[House Report 118-369]
[From the U.S. Government Publishing Office]


118th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {      118-369

======================================================================



 
                  WINNEBAGO LAND TRANSFER ACT OF 2023

                                _______
                                

January 30, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Westerman, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1240]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1240) to transfer administrative jurisdiction of 
certain Federal lands from the Army Corps of Engineers to the 
Bureau of Indian Affairs, to take such lands into trust for the 
Winnebago Tribe of Nebraska, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Winnebago Land Transfer Act of 2023''.

SEC. 2. LAND TO BE TAKEN INTO TRUST.

  (a) In General.--Subject to all valid existing rights, all right, 
title, and interest (including improvements and appurtenances) of the 
United States in and to the Federal lands described in subsection (b), 
those Federal lands--
          (1) are declared to be part of the Winnebago Reservation 
        created by the Treaty between the United States and the 
        Winnebago Tribe in 1865; and
          (2) shall be held in trust by the United States for the 
        benefit of the Winnebago Tribe of Nebraska subject to the same 
        terms and conditions as those lands described in the Treaty 
        with the Winnebago Tribe, 1865 (14 Stat. 671).
  (b) Federal Lands Described.--The Federal lands described in this 
subsection are the following:
          (1) That portion of Tract No. 119, the description of which 
        is filed in the United States District Court for the Northern 
        District of Iowa (Western Division), Civil Case No. 70-C-3015-
        W, executed May 11, 1973, said tract being situated in Section 
        8 and the accretion land thereto, the Southwest Quarter of 
        Section 9, the West Half of Section 16, the East Half of 
        Section 17, Township 86 North, Range 47 West of the Fifth 
        Principal Meridian, Woodbury County, Iowa, lying Easterly of 
        the Nebraska/Iowa State Line and Southerly of the Easterly 
        extension of the North line of the Winnebago Reservation.
          (2) Tract No. 210, as described in Schedule ``A'' of the 
        ``Declaration of Taking, Legal Description of Tract 210 and 
        Judgment on Stipulation and Order of Distribution'', filed in 
        the United States District Court for the Northern District of 
        Iowa (Western Division), Civil Case No. 70-C-3015-W.
          (3) Tract No. 113, as described in the ``Judgment on 
        Declaration of Taking and Legal Description of Tract 113'', 
        filed in the United States District Court for the District of 
        Nebraska, Civ. No. 03498.
  (c) Gaming Prohibition.--Class II and class III gaming under the 
Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall not be 
allowed at any time on the land taken into trust under subsection (a).

                       PURPOSE OF THE LEGISLATION

    The purpose of H.R. 1240 is to transfer administrative 
jurisdiction of certain Federal lands from the Army Corps of 
Engineers to the Bureau of Indian Affairs, to take such lands 
into trust for the Winnebago Tribe of Nebraska, and for other 
purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 1240 would transfer administrative jurisdiction of 
approximately 1,600 acres of land from the Army Corps of 
Engineers in the state of Iowa to the Bureau of Indian Affairs 
to be held in trust for the Winnebago Tribe of Nebraska.
    The Winnebago tribe of Nebraska is one of the federally 
recognized tribes of the Ho-Chunk people, with the reservation 
encompassing approximately 117,000 acres of land located in 
Thurston and Dixon Counties in Nebraska, and Woodbury County in 
Iowa. The tribe has approximately 5,300 enrolled members.\1\ 
The Treaties of 1865\2\ and 1874\3\ between the Winnebago Tribe 
and the U.S. government set aside land in Nebraska and Iowa for 
the occupation and future home of Winnebago Indians.
---------------------------------------------------------------------------
    \1\``Winnebago tribe of Nebraska'', Tiller's Guide to Indian 
Country, Edited and Compiled by Veronica E. Velarde Tiller (2015).
    \2\14 Stat. 671.
    \3\18 Stat. 170.
---------------------------------------------------------------------------
    In 1970, the Army Corps of Engineers condemned certain land 
on the eastern boundary of the Winnebago reservation and 
Missouri River in Nebraska and Iowa through eminent domain for 
the Snyder-Winnebago Oxbow Lake Recreation Complex project.\4\ 
This project was never completed. In response, the tribe 
challenged the Corps of Engineers condemnation in federal 
court, both in Iowa and Nebraska. During the proceedings in the 
District Court of Nebraska, the tribe was successful in 
reclaiming the land as the court held that the Corps of 
Engineers was without authority to take tribal lands by eminent 
domain.\5\
---------------------------------------------------------------------------
    \4\The federal land acquisition for this project was for 
construction of a protective levee and water control structure that 
would allow for greater control of the water levels and sediment 
control of the Oxbow lakes in Iowa and Nebraska, as well as a public 
recreation area for fishing and wildlife purposes. https://
www.nwo.usace.army.mil/mrrp/site-Snyder-Winnebago-Complex/.
    \5\United States v. Winnebago Tribe of Nebraska. 542 F.2d 1002, 
1006 (8th Cir. 1976).
---------------------------------------------------------------------------
    In the Iowa proceedings, the tribe's attorney entered into 
a stipulation in the District Court of Iowa, which conceded 
that the state of Iowa owned the land that was condemned by the 
Corps of Engineers. In return the tribe would receive a 
separate land selection or $45,000. According to the tribe, 
their attorney was not authorized to enter into the 
stipulation. Additionally, the tribe neither received a 
different land selection nor monetary compensation.
    The tribe then appealed the ruling to the Eighth Circuit 
Court of Appeals, which held that the Corps of Engineers 
illegally condemned the land in Iowa and that the land could 
only be taken by an Act of Congress and voided the stipulation. 
However, the court also held that because the tribe failed to 
properly preserve the right to appeal in the Iowa District 
Court proceedings, the court could not order the return of the 
land.\6\ These tracts are referred to as Tracts 119 and 210 in 
H.R. 1240 and encompass approximately 1,600 acres.
---------------------------------------------------------------------------
    \6\Bear v. United States, 810 F.2d 153 (8th Cir. 1987).
---------------------------------------------------------------------------
    H.R. 1240 would place tracts 210 and a portion of 119 into 
trust for the tribe to be made part of the reservation. In 
addition, a formerly privately owned 60-acre tract of land, 
referenced as Tract 113 in H.R. 1240, that was also condemned 
by the Corps of Engineers, would be placed into trust, as it 
would be landlocked by the other tracts placed into trust under 
the bill.

                            COMMITTEE ACTION

    H.R. 1240 was introduced on February 28, 2023, by Rep. 
Randy Feenstra (R-IA). The bill was referred to the Committee 
on Natural Resources, and within the Committee to the 
Subcommittee on Indian and Insular Affairs. On June 7, 2023, 
the Subcommittee on Indian and Insular Affairs held a hearing 
on the bill. On June 13, 2023, the Committee on Natural 
Resources met to consider the bill. The Subcommittee on Indian 
and Insular Affairs was discharged from further consideration 
of H.R. 1240 by unanimous consent. Rep. Hageman (R-WY) offered 
an amendment designated Hageman #1. The amendment offered by 
Rep. Hageman was agreed to by unanimous consent. The bill, as 
amended, was then ordered favorably reported to the House of 
Representatives by unanimous consent.

                                HEARINGS

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on Indian and Insular Affairs held 
on June 7, 2023.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 establishes the short title of the bill as the 
``Winnebago Land Transfer Act of 2023.''

Section 2. Land to be taken into trust

    Section 2(a) provides that all right, title, and interest 
of the United States in and to the Federal lands described in 
subsection (b) shall be held in trust for the benefit of the 
Winnebago Tribe of Nebraska and declared to be part of the 
reservation as established by the Treaty of March 8, 1865.
    Section 2(b) describes the lands that will be taken into 
trust for the Winnebago Tribe of Nebraska as a portion of Tract 
No. 119, Tract No. 210 in the state of Iowa, and Tract No. 113 
in the state of Iowa.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

           COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL 
                               BUDGET ACT

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    H.R. 1240 would transfer administrative jurisdiction of 
about 1,500 acres of land in Woodbury County and Monona County, 
Iowa, from the Army Corps of Engineers to the Bureau of Indian 
Affairs to take such lands into trust for the Winnebago Tribe 
of Nebraska. The bill would prohibit certain types of gaming on 
that land. Using information from the agencies, CBO estimates 
that the administrative costs to implement H.R. 1240 would not 
be significant; any spending would be subject to the 
availability of appropriated funds.
    The transfer of that land would reduce the number of acres 
in the Missouri River Recovery Program, an effort to compensate 
for losses of fish and wildlife habitat resulting from past 
development. The license between the Corps and Iowa expressly 
prohibits any liability against the federal government if 
lawmakers enact legislation conveying the land to the tribe.
    H.R. 1240 would impose an intergovernmental mandate as 
defined in the Unfunded Mandates Reform Act (UMRA) on the 
Winnebago Tribe of Nebraska by prohibiting gaming on tribal 
land in Iowa. That prohibition would apply to land being placed 
into trust for the benefit of the tribe under the bill. Because 
gaming on such land is currently allowed under federal law, the 
proposed ban would be a mandate. However, because the tribe has 
no plans to conduct gaming on the land, the cost of the mandate 
would be small and below the threshold established in UMRA ($99 
million in 2023, adjusted annually for inflation).
    The bill contains no private-sector mandates as defined in 
UMRA.
    The CBO staff contacts for this estimate are Julia Aman 
(for federal costs) and Rachel Austin (for mandates). The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Director 
of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to transfer administrative 
jurisdiction of certain Federal lands from the Army Corps of 
Engineers to the Bureau of Indian Affairs, to take such lands 
into trust for the Winnebago Tribe of Nebraska, and for other 
purposes.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 UNFUNDED MANDATES REFORM ACT STATEMENT

    According to the Congressional Budget Office (CBO), H.R. 
1240 would impose an intergovernmental mandate as defined in 
the Unfunded Mandates Reform Act (UMRA) on the Winnebago Tribe 
of Nebraska by prohibiting gaming on tribal land in Iowa. 
However, CBO estimates that the cost of the mandate would be 
small and below the threshold established in UMRA ($99 million 
in 2023, adjusted annually for inflation).

                           EXISTING PROGRAMS

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

                        CHANGES IN EXISTING LAW

    As ordered reported by the Committee on Natural Resources, 
H.R. 1240 makes no changes in existing law.

                                  [all]