[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 199 Enrolled Bill (ENR)]
S.199
One Hundred Sixteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and twenty
An Act
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;
(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;
(4) a comprehensive review of the Federal land demonstrated
that--
(A) 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
(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 (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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.