U.S. GOVERNMENT PUBLISHING OFFICE

31–530 PDF WASHINGTON : 2018

S. HRG. 115–327 

S. 2599, THE LEECH LAKE BAND OF OJIBWE 

RESERVATION RESTORATION ACT 

HEARING 

BEFORE THE

COMMITTEE ON INDIAN AFFAIRS 

UNITED STATES SENATE 

ONE HUNDRED FIFTEENTH CONGRESS 

SECOND SESSION 

JULY 11, 2018 

Printed for the use of the Committee on Indian Affairs 

( 

(II) 

COMMITTEE ON INDIAN AFFAIRS 

JOHN HOEVEN, North Dakota, Chairman 

TOM UDALL, New Mexico, Vice Chairman 

JOHN BARRASSO, Wyoming 

JOHN MCCAIN, Arizona 

LISA MURKOWSKI, Alaska 

JAMES LANKFORD, Oklahoma 

STEVE DAINES, Montana 

MIKE CRAPO, Idaho 

JERRY MORAN, Kansas 

MARIA CANTWELL, Washington 

JON TESTER, Montana, 

BRIAN SCHATZ, Hawaii 

HEIDI HEITKAMP, North Dakota 

CATHERINE CORTEZ MASTO, Nevada 

TINA SMITH, Minnesota 

T. MICHAEL ANDREWS, Majority Staff Director and Chief Counsel 

JENNIFER ROMERO, Minority Staff Director and Chief Counsel 

(III) 

C O N T E N T S 

Page 

Hearing held on July 11, 2018 ............................................................................... 1 

Statement of Senator Cortez Masto ....................................................................... 11 

Statement of Senator Hoeven ................................................................................. 1 

Statement of Senator Smith ................................................................................... 2 

Statement of Senator Udall .................................................................................... 1 

WITNESSES

Jackson, Sr., Hon. Faron, Chairman, Leech Lake Band of Ojibwe ..................... 4 

Prepared statement .......................................................................................... 5 

Weldon, Leslie, Deputy Chief, National Forest System, U.S. Forest Service, 

U.S. Department of Agriculture .......................................................................... 3 

Prepared statement .......................................................................................... 4 

APPENDIX

Response to written questions submitted by Hon. Tom Udall to Hon. Faron 

Jackson, Sr. .......................................................................................................... 13 

U.S. Department of the Interior, prepared statement .......................................... 13 

(1) 

S. 2599, THE LEECH LAKE BAND OF OJIBWE 

RESERVATION RESTORATION ACT 

WEDNESDAY, JULY 11, 2018 

U.S. SENATE, COMMITTEE ON INDIAN AFFAIRS, Washington, DC. 

The Committee met, pursuant to notice, at 2:58 p.m. in room 

628, Dirksen Senate Office Building, Hon. John Hoeven, 

Chairman of the Committee, presiding. 

OPENING STATEMENT OF HON. JOHN HOEVEN, 

U.S. SENATOR FROM NORTH DAKOTA 

The CHAIRMAN. Good afternoon. 

We will call this hearing to order. 

Today, the Committee will receive testimony on one bill. That is 

S. 2599, the Leech Lake Band of Ojibwe Reservation Restoration 

Act. 

On March 22, 2018, Senator Smith introduced S. 2599, the Leech 

Lake Band of Ojibwe Reservation Restoration Act. If enacted, this 

bill would transfer approximately 11,760 acres of Federal land from 

the U.S. Department of Agriculture to the U.S. Department of the 

Interior for the benefit of the Leech Lake Band of Ojibwe. 

At this time, I would like to turn to the Vice Chairman, Senator 

Udall, to offer any opening statement he may have. 

STATEMENT OF HON. TOM UDALL, 

U.S. SENATOR FROM NEW MEXICO 

Senator UDALL. Thank you, Chairman Hoeven, for calling today’s 

legislative hearing. 

The bill before us today addresses an issue of great importance 

to Indian Country, restoration of tribal homelands. 

Senator Smith’s bill, S. 2599, would return over 11,000 acres of 

tribal homeland to the Leech Lake Band of Ojibwe. For nearly a 

decade, beginning in the late 1940’s, the BIA improperly authorized 

the sale of tribal member allotments without their consent. 

These ‘‘Secretarial Transfers’’ resulted in thousands of acres 

being sold to the Forest Service and transferred to the Chippewa 

National Forest. With this legislation, Congress has the opportunity to right a historic wrong by returning stewardship of these 

lands to the people most capable, the Leech Lake Band of Ojibwe. 

Thank you again, Mr. Chairman, for calling this hearing. I look 

forward to today’s testimony. 

2 

The CHAIRMAN. We will now hear from our witnesses. I will turn 

to Senator Smith in a moment for purposes of introduction. 

First, I would like to welcome Ms. Leslie Weldon, Deputy Chief 

for the National Forest System, U.S. Forest Service, U.S. Department of Agriculture, Washington, D.C. For our other honored guest 

today, I will turn to Senator Smith for the introduction. 

Senator Smith. 

STATEMENT OF HON. TINA SMITH, 

U.S. SENATOR FROM MINNESOTA 

Senator SMITH. Chairman Hoeven, thank you so much for this 

hearing. Thank you very much Vice Chairman Udall for holding 

this hearing today on my bill, the Leech Lake Band of Ojibwe Reservation Restoration Act. 

This hearing represents an important step forward as we move 

this legislation forward. The Leech Lake Band of Ojibwe Reservation Restoration Act seeks to restore 11,760 acres of land to the 

tribe that was wrongfully taken from them. 

This bill comes after much negotiation and planning with both 

the tribe and the Forest Service. I would like to thank both Ms. 

Weldon and Chairman Jackson for being here today. 

I would like to take a moment to introduce Chairman Faron 

Jackson of the Leech Lake Band of Ojibwe who is here to testify 

in support of this bill that would increase the limited land base the 

tribe currently has. 

Also, out of friendship, I want to welcome you, Chairman Jackson, and also welcome your wife, Laurel, for being here. They had 

a lovely drive all the way down from Leech Lake to Washington, 

D.C., probably about a good two-day drive, to get here. Thank you 

for taking the time to be here. 

Chairman Jackson has served as the Leech Lake Band of 

Ojibwe’s chairman since July 2016. As chairman, he has skillfully 

served the 11 communities comprising the Leech Lake Indian Reservation. 

During his tenure, he has worked to address the numerous challenges the Band faces and also capitalized on the many, many assets this Band has. He has worked hard on increasing and preserving Ojibwe culture, increasing safety on the reservation and 

also working hard on efforts to restore the Band’s land, which is 

what brings us here today which is so important to the approximately 9,500 people that live on the reservation. 

Chairman Jackson, I want to thank you for traveling to be with 

us today. I look forward to hearing both of your testimonies. 

The CHAIRMAN. Thank you, Senator. 

I want to remind the witnesses that your full written testimony 

will be made a part of the official record. Please keep your statements to no more than five minutes so that we have time for questions. 

We look forward to hearing your testimony. We will proceed with 

Ms. Weldon. 

3 

STATEMENT OF LESLIE WELDON, DEPUTY CHIEF, NATIONAL 

FOREST SYSTEM, U.S. FOREST SERVICE, U.S. DEPARTMENT 

OF AGRICULTURE 

Ms. WELDON. Thank you, Mr. Chairman, Vice Chairman and 

members of the Committee for inviting me to share the views of 

the U.S. Department of Agriculture on the Leech Lake Band of 

Ojibwe Reservation Restoration Act. 

The Administration has some concerns with the bill and we are 

committed to working with the Committee and the Leech Lake 

Band to find solutions. 

The Forest Service takes our responsibilities to the Leech Lake 

Band very seriously. In 2016, we began working with the Leech 

Lake Band on issues specific to the Chippewa National Forest and 

worked well together to address those issues for the benefit of the 

Ojibwe lifeways and the general public. 

Since that time, the Forest Service and the tribe have engaged 

in a series of consultations in order to work through their specific 

management priorities. 

I want to share my appreciation to Chairman Jackson and Forest 

Supervisor Darla Lenz for their productive working relationship 

and the outcomes we are beginning to see from that relationship. 

I want to emphasize that the uniqueness of the landscape and 

the relationship between the Forest Service and the Leech Lake 

Band of Ojibwe in service to the guaranteed treaty rights the Band 

has. 

The Forest Service and the Leech Lake Band officials have also 

met several times to discuss the issue of land transfer and to review the parcels that are a part of this. An initial review has been 

completed. 

In the course of that, we further identified the administrative 

issues we want to make sure we can work through well as we finalize this bill. Those include how the ownership will be fragmented, 

our ability to manage boundaries and also being able to look at and 

address the changes in access, recreational opportunities that may 

occur in some areas of the forest as well as the ongoing activities 

around our managing timber sale contracts and over 100 special 

uses also occurring on these parcels, including rights-of-way, utilities, railroads and cemeteries. 

We look forward to working with the Committee to address these 

issues and looking for those administrative solutions that will help 

us to do that. 

The USDA Forest Service is committed to supporting and respecting the sovereignty of tribal governments as well as supporting our rural communities. We look forward to continuing to 

work with this Committee to ensure the prosperity of the Leech 

Lake Band and providing the benefits and services from the Chippewa National Forest in a way that engages with our public and 

the Band and offering solutions that can work for all. 

I am happy to answer any questions you may have. 

[The prepared statement of Ms. Weldon follows:] 

4 

PREPARED STATEMENT OF LESLIE WELDON, DEPUTY CHIEF, NATIONAL FOREST

SYSTEM, U.S. FOREST SERVICE, U.S. DEPARTMENT OF AGRICULTURE

Mr. Chairman, members of the Committee, thank you for inviting me to share the 

views of the United States Department of Agriculture on the Leech Lake Band of 

Ojibwe Reservation Restoration Act. The Administration has a number of concerns 

with this bill, but we are committed to working with the committee and the Leech 

Lake Band to find a working solution. 

The Forest Service takes our responsibilities to the Leech Lake Band very seriously. In 2016, we began working with the Leech Lake Band on issues specific to 

the Chippewa National Forest, and solutions to those issues for the benefit of the 

general public and Ojibwe lifeways. Since that time, the agency and the tribe have 

engaged in a series of consultations in order to work through their specific management priorities. 

The Forest Service and Leech Lake Band of Ojibwe officials have also met several 

times to discuss the issue of land transfer and review the parcel list. An initial review of the land parcels was completed and some parcels are no longer owned by 

the Forest Service. In the course of that review the Forest Service identified concerns that would arise if these lands were transferred. 

Fragmented ownership and boundaries resulting from the transfer could also lead 

to less access and fewer recreation opportunities on some areas of the national forest, impact planned and existing timber sale contracts, and affect more than 100 

documented special use permits and rights of way for roads, utilities, railroads and 

cemeteries. 

We at the USDA Forest Service take seriously our mandate to support rural communities while respecting the sovereignty of tribal governments. We look forward 

to continuing to work with this committee to ensure the prosperity of the Leech 

Lake Band and all of the people who rely on the Chippewa National Forest. 

This concludes my testimony. I am happy to take your questions at this time. 

The CHAIRMAN. Thank you. 

Chairman JACKSON. 

STATEMENT OF HON. FARON JACKSON, SR., CHAIRMAN, 

LEECH LAKE BAND OF OJIBWE 

Mr. JACKSON. Chairman Hoeven, Vice Chairman Udall and members of the Committee, Boozhoo and greetings. 

My name is Faron Jackson, Sr. I also want to acknowledge my 

Ojibwe name which is Ge Way Din. It means North Wind. It was 

given to me by my mother when my father passed away in 1998. 

I am proud to serve as the Chairman of the Leech Lake Band 

of Ojibwe. I want to thank you for providing me the opportunity 

to appear before you today and for taking the time to review this 

legislation. 

Further, Senator Smith, I want to thank you for introducing this 

important legislation and for working closely with Senator 

Klobuchar and your colleagues to advance it. You have been a true 

friend to the Leech Lake Band of Ojibwe and Indian Country as a 

whole. 

The passage of this legislation is extremely important to our 

tribe and will go a long way to restore our limited land base while 

preserving the land for future generations. 

To provide a brief background, the Leech Lake Band of Ojibwe 

is part of the Minnesota Chippewa Tribe, is comprised of over 9,500 

members, and is headquartered in North Central Minnesota. 

We hold the smallest percentage of our reservation of any of the 

State’s tribes. Of the 864,158 original acres, nearly 300,000 acres 

are surface area of the three big lakes in our region. Further, the 

Chippewa National Forest holds over 75 percent of the land within 

5 

the boundaries of the reservation. This leaves less than 5 percent 

of land owned by the Leech Lake Band. 

As you know, the legislation before you would transfer 11,760 

acres of Chippewa National Forest land back to the Leech Lake 

Band of Ojibwe which was taken from owners of tribal allotments 

through a process called ‘‘Secretarial Transfers.’’ 

Starting in the year 1948, the Bureau of Indian Affairs incorrectly interpreted a Department of Interior executive order and believed that they had the authority to sell these individual tribal allotments without getting the consent of the rightful owners. 

These sales ceased in 1955 following a memo that the Bureau of 

Indian Affairs received from the United States Field Solicitor that 

advised them that these sales were illegal. 

The Leech Lake Band of Ojibwe has no immediate intention of 

changing the use of these lands. We would honor all current agreements and anticipate that these lands would be held until we develop a broader plan that will allow for a gradual subdivision of 

some of the tracts for economic and residential development. 

The land will be open to the Native and non-Native members of 

the public to hunt, fish, explore, hike, bike and enjoy, as they do 

today. 

A robust land base is the foundation of tribal sovereignty and 

self-determination. Lands from the geographic reach of our jurisdiction supports our residing tribal populations. It is the basis of our 

tribal economy, and provides an irreplaceable forum for our cultural vitality, practices and traditions. 

Specifically, the lack of land has a direct impact on our ability 

to access adequate housing. This has been proven to jeopardize the 

health and safety of our tribal members and a remains one of the 

biggest issues within Indian Country today. 

For us, passage of this legislation and securing of additional land 

is one of the critical components needed to continue our work to increase housing options and will positively impact members of our 

tribe now and for generations to come. 

Once again, on behalf of the Leech Lake Band of Ojibwe, I want 

to say Chi-Miigwetch for the invitation to testify today. We know 

that there are many important matters which come before this 

Committee and we are honored that you would take the time to review this legislation. 

As you have heard, this legislation would go a long way to restore the Leech Lake Band of Ojibwe’s limited land base, while at 

the same time, honor current agreements and preserve the land for 

future generations to come. 

I look forward to answering any questions you may have. Thank 

you. 

[The prepared statement of Mr. Jackson follows:] 

PREPARED STATEMENT OF HON. FARON JACKSON, SR., CHAIRMAN, LEECH LAKE BAND

OF OJIBWE

Chairman Hoeven, Vice Chairman Udall, and Members of the Committee, 

Boozhoo and greetings. My name is Faron Jackson, Sr., and I am proud to serve 

as the Chairman of the Leech Lake Band of Ojibwe. 

I want to thank you for providing me the opportunity to appear before you today 

and for taking the time to review S. 2599, the Leech Lake Band of Ojibwe Reservation Restoration Act. Further, Senator Smith, I want to thank you for introducing 

6 

this important legislation and for working closely with Senator Klobuchar and your 

colleagues to advance it. You have been a true friend to the Leech Lake Band of 

Ojibwe and Indian Country as a whole. 

The passage of this legislation is extremely important to our Tribe and will go 

a long way to restore our limited land base while preserving the land for future generations. 

To provide a brief background, the Leech Lake Band of Ojibwe is part of the Minnesota Chippewa Tribe, is comprised of over 9,500 Members, and is headquartered 

in North Central Minnesota. The Leech Lake Tribe holds the smallest percentage 

of its reservation of any of the state’s tribes. 

Of the 864,158 original acres, nearly 300,000 acres are surface area of the three 

big lakes in our region. Further, the Chippewa National Forest holds over seventyfive percent of the land within the boundaries of the reservation. This leaves less 

than 5 percent of land owned by the Leech Lake Band. 

As you know, the legislation before you would transfer 11,760 acres of Chippewa 

National Forest land back to the Leech Lake Band of Ojibwe which was taken from 

owners of tribal allotments through a process called ‘‘Secretarial Transfers’’. 

Starting in the year 1948, the Bureau of Indian Affairs incorrectly interpreted a 

Department of Interior executive order and believed that they had the authority to 

sell these individual tribal allotments without getting the consent of the rightful 

owners. These sales ceased in 1955 following a memo that the Bureau of Indian Affairs 

received from the United States Field Solicitor that advised them that these sales 

were illegal. 

Of the 17,000 acres of tribal lands that were taken through this process, the biggest share—11,760 acres—is located in Cass County, in and around the largest concentration of our tribal population as well as our Tribal Headquarters in Cass Lake. 

The Leech Lake Band of Ojibwe has no immediate intention of changing the use 

of these lands. We would honor current agreements, and anticipate that these lands 

would be held until we develop a broader plan that will allow for a gradual subdivision of some of the tracts for economic and residential development. The land will 

be open to the public to hunt, fish, explore, hike, bike and enjoy! 

We believe a significant tribal land base is the foundation of tribal sovereignty 

and self-determination. Federally recognized lands form the geographical limits of 

each tribe’s jurisdiction, supports our residing tribal populations, is the basis of our 

tribal economy, and provides an irreplaceable forum for our cultural vitality, practices and traditions. Within the Leech Lake community the lack of land has a direct 

impact on our ability to access adequate housing. This has been proven to jeopardize 

the health and safety of our Tribal Members and a remains one of the biggest issues 

within Indian Country today. 

For us, the passage for this legislation and securing of additional land is one of 

the critical components needed to continue our work to increase housing options and 

will positively impact Members of our tribe now and for generations to come. 

Once again and on behalf of the Leech Lake Band of Ojibwe, Chi-Miigwetch for 

the invitation to testify today. We know that there are many important matters 

which come before this Committee and are honored that you would take the time 

to review the Leech Lake Band of Ojibwe Reservation Restoration Act. 

As you have heard, this legislation would go a long way to restore the Leech Lake 

Band of Ojibwe’s limited land base, while at the same time, honor current agreements and preserve the land for future generations. 

Thank you Mr. Chairman and Mr. Vice Chairman for holding this hearing, I look 

forward to answering any questions you may have. 

The CHAIRMAN. Thank you. 

We will begin with questions. 

The CHAIRMAN. Mr. Chairman, I will start with a question for 

you. 

The bill, S. 2599, states that ‘‘a large portion of the Federal lands 

that are to be transferred to the Department of the Interior for 

benefit of the tribe is overlooked with utility easements, right-ofway for roads, and flowage and reservoir rights.’’ 

You mentioned the tribe already has a long range plan for economic and housing development on the land. My question is how 

will this land be developed for economic and residential opportunities while still recognizing the rights that exist on the land? 

7 

Mr. JACKSON. Chairman Hoeven, currently there aren’t any developed buildings, housing or lodges on any of the land we are talking about today. These right-of-ways, utilities and easements are 

something that the tribe utilizes as well and they would be honored. 

The CHAIRMAN. I think that is important to understand. For example, the land transfer we just worked out with the Lytton 

Rancheria, they worked very hard with all stakeholders and I 

think they really did an admirable job to make sure that all stakeholders were treated fairly and well. 

The transfer was made for the benefit of the tribe but I think 

they were very careful in their planning and very inclusive. 

Obviously there are various interests with these utilities, easements and rights-of-way for roads, flowage and reservoir rights as 

well as, of course, the tribal interests. It is important that you 

work with everyone as you make this transfer to get them onboard. 

I guess that is the point I am making. 

Mr. JACKSON. I understand that. As I said, we have no intentions 

of changing any of the dynamics there with the hunting and fishing 

rights we have. We hunt side by side with non-Natives on tribal 

lands, State forestry lands and that will continue to happen. 

The CHAIRMAN. As a matter of fact, I have hunted not on your 

lands but not too far away so I know it is good for deer hunting 

and other types of hunting as well, and fishing. 

Vice Chairman Udall. 

Senator UDALL. Thank you very much, Chairman Hoeven. 

First, I would like to acknowledge two constituents of mine sitting in the crowd, Lacey Begay and John Cummings who are in 

Washington as part of the Native Leadership Program. I had the 

pleasure of meeting these two young advocates this morning. They 

are doing great work on behalf of Indian Country. I am pleased to 

see them here today. Welcome. 

Ms. Weldon, more than 300 tribes manage over 18 million acres 

of forest land. These lands border nearly 4,000 miles of Forest 

Service-managed lands which are at a heightened threat to 

wildfires. 

I know the Forest Service does excellent work to support fire 

mitigation and fire suppression activities but as you know very 

well, the Forest Service has faced an uphill battle when it comes 

to forestry work due to a dramatic increase in costly, more destructive and catastrophic wildfires. 

In 2004, Congress passed the Tribal Forest Protection Act to be 

another tool in the fire mitigation toolbox. The TFPA allows tribes 

to have greater control over their lands by helping the Forest Service with its work on adjacent Forest Service lands. 

TFPA is a great idea but I have heard mixed results. My question for you is does the Forest Service have sufficient personnel and 

capacity to work with tribes and assist in their TFPA endeavors? 

Ms. WELDON. Thank you, Vice Chairman. 

We are affirming with you that TFPA and the purposes behind 

it are really on track with the idea of sharing across landscapes 

and looking at ways to protect communities, lands and reduce the 

risk of wildfire. 

8 

We have a number of examples where we are working effectively 

with the Tribal Forest Protection Act. We find that we do extremely well when we work closely with the tribes as we are developing proposals together and ensuring we are optimizing the priority landscape we are working with in that. 

As relates to our capacity, where we are making those commitments, we are able to follow through on those. As we become more 

efficient and effective in using this tool and also stewardship contracting to deliver that, we are seeing more of that occur. 

That includes a couple of examples happening with the Leech 

Lake Band as well as some other areas in the west. 

Senator UDALL. Could you use more people to carry out these responsibilities? 

Ms. WELDON. Could we use more people? 

Senator UDALL. Yes. 

Ms. WELDON. I think that is a correct answer for a lot of work 

we are trying to do, to increase the amount of outcomes on our 

landscapes overall. 

Senator UDALL. Thank you. 

I have heard from some tribes in New Mexico about stewardship 

contracts. These contracts can be difficult and sometimes inflexible. 

Selecting a contract mechanism that fits best for both parties is 

very important, especially under a government-to-government relationship. 

One option is what is known as 638 contracts, a process which 

has been around since 1975. You are familiar with that. I see you 

are nodding there. The process is not perfect but tribes know the 

process well. 

The question really is do you think 638 contracting for forestry 

work under the Tribal Forest Protection Act is a viable option for 

tribes to protect their resources, considering that 638 contracting 

is a process that many tribes are comfortable and familiar with? 

Ms. WELDON. Thank you very much. 

As you know, the Forest Service and USDA do not have the ability to apply that. As we have talked with our colleagues and USDI, 

we are learning there are a lot of additional flexibilities. 

The ability for the management of our stewardship contracts or 

contracts to be shared more fully with the tribes being able to host 

those and work through a lot of the administrative details does facilitate our ability to get work done. 

I would see it as something that we would be very interested in 

exploring further. 

Senator UDALL. I am glad you are willing to do that because 

tribes really understand that process well. I think it would further 

the relationship. 

Chairman Jackson, as you know, climate change can have dramatic impacts on everything from water, forests to wildlife, all of 

which do not follow land management boundaries. Whether federally-managed lands or tribally-managed lands, land management 

agencies and departments are on the front lines on climate change 

resiliency efforts. 

The lands tribes manage may often prove more resilient than 

Federal land because tribal lands are managed by the tribes who 

know the land the best. It is my understanding that you are workVerDate Mar 15 2010 12:41 Sep 19, 2018 Jkt 031530 PO 00000 Frm 00012 Fmt 6633 Sfmt 6601 S:\DOCS\31530.TXT JACK
9 

ing with the BIA on an integrated resource management plan to 

have better control over your natural resources. 

Can you please describe your tribe’s experience with forestry 

management on the lands subject to this bill and your land in general? 

Mr. JACKSON. You are right. We have had climate change and we 

are beginning to take steps to morph this plan into an integrated 

resource management plan to be more inclusive with regard to 

wildlife, water quality, culturally-significant plants and invasive 

species in deterrence. 

Our plan would focus on the ecological balance of the forests 

within the Leech Lake Reservation which will produce a more diverse forest and better reflect the pre-settlement forests that were. 

Additionally, the forests will be raised in resilient climate change 

through diversity and retaining species on suitable sites. We have 

our forest staff that works in our headquarters office in Walker 

come out to the communities to have discussions with the elders. 

They go out into the forests and have working relationships in 

the field with community elders about the plants, the water and 

what is happening in the forest. We have a really good working relationship with Cass County with our forest rangers, working side 

by side with our tribal forest department. 

They are out in the field and the woods and are constantly having good, productive, ongoing dialogue. We are really happy about 

that. 

We have a MOU with Cass County. As I said, we have a good 

working relationship with Cass County and the forestry. We feel 

well connected with the staff and look at the forest issues together. 

Senator UDALL. [Presiding.] Chairman Jackson, I think the 

tribes, where I have seen them work on forestry issues, are very 

conscientious and diligent. 

I was wondering if you have thoughts in terms of the question 

I asked of Ms. Weldon on 638. You obviously have familiarity with 

638. Do you think that is something that could work for your tribe 

or other tribes in terms of forestry? 

Mr. JACKSON. Thank you for that question. 

I do not have all the information about the 638. I have been kind 

of on other issues just being on the council for two years. I can get 

back to you on that. 

Senator UDALL. We will put that question in the record and you 

will have an opportunity to take a look at it. 

Senator Cortez Masto. 

Senator CORTEZ MASTO. I will yield to Senator Smith since it is 

her bill and I will ask questions after that. 

Thank you. 

Senator UDALL. Okay. Thank you. 

Senator SMITH. Thank you, Vice Chairman Udall. Thank you, 

Senator Cortez Masto. I appreciate that. 

I would like to start with Ms. Weldon. I want to thank you so 

much for being here today. I have been so happy to work with the 

Forest Service in the drafting of this bill. I very much appreciate 

the assistance you provided and the working relationship we have 

had. 

10 

I understand, as you have indicated, that there are still some 

issues and details we need to work out, particularly around permitting, rights-of-way on parcels and those kinds of issues. 

For example, I know there is some question about the timber 

contracts and those issues. I appreciate, Chairman Jackson, you 

making clear your intention to respect those previous commitments. I appreciate that very much. 

I also want to note that you brought up Cass County, Chairman 

Jackson, also a really important partner in this whole endeavor 

and the fact that the Leech Lake Band has a good relationship 

with Cass County which I think will very much help. 

Let me say, Ms. Weldon, you and I had a chance to visit right 

before we began. I appreciate your comments that you look forward 

to working on this so we can wrap up any last remaining details. 

I want to thank you for that and see if there is anything else you 

would like to add on that? 

Ms. WELDON. No. Thank you very much. 

We spent a lot of time visiting with the local leadership for the 

national forest there. There is good support for the intention behind the bill and really acknowledging the very unique landscaping 

relationship between the tribal lands and the national forest. 

I think there are some things we need to work out and maybe 

some novel ways of looking at how to do that into the future. 

Thank you. 

Senator SMITH. I very much appreciate that. I look forward to 

continuing to work with you so we can get this figured out. 

Chairman Jackson, I know there have been lots and lots of consultations. Could you tell us a little bit about the kinds of ways you 

have been working on this with the Forest Service and maybe also 

with Cass County as we have been hammering out the details of 

this bill? 

Mr. JACKSON. We have been working with Cass County in a lot 

of meetings. We attend some of their city and council meetings. We 

talk about how important the land is, not only for housing needs 

and economic development but also hunting needs. 

There is land within the reservation that is kind of being sold, 

is parceled off, and it is kind of right in the area where a lot of 

tribal and non-tribal members hunt. That is always a concern and 

our land base seems to continue to shrink with more posting of 

land. 

Every time you are out hunting in different seasons, there are 

always new lands surfacing. That is a big concern. It kind of ties 

in a bit with the housing needs I alluded to earlier. We have two 

families living in one household, sometimes three families residing 

in one household. It is also pertinent for housing development to 

have this land available. 

Senator SMITH. Your work on this I think is really important. Access to affordable housing and the challenges of homelessness are 

issues throughout the country and throughout Minnesota. You are 

really dealing with it firsthand at Leech Lake. 

Thank you for your work on that. It is part of why this is so important, isn’t that right? 

Mr. JACKSON. That is correct, Senator. 

11 

Senator SMITH. I want to wrap up by saying I so appreciate you 

being here. I really look forward to working with both of you to get 

this figured out. It will be very important. I know how important 

it is for Leech Lake. 

I am glad to be finding a good solution to this, along with my 

colleague, Senator Klobuchar. 

Thank you. 

Senator UDALL. Thank you. 

STATEMENT OF HON. CATHERINE CORTEZ MASTO, 

U.S. SENATOR FROM NEVADA 

Senator CORTEZ MASTO. Thank you. 

Chairman Jackson, welcome and welcome to your wife. I am glad 

you made it safely. Ms. Weldon, welcome as well. 

I am supportive of the legislation and look forward to seeing 

what comes from the fruit of you getting together. It sounds like 

you are not far off. There is the ability to work together to transfer 

the land and really have some good legislation. I appreciate that 

and the comments you have had today. 

While I have you here, Ms. Weldon, I would like to talk about 

an issue happening in Nevada. The Forest Service is currently analyzing the impacts of making available for lease approximately 

54,000 acres of National Forest lands in the Ruby Mountains in 

Elko County, making it available to oil and gas leasing. 

Such an oil and gas program would be managed by the BLM. As 

you know, the Forest Service is conducting this analysis because 

the Forest Service and the BLM received a leasing inquiry from a 

Wyoming-based developer. 

Due to the high public interest, I am told that the Forest Service 

extended the comment period through April 23, 2018. In fact, I submitted my own letter. 

You should know that this area of Nevada is particularly known 

as the Swiss Alps of Nevada. You can imagine how beloved and 

beautiful it is for everyone who lives there in northern Nevada. I 

understand there has been an overwhelming majority of people 

who have submitted comments that are opposed to the drilling. 

My question to you is specifically, do you know or can you give 

me a date of when the Forest Service will be releasing its final environmental assessment and decision of record for the potential use 

of Ruby Mountain or what is going to happen there? 

Ms. WELDON. Thank you, Senator. 

We do not have an exact date but we are in the timeframe where 

the final review is happening here in the national office. We expect 

that to happen very soon. We would like to check on the status of 

that final review process happening here in headquarters and be 

able to work with your staff to let you know exactly when. 

Senator CORTEZ MASTO. Do you know if a determination has 

been made one way or the other by the Forest Service and it has 

just not been released? 

Ms. WELDON. I do not know but I will check into it and get back 

to you. 

Senator CORTEZ MASTO. I look forward to talking with you further about that. Thank you. 

Ms. WELDON. Thank you. 

12 

Senator CORTEZ MASTO. Thank you very much. 

Mr. Chair, Ranking Member, I have no further questions. 

Senator UDALL. Senator Smith, how about you, anymore questions? 

Senator SMITH. No. 

Senator UDALL. Thank you. 

Let me also recognize today that we apparently have the young 

people who came in the red shirts of the Bank of America’s Youth 

Leadership Program. I understand this is a program to increase 

civic education. Senator Cortez Masto’s staff says they are the best 

and brightest students from many States so I was trying to find 

out a bit about them. 

In terms of the civics, this is a hearing on a piece of legislation 

introduced by Senator Smith to give back land that was in the possession of the Forest Service that got there in an improper way. 

The name of the tribe is the Leech Lake Band of Ojibwe in Minnesota. 

Whenever we do anything that impacts the Forest Service and a 

tribe, we have a hearing. That is why we have a Forest Service witness and the chairman of the tribe here. We have had a full hearing. 

The next thing we do is mark up the bill at a later date and 

move it along in the legislative process. 

Thank you for being here and learning a little bit about the sausage-making as they call it. 

If there are no more questions for today, members may also submit follow-up, written questions for the record. The hearing record 

will be open for two weeks. 

I want to thank the witnesses for their time and testimony today. 

This hearing is adjourned. 

[Whereupon, at 3:20 p.m., the Committee was adjourned.] 

(13) 

A P P E N D I X 

PREPARED STATEMENT OF THE U.S. DEPARTMENT OF THE INTERIOR

Chairman Hoeven, Vice Chairman Udall, and Members of the Committee, thank 

you for the opportunity to present the Department of the Interior’s (Department) 

views on S. 2599, the Leech Lake Band of Ojibwe Reservation Restoration Act, 

which directs the Secretary of Agriculture to transfer certain lands in the Chippewa 

National Forest to the Secretary of the Interior to be held in trust for the Leech 

Lake Band of Ojibwe in Minnesota. 

Administering trust lands is an important responsibility that the United States 

undertakes on behalf of Indian tribes. The Congress, through its plenary authority 

over Indian Affairs, can direct the Department to accept and administer lands to 

be held in trust as it does in S. 2599. The Department thus does not take issue with 

Congress’s decision to pursue legislative proposals, such as S. 2599, for this purpose. 

S. 2599 directs the Secretary of Agriculture to transfer administrative jurisdiction 

to the Secretary of the Interior of approximately 11,760 acres of federal land to be 

placed in trust for the benefit of the Leech Lake Band of Ojibwe. Under S. 2599, 

the Secretary of the Interior’s land into trust action shall be in accordance with the 

regulations of the Department applicable to trust land acquisitions for Indian tribes 

that are mandated by federal legislation. 

S. 2599 also includes several prohibitions, including that any federal law relating 

to the export of unprocessed logs harvested from federal lands shall apply to any 

such logs harvested from the lands defined in S. 2599; that the federal land defined 

in S. 2599 shall not be eligible or used for any gaming activity carried out under 

the Indian Gaming Regulatory Act; and that any commercial forestry activity carried out on the lands shall be managed in accordance with applicable federal law. 

This concludes my statement and I would be happy to answer questions. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. TOM UDALL TO

HON. FARON JACKSON, SR. 

Dear Chairman Hoeven and Vice Chairman Udall: 

I am writing on behalf of our Tribe to thank you for including S. 2599, the Leech 

Lake Band of Ojibwe Reservation Restoration Act in the Senate Committee of Indian Affairs legislative hearing on July 11, 2018. We appreciate the opportunity to 

testify before the Committee and share for the record why this land transfer is so 

critical to our tribe. We will continue to work closely with all stakeholders and 

would like to affirm our commitment to work with all parties as the legislative process proceeds. Thank you for your work to move forward this important legislation 

and please do not hesitate to contact me should you have any additional questions. 

As you have heard, S. 2599 would transfer 11,760 acres ofland that was taken 

from owners of tribal allotments and incorporated into the Chippewa National Forest back to the Leech Lake Band ofOjibwe (LLBO). The Chippewa National Forest 

acquired the land illegally through a process called Secretarial Transfers. I testified 

that the Bureau of Indian Affairs incorrectly interpreted a Department of Interior 

executive order and believed that they had the authority to sell these individual 

tribal allotments without getting the consent of the rightful owners. These sales 

ceased in 1955 following a memo that the Bureau of Indian Affairs received from 

the United States Field Solicitor that advised them that these sales were illegal. 

I want to reiterate that our Tribe stands ready to work with stakeholders and 

Congress as this process proceeds. Further, we have a very good working relationship with Cass County, Minnesota and the Chippewa National Forest where the 

lands in question are located. Our tribe will continue to work with all stakeholders 

to make sure that the public will have access to roads and utilities on the land, as 

well as access to recreation opportunities in the area. The land will be open to native and non-native members ofthe public to hunt, fish, explore, hike, bike and enjoy 

just as they are today. As I testified, our tribe will continue to work with the ComVerDate Mar 15 2010 12:41 Sep 19, 2018 Jkt 031530 PO 00000 Frm 00017 Fmt 6601 Sfmt 6621 S:\DOCS\31530.TXT JACK
14 

mittee and the U.S. Forest Service to solve any remaining technical issues. Our 

tribe has no immediate intention of changing the use of these lands and would 

honor all current agreements and timber contracts. 

I would also like to respond to Senator Udall’s question regarding whether ‘‘638’’ 

contracting for forestry work under the Tribal Forest Protection Act (TFP A) as a 

viable option for tribes to protect their resources. As you know, the USDA does not 

yet have the ability to apply ‘‘638’’ contracting, however, our tribe generally supports 

expanded ‘‘638’’ authority when there is the capacity to do so as ‘‘638’’ would allow 

each tribe to determine how best to spend funds and administrate programs. ‘‘638’’ 

contracting would also allow for greater tribal participation in TFPA projects. 

In addition, with the onset of climate change, the Leech Lake Reservation has a 

Forest Management Plan (FMP) that has been in effect since 2002. Our tribe is beginning steps to morph this plan into an Integrated Resource Management Plan 

(IRMP). An IRMP will be much more inclusive with regard to wildlife, water quality, culturally significant plants, invasive species deterrence, etc. This plan will 

focus on ecological balancing of the forests within the Leech Lake Reservation; calling for some distancing from monoculture and some early successional species. This 

will result in a more diverse forest that will better reflect the pre-settlement forests 

that were. Additionally, these forests will be best poised to resist climate change 

through their diversity and retaining species on suitable sites. 

Again, acquiring this land is critical for our tribe as a significant tribal land base 

is the foundation of tribal sovereignty and self-determination. Federally recognized 

lands form the geographical limits of each tribe’s jurisdiction, supports our residing 

tribal populations, is the basis of our tribal economy, and provides an irreplaceable 

forum for our cultural vitality, our religious beliefs, practices and traditions. 

Once again, and on behalf of the Leech Lake Band ofOjibwe, I would like to extend my sincerest appreciation for holding a legislative hearing on this bill. It will 

go a very long way to restore our limited land base. Thank you for your consideration of, and work to, advance this legislation. Please do not hesitate to contact me 

should you have any additional questions. 

Æ