[Congressional Record Volume 164, Number 197 (Thursday, December 13, 2018)]
[Senate]
[Pages S7576-S7578]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LEECH LAKE BAND OF OJIBWE RESERVATION RESTORATION ACT
Mr. LANKFORD. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 685, S. 2599.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 2599) to provide for the transfer of certain
Federal land in the State of Minnesota for the benefit of the
Leech Lake Band of Ojibwe.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Indian Affairs, with
amendments, as follows:
(The parts of the bill intended to be stricken are shown in boldface
brackets and the parts of the bill intended to be inserted are shown in
italics.)
S. 2599
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
[[Page S7577]]
(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.
Mr. LANKFORD. Mr. President, I ask unanimous consent that the
committee-reported amendments be agreed to, and the bill, as amended,
be considered read a third time.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendments were agreed to.
The bill was ordered to be engrossed for a third reading and was read
the third time.
Mr. LANKFORD. Mr. President, I know of no other debate on the bill,
as amended.
The PRESIDING OFFICER. Is there further debate on the bill?
Hearing none, the question is, Shall the bill pass?
The bill (S. 2599), as amended, was passed as follows:
S. 2599
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.
Mr. LANKFORD. Mr. President, I ask unanimous consent that the motion
to reconsider be considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
[[Page S7578]]
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