[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 199 Referred in House (RFH)]
<DOC>
116th CONGRESS
1st Session
S. 199
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 28, 2019
Referred to the Committee on Natural Resources
_______________________________________________________________________
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.
Passed the Senate June 27, 2019.
Attest:
JULIE E. ADAMS,
Secretary.