#aaith ,,congress #ast ,session ,s4 #fdb ,,an ,,act ,to provide compensation to the ,keweenaw ,bay ,indian ,community 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 #ahed1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,keweenaw ,bay ,indian ,community ,land ,claim ,settlement ,act of #bjbe4 #b4 ,findings ,congress finds that-- 7#a7 the ,keweenaw ,bay ,indian ,community is a federally recognized ,indian ,tribe residing on the ,l',anse ,indian ,reservation in ,baraga ,county in the ,upper ,peninsula of the ,state of ,michigan2 7#b7 the ,community is a successor in interest to the ,treaty with the ,chippewa ,indians of the ,mississippi and ,lake ,superior1 made and concluded at ,la ,pointe of ,lake ,superior ,october #d1 #ahdb 7#g ,stat4 #eia7 7referred to in this section as the #ahdb ,treaty71 which1 among other things1 guaranteed the usufructuary rights of the ,community over a large area of land that was ceded to the ,united ,states1 until such time that those usufructuary rights were properly and legally extinguished2 7#c7 the ,community is also a successor in interest to the ,treaty with the ,chippewa ,indians of ,lake ,superior and the ,mississippi1 made and concluded at ,la ,pointe ,september #cj1 #ahed 7#aj ,stat4 #aaji7 7referred to in this section as the #ahed ,treaty72 7#d7 article #b1 paragraph #a of the #ahed ,treaty created the ,l',anse ,indian ,reservation as a permanent reservation2 7#e7 pursuant to article #ac of the #ahed ,treaty1 the #ahed ,treaty became obligatory on the contracting parties when ratified by the ,president and the ,senate on ,january #aj1 #ahee2 7#f7 in #ahej1 ,congress enacted the ,act of ,september #bh1 #ahej 7sections #bdgi through #bdha of the ,revised ,statutes 7#dc ,u4,s4,c4 #ihb through #ihd77 7commonly known and referred to in this section as the ,swamp ,land ,act71 which authorized the ,state of ,arkansas and other ,states1 including the ,state of ,michigan1 to construct the necessary levees and drains to reclaim certain unsold swamp and overflowed lands1 made unfit thereby for cultivation and stating that those lands shall remain unsold at the passage of this act2 7#g7 following enactment of the ,swamp ,land ,act1 the ,state claimed thousands of acres of swamp land in the ,state pursuant to that ,act2 7#h7 between #ahic and #aicg1 the ,general ,land ,office patented #b1gdc acres of land to the ,state that were located within the exterior boundaries of the ,reservation2 7#i7 the right of the ,community to use and occupy the unsold land within the ,reservation had not been extinguished when the ,united ,states patented the ,reservation ,swamp ,lands to the ,state2 7#aj7 in #aheb1 ,congress enacted the ,act of ,august #bf1 #aheb 7#aj ,stat4 #ce1 chapter #ib7 7referred to in this section as the ,canal ,land ,act71 to facilitate the building of the ,sault ,ste4 ,marie ,canal at the ,falls of the ,st4 ,mary's ,river1 to connect ,lake ,superior to ,lake ,huron2 7#aa7 pursuant to the ,canal ,land ,act1 the ,united ,states granted the ,state the right to select #gej1jjj acres of unsold public land within the ,state to defray the cost of construction of the ,sault ,ste4 ,marie ,canal2 7#ab7 the ,state identified and selected1 among other land1 a minimum of #a1ccc4be and up to #b1gbj acres within the exterior boundaries of the ,reservation2 7#ac7 the ,department of the ,interior approved the land selections of the ,state1 including the ,reservation ,canal ,lands1 after ratification of the #ahed ,treaty2 7#ad7 the ,secretary noted that the approval described in paragraph 7#ac7 was subject to any valid interfering rights2 7#ae7 the #ahed ,treaty set apart from the public domain all unsold land within the ,reservation to the ,community as of ,september #cj1 #ahed1 which preceded the date on which the ,state established legally effective title to the ,reservation ,canal ,lands2 7#af7 the ,community made claims to the ,department of the ,interior with respect to the ,reservation ,swamp ,lands and the ,reservation ,canal ,lands1 providing legal analysis and ethnohistorical support for those claims2 7#ag7 in ,december #bjba1 the ,department of the ,interior stated that ,we have carefully reviewed pertinent documents1 including the ,tribe's expert reports1 and have determined that the ,tribe's claims to the ,swamp ,lands and ,canal ,lands have merit2 7#ah7 the ,united ,states1 through the actions of the ,general ,land ,office1 deprived the ,community of the exclusive use and occupancy of the ,reservation ,swamp ,lands and the ,reservation ,canal ,lands within the ,reservation1 without just compensation as required under the ,takings ,clause of the ,fifth ,amendment to the ,constitution of the ,united ,states2 7#ai7 the loss of the ,reservation ,swamp ,lands and the ,reservation ,canal ,lands without just compensation has-- 7,a7 impacted the exercise by the ,community of cultural1 religious1 and subsistence rights on the land2 7,b7 caused a harmful disconnect between the ,community and its land2 7,c7 impacted the ability of the ,community to fully exercise its economy within the ,reservation2 and 7,d7 had a negative economic impact on the development of the economy of the ,community2 7#bj7 certain non-,indian individuals1 entities1 and local governments occupy land within the boundaries of the ,reservation-- 7,a7 acquired ownership interests in the ,reservation ,swamp ,lands and the ,reservation ,canal ,lands in good faith2 and 7,b7 have an interest in possessing clear title to that land2 7#ba7 this ,act allows the ,united ,states-- 7,a7 to secure a fair and equitable settlement of past inequities suffered by the ,community as a result of the actions of the ,united ,states that caused the taking of the ,reservation ,swamp ,lands and the ,reservation ,canal ,lands without just compensation2 and 7,b7 to ensure protection of the ownership of the ,reservation ,swamp ,lands and the ,reservation ,canal ,lands by non-,indian occupants of the ,reservation1 through the settlement of the claims of the ,community to that land1 and through that action1 the relief of any clouds on title2 7#bb7 a settlement will allow the ,community to receive just compensation and the local landowners to obtain clear title to land1 without long and protracted litigation that would be both costly and detrimental to all involved2 and 7#bc7 this ,act achieves both justice for the ,community and security for current landowners through a restorative and non-confrontational process4 #c4 ,purposes ,the purposes of this ,act are-- 7#a7 to acknowledge the uncompensated taking by the ,federal ,government of the ,reservation ,swamp ,lands and the ,reservation ,canal ,lands2 7#b7 to provide compensation to the ,community for the uncompensated taking of the ,reservation ,swamp ,lands and the ,reservation ,canal ,lands by the ,federal ,government2 7#c7 to extinguish all claims by the ,community to the ,reservation ,swamp ,lands and the ,reservation ,canal ,lands and to confirm the ownership by the current landowners of the ,reservation ,swamp ,lands and the ,reservation ,canal ,lands1 who obtained that land in good faith2 7#d7 to extinguish all potential claims by the ,community against the ,united ,states1 the ,state1 and current landowners concerning title to1 use of1 or occupancy of the ,reservation ,swamp ,lands and the ,reservation ,canal ,lands2 and 7#e7 to authorize the ,secretary-- 7,a7 to compensate the ,community2 and 7,b7 to take any other action necessary to carry out this ,act4 #d4 ,definitions ,in this ,act3 7#a7 ,community ,the term ,community means the ,keweenaw ,bay ,indian ,community4 7#b7 ,county ,the term ,county means ,baraga ,county1 ,michigan4 7#c7 ,reservation ,the term ,reservation means the ,l',anse ,indian ,reservation1 located in-- 7,a7 ,t4 #ea ,n41 ,r4 #cc ,w42 7,b7 ,t4 #ea ,n41 ,r4 #cb ,w42 7,c7 ,t4 #ej ,n41 ,r4 #cc ,w41 ,e#a_/b2 7,d7 ,t4 #ej ,n41 ,r4 #cb ,w41 ,w#a_/b2 and 7,e7 that portion of ,t4 #ea ,n41 ,r4 #ca ,w4 lying west of ,huron ,bay4 7#d7 ,reservation ,canal ,lands ,the term ,reservation ,canal ,lands means the #a1ccc4be to #b1gbj acres of ,community land located within the exterior boundaries of the ,reservation that the ,federal ,government conveyed to the ,state pursuant to the ,act of ,august #bf1 #aheb 7#aj ,stat4 #ce1 chapter #ib74 7#e7 ,reservation ,swamp ,lands ,the term ,reservation ,swamp ,lands means the #b1gdc acres of land located within the exterior boundaries of the ,reservation that the ,federal ,government conveyed to the ,state between #ahic and #aicg pursuant to the ,act of ,september #bh1 #ahej 7sections #bdgi through #bdha of the ,revised ,statutes 7#dc ,u4,s4,c4 #ihb through #ihd77 7commonly known as the ,swamp ,land ,act74 7#f7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#g7 ,state ,the term ,state means the ,state of ,michigan4 #e4 ,payments 7a7 ,transfer of funds ,as soon as practicable after the date on which the amount authorized to be appropriated under subsection 7c7 is made available to the ,secretary1 the ,secretary shall transfer #cc1ijj1jjj to the ,community4 7b7 ,use of funds 7#a7 ,in general ,subject to paragraph 7#b71 the ,community may use the amount received under subsection 7a7 for any lawful purpose1 including-- 7,a7 governmental services2 7,b7 economic development2 7,c7 natural resources protection2 and 7,d7 land acquisition4 7#b7 ,restriction on use of funds ,the community may not use the amount received under subsection 7a7 to acquire land for gaming purposes4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out subsection 7a7 #cc1ijj1jjj for fiscal year #bjbf1 to remain available until expended4 #f4 ,extinguishment of claims 7a7 ,in general ,effective on the date on which the ,community receives the payment under section #e7;a71 all claims of the ,community to the ,reservation ,swamp ,lands and the ,reservation ,canal ,lands owned by persons or entities other than the ,community are extinguished4 7b7 ,clear title ,effective on the date on which the ,community receives the payment under section #e7;a71 the title of all current owners to the ,reservation ,swamp ,lands and the ,reservation ,canal ,lands is cleared of all preexisting rights held by the ,community and any of the members of the ,community4 #g4 ,effect ,nothing in this ,act authorizes-- 7#a7 the ,secretary to take land into trust for the benefit of the ,community for gaming purposes2 or 7#b7 the ,community to use land acquired using amounts received under this ,act for gaming purposes4 ,passed the ,senate ,december #aa1 #bjbe4,secretary