[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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