Reservation Swamp Lands
4
and the Reservation Canal Lands without just com-
5
pensation has—
6
(A) impacted the exercise by the Commu-
7
nity of cultural, religious, and subsistence
8
rights on the land;
9
(B) caused a harmful disconnect between
10
the Community and its land;
11
(C) impacted the ability of the Community
12
to fully exercise its economy within the Reserva-
13
tion; and
14
(D) had a negative economic impact on the
15
development of the economy of the Community;
16
(20) certain non-Indian individuals, entities,
17
and local governments occupy land within the
18
boundaries of the Reservation—
19
(A) acquired ownership interests in the
20
Reservation Swamp Lands and the Reservation
21
Canal Lands in good faith; and
22
(B) have an interest in possessing clear
23
title to that land;
24
(21) this Act allows the United States—
25
7
† S 195 ES
(A) to secure a fair and equitable settle-
1
ment of past inequities suffered by the Commu-
2
nity as a result of the actions of the United
3
States that caused the taking of the Reserva-
4
tion Swamp Lands and the Reservation Canal
5
Lands without just compensation; and
6
(B) to ensure protection of the ownership
7
of the Reservation Swamp Lands and the Res-
8
ervation Canal Lands by non-Indian occupants
9
of the Reservation, through the settlement of
10
the claims of the Community to that land, and
11
through that action, the relief of any clouds on
12
title;
13
(22) a settlement will allow the Community to
14
receive just compensation and the local landowners
15
to obtain clear title to land, without long and pro-
16
tracted litigation that would be both costly and det-
17
rimental to all involved; and
18
(23) this Act achieves both justice for the Com-
19
munity and security for current landowners through
20
a restorative and non-confrontational process.
21
SEC. 3. PURPOSES.
22
The purposes of this Act are—
23
8
† S 195 ES
(1) to acknowledge the uncompensated taking
1
by the Federal Government of the Reservation
2
Swamp Lands and the Reservation Canal Lands;
3
(2) to provide compensation to the Community
4
for the uncompensated taking of the Reservation
5
Swamp Lands and the Reservation Canal Lands by
6
the Federal Government;
7
(3) to extinguish all claims by the Community
8
to the Reservation Swamp Lands and the Reserva-
9
tion Canal Lands and to confirm the ownership by
10
the current landowners of the Reservation Swamp
11
Lands and the Reservation Canal Lands, who ob-
12
tained that land in good faith;
13
(4) to extinguish all potential claims by the
14
Community against the United States, the State,
15
and current landowners concerning title to, use of,
16
or occupancy of the Reservation Swamp Lands and
17
the Reservation Canal Lands; and
18
(5) to authorize the Secretary—
19
(A) to compensate the Community; and
20
(B) to take any other action necessary to
21
carry out this Act.
22
SEC. 4. DEFINITIONS.
23
In this Act:
24
9
† S 195 ES
(1) COMMUNITY.—The term ‘‘Community’’
1
means the Keweenaw Bay Indian Community.
2
(2) COUNTY.—The term ‘‘County’’ means
3
Baraga County, Michigan.
4
(3) RESERVATION.—The term ‘‘Reservation’’
5
means the L’Anse Indian Reservation, located in—
6
(A) T. 51 N., R. 33 W.;
7
(B) T. 51 N., R. 32 W.;
8
(C) T. 50 N., R. 33 W., E1⁄2;
9
(D) T. 50 N., R. 32 W., W1⁄2; and
10
(E) that portion of T. 51 N., R. 31 W.
11
lying west of Huron Bay.
12
(4) RESERVATION
CANAL
LANDS.—The term
13
‘‘Reservation Canal Lands’’ means the 1,333.25 to
14
2,720 acres of Community land located within the
15
exterior boundaries of the Reservation that the Fed-
16
eral Government conveyed to the State pursuant to
17
the Act of August 26, 1852 (10 Stat. 35, chapter
18
92).
19
(5) RESERVATION
SWAMP
LANDS.—The term
20
‘‘Reservation Swamp Lands’’ means the 2,743 acres
21
of land located within the exterior boundaries of the
22
Reservation that the Federal Government conveyed
23
to the State between 1893 and 1937 pursuant to the
24
Act of September 28, 1850 (commonly known as the
25
10
† S 195 ES
‘‘Swamp Land Act’’) (sections 2479 through 2481 of
1
the Revised Statutes (43 U.S.C. 982 through 984)).
2
(6) SECRETARY.—The term ‘‘Secretary’’ means
3
the Secretary of the Interior.
4
(7) STATE.—The term ‘‘State’’ means the State
5
of Michigan.
6
SEC. 5. PAYMENTS.
7
(a) TRANSFER OF FUNDS.—As soon as practicable
8
after the date on which the amount authorized to be ap-
9
propriated under subsection (c) is made available to the
10
Secretary, the Secretary shall transfer $33,900,000 to the
11
Community.
12
(b) USE OF FUNDS.—
13
(1) IN GENERAL.—Subject to paragraph (2),
14
the Community may use the amount received under
15
subsection (a) for any lawful purpose, including—
16
(A) governmental services;
17
(B) economic development;
18
(C) natural resources protection; and
19
(D) land acquisition.
20
(2) RESTRICTION
ON
USE
OF
FUNDS.—The
21
community may not use the amount received under
22
subsection (a) to acquire land for gaming purposes.
23
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
24
authorized to be appropriated to the Secretary to carry
25
11
† S 195 ES
out subsection (a) $33,900,000 for fiscal year 2024, to
1
remain available until expended.
2
SEC. 6. EXTINGUISHMENT OF CLAIMS.
3
(a) IN GENERAL.—Effective on the date on which the
4
Community receives the payment under section 5(a), all
5
claims of the Community to the Reservation Swamp
6
Lands and the Reservation Canal Lands owned by persons
7
or entities other than the Community are extinguished.
8
(b) CLEAR TITLE.—Effective on the date on which
9
the Community receives the payment under section 5(a),
10
the title of all current owners to the Reservation Swamp
11
Lands and the Reservation Canal Lands is cleared of all
12
preexisting rights held by the Community and any of the
13
members of the Community.
14
SEC. 7. EFFECT.
15
Nothing in this Act authorizes—
16
(1) the Secretary to take land into trust for the
17
benefit of the Community for gaming purposes; or
18
12
† S 195 ES
(2) the Community to use land acquired using
1
amounts received under this Act for gaming pur-
2
poses.
3
Passed the Senate December 14, 2023.
Attest:
Secretary.
118TH CONGRESS
1ST SESSION
S. 195
AN ACT
To provide compensation to the Keweenaw Bay In-
dian Community for the taking without just com-
pensation of land by the United States inside the
exterior boundaries of the L’Anse Indian Res-
ervation that were guaranteed to the Community
under a treaty signed in 1854, and for other pur-
poses.