12.15.2023

Senate approves bill to resolve U.P. tribe's land claim

By: Melissa Nann Burke

Washington - The U.S. Senate this past week adopted legislation that would authorize compensation for a Native American tribe in the Upper Peninsula for the federal government’s unlawful taking of thousands of acres of their reservation land in Baraga County roughly 168 years ago.

The bill led by Democratic Sen. Gary Peters of Bloomfield Township and Republican U.S. Rep. Jack Bergman of Watersmeet was passed under unanimous consent late Thursday and now heads to the House.

Under the legislation, the Keweenaw Bay Indian Community (KBIC), an Ojibwe nation, may use the $33.9 million in funds authorized for any lawful purpose but to acquire lands for gaming.

The legislation would also extinguish the tribe's claims to the lands ? roughly 4,000 to nearly 5,500 acres of its L’Anse Indian Reservation ? and clear the title for current landowners of the tribe's claims. The takings by federal officials occurred between 1855 and 1937, despite the terms of an 1854 treaty.

"It’s always a big accomplishment to get a bill voted out of the Senate, especially when it goes by unanimous consent like the Keweenaw Bay Indian Community Land Claims Settlement Act did," said the tribe's attorney, Josh Clause.

"The hope is that this large bipartisan support will help grow momentum in the House. Congressman Bergman is committed to seeing this bill enacted and we will continue to advocate and push for that outcome.”

Many tribes opt to pursue their land claims in court, but the tribal leaders at KBIC were adamant that they didn’t want the matter to become contentious, saying those who now own the land purchased it in good faith and aren’t the ones who wronged the tribe so long ago.

"This bill is a testament to how working in the spirit of collaboration can lead to positive results," Doreen Blaker, president of the Keweenaw Bay Tribal Council, said during a Senate hearing in May.

"Our Tribal Council sought to advance these claims and the justice our tribe is due through non-adversarial means, so that we can maintain harmony with our neighbors."

The bill text acknowledges the loss of the reservation lands without compensation hurt the development of the tribe’s economy; caused a “harmful disconnect” between the tribe and its land; and impeded the exercise of cultural, religious and subsistence rights.

The tribe's attorney has said the $33.9 million figure was calculated with the help of an economics consulting firm in Boston that examined in part the fair market value of the land at the time it was taken and accounted for interest, as well as adding back the value of some land that the tribe managed to purchase back over time, about $1.5 million worth.

Blaker noted the effort has support of local governments near the reservation including the Village of L’Anse, which lies partially in the reservation, and the Baraga County Board of Commissioners, as well as that of Michigan Gov. Gretchen Whitmer.

The Biden administration also testified in support of the legislation earlier this year.

"This bipartisan bill rightly settles the claims brought by the Keweenaw Bay Indian Community and provides legal clearance for local residents who currently own the property at issue,” Peters said in a statement. “It’s time to right this wrong.”

The bill so far has seen no movement in the House, where it has not gotten a hearing in the Committee on Natural Resources.

The Keweenaw Bay Indian Community has about 3,500 members, 1,800 of whom live on the L’Anse Reservation that hugs the shores of Keweenaw Bay of Lake Superior about 30 miles south of Houghton.