[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2599 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 685
115th CONGRESS
  2d Session
                                S. 2599

                          [Report No. 115-396]

  To provide for the transfer of certain Federal land in the State of 
      Minnesota for the benefit of the Leech Lake Band of Ojibwe.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 22, 2018

  Ms. Smith (for herself and Ms. Klobuchar) introduced the following 
  bill; which was read twice and referred to the Committee on Indian 
                                Affairs

                           November 28, 2018

                Reported by Mr. Hoeven, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
  To provide for the transfer of certain Federal land in the State of 
      Minnesota for the benefit of the Leech Lake Band of Ojibwe.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Leech Lake Band of Ojibwe 
Reservation Restoration Act''.

SEC. 2. LEECH LAKE BAND OF OJIBWE RESERVATION RESTORATION.

    (a) Findings.--Congress finds that--
            (1) the Federal land described in subsection (b)(1) was 
        taken from members of the Leech Lake Band of Ojibwe during a 
        period--
                    (A) beginning in 1948;
                    (B) during which the Bureau of Indian Affairs 
                incorrectly interpreted an order of the Secretary of 
                the Interior to mean that the Department of the 
                Interior had the authority to sell tribal allotments 
                without the consent of a majority of the rightful 
                landowners; and
                    (C) ending in 1959, when the Secretary of the 
                Interior was--
                            (i) advised that sales described in 
                        subparagraph (B) were illegal; and
                            (ii) ordered to cease conducting those 
                        sales;
            (2) as a result of the Federal land described in subsection 
        (b)(1) being taken from members of the Leech Lake Band of 
        Ojibwe, the Leech Lake Band of Ojibwe hold the smallest 
        percentage of its original reservation lands of any Ojibwe 
        bands in Minnesota;
            (2)(3)(A) the applicable statute of limitations prohibits 
        individuals from pursuing through litigation the return of the 
        land taken as described in paragraph (1); but
            (B) a Federal judge ruled that the land could be restored 
        to the affected individuals through the legislative process;
            (3)(4) a comprehensive review of the Federal land 
        demonstrated that--
                    (A) a large portion of the Federal land is 
                overloaded with a portion of the Federal land is 
                encumbered by--
                            (i) utility easements;
                            (ii) rights-of-way for roads; and
                            (iii) flowage and reservoir rights; and
                    (B) there are no known cabins, campgrounds, lodges, 
                or resorts located on any portion of the Federal land; 
                and
            (4)(5) on reacquisition by the Tribe of the Federal land, 
        the Tribe--
                    (A) has pledged to respect the easements, rights-
                of-way, and other rights described in paragraph (3) 
                (4)(A); and
                    (B)(i) does not intend immediately to modify the 
                use of the Federal land; but
                    (ii) will keep the Federal land in tax-exempt fee 
                status as part of the Chippewa National Forest until 
                the Tribe develops a plan that allows for a gradual 
                subdivision of some tracts for economic and residential 
                development by the Tribe.
    (b) Definitions.--In this section:
            (1) Federal land.--
                    (A) In general.--The term ``Federal land'' means 
                the approximately 11,760 acres of Federal land located 
                in the Chippewa National Forest in Cass County, 
                Minnesota, the boundaries of which shall be depicted on 
                the map, and described in the legal description, 
                submitted under subsection (d)(1)(B).
                    (B) Inclusions.--The term ``Federal land'' 
                includes--
                            (i) any improvement located on the Federal 
                        land described in subparagraph (A); and
                            (ii) any appurtenance to the Federal land.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (3) Tribe.--The term ``Tribe'' means the Leech Lake Band of 
        Ojibwe.
    (c) Transfer to Reservation.--
            (1) In general.--Subject to valid existing rights and 
        paragraph (2), the Secretary shall transfer to the 
        administrative jurisdiction of the Secretary of the Interior 
        all right, title, and interest of the United States in and to 
        the Federal land.
            (2) Treatment.--Effective immediately on the transfer under 
        paragraph (1), the Federal land shall be--
                    (A) held in trust by the United States for the 
                benefit of the Tribe; and
                    (B) considered to be a part of the reservation of 
                the Tribe.
    (d) Survey, Map, and Legal Description.--
            (1) In general.--The Secretary shall--
                    (A) not later than 180 days after the date of 
                enactment of this Act, complete a plan of survey to 
                establish the boundaries of the Federal land; and
                    (B) as soon as practicable after the date of 
                enactment of this Act, submit a map and legal 
                description of the Federal land to--
                            (i) the Committee on Natural Resources of 
                        the House of Representatives; and
                            (ii) the Committee on Indian Affairs of the 
                        Senate.
            (2) Force and effect.--The map and legal description 
        submitted under paragraph (1)(B) shall have the same force and 
        effect as if included in this Act, except that the Secretary 
        may correct any clerical or typographical error in the map or 
        legal description.
            (3) Public availability.--The map and legal description 
        submitted under paragraph (1)(B) shall be on file and available 
        for public inspection in the office of the Secretary.
    (e) Administration.--
            (1) In general.--Except as otherwise expressly provided in 
        this section, nothing in this section affects any right or 
        claim of the Tribe, as in existence on the date of enactment of 
        this Act, to any land or interest in land.
            (2) Prohibitions.--
                    (A) Exports of unprocessed logs.--Federal law 
                (including regulations) relating to the export of 
                unprocessed logs harvested from Federal land shall 
                apply to any unprocessed logs that are harvested from 
                the Federal land.
                    (B) Non-permissible use of land.--The Federal land 
                shall not be eligible or used for any gaming activity 
                carried out under the Indian Gaming Regulatory Act (25 
                U.S.C. 2701 et seq.).
            (3) Forest management.--Any commercial forestry activity 
        carried out on the Federal land shall be managed in accordance 
        with applicable Federal law.
                                                       Calendar No. 685

115th CONGRESS

  2d Session

                                S. 2599

                          [Report No. 115-396]

_______________________________________________________________________

                                 A BILL

  To provide for the transfer of certain Federal land in the State of 
      Minnesota for the benefit of the Leech Lake Band of Ojibwe.

_______________________________________________________________________

                           November 28, 2018

                        Reported with amendments