[116th Congress Public Law 255]
[From the U.S. Government Publishing Office]
[[Page 134 STAT. 1139]]
Public Law 116-255
116th Congress
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. <<NOTE: Dec.
23, 2020 - [S. 199]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Leech Lake Band
of Ojibwe Reservation Restoration Act.>>
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
[[Page 134 STAT. 1140]]
(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) <<NOTE: Effective date.>> 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) <<NOTE: Deadline.>> 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.
[[Page 134 STAT. 1141]]
(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) <<NOTE: Applicability.>> 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.
Approved December 23, 2020.
LEGISLATIVE HISTORY--S. 199 (H.R. 733):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 116-665 (Comm. on Natural Resources) accompanying
H.R. 733.
SENATE REPORTS: No. 116-3 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD:
Vol. 165 (2019):
June 27, considered and passed
Senate.
Vol. 166 (2020):
Dec. 3, considered and passed House.
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