IB 

Union Calendar No. 549 

116TH CONGRESS 

2D SESSION H. R. 733 

[Report No. 116–665] 

To provide for the transfer of certain Federal land in the State of Minnesota 

for the benefit of the Leech Lake Band of Ojibwe. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 23, 2019 

Ms. MCCOLLUM introduced the following bill; which was referred to the 

Committee on Natural Resources 

DECEMBER 18, 2020 

Additional sponsors: Mr. COLE, Mr. COOK, Ms. DAVIDS of Kansas, Ms. 

HAALAND, Mr. GALLEGO, Ms. MOORE, Mr. CA ́RDENAS, and Mrs. TORRES

of California 

DECEMBER 18, 2020 

Reported from the Committee on Natural Resources; committed to the Committee of the Whole House on the State of the Union and ordered to be 

printed 


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•HR 733 RH

A BILL 

To provide for the transfer of certain Federal land in the 

State of Minnesota for the benefit of the Leech Lake 

Band of Ojibwe. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Leech Lake Band of 

5 Ojibwe Reservation Restoration Act’’. 

6 SEC. 2. LEECH LAKE BAND OF OJIBWE RESERVATION RES7 TORATION. 

8 (a) FINDINGS.—Congress finds that— 

9 (1) the Federal land described in subsection 

10 (b)(1) was taken from members of the Leech Lake 

11 Band of Ojibwe during a period— 

12 (A) beginning in 1948; 

13 (B) during which the Bureau of Indian Af14 fairs incorrectly interpreted an order of the Sec15 retary of the Interior to mean that the Depart16 ment of the Interior had the authority to sell 

17 tribal allotments without the consent of a ma18 jority of the rightful landowners; and 

19 (C) ending in 1959, when the Secretary of 

20 the Interior was— 

21 (i) advised that sales described in sub22 paragraph (B) were illegal; and 

23 (ii) ordered to cease conducting those 

24 sales; 


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1 (2) as a result of the Federal land described in 

2 subsection (b)(1) being taken from members of the 

3 Leech Lake Band of Ojibwe, the Leech Lake Band 

4 of Ojibwe hold the smallest percentage of its original 

5 reservation lands of any Ojibwe bands in Minnesota; 

6 (3)(A) the applicable statute of limitations pro7 hibits individuals from pursuing through litigation 

8 the return of the land taken as described in para9 graph (1); but 

10 (B) a Federal judge ruled that the land could 

11 be restored to the affected individuals through the 

12 legislative process; 

13 (4) a comprehensive review of the Federal land 

14 demonstrated that— 

15 (A) a portion of the Federal land is en16 cumbered by— 

17 (i) utility easements; 

18 (ii) rights-of-way for roads; and 

19 (iii) flowage and reservoir rights; and 

20 (B) there are no known cabins, camp21 grounds, lodges, or resorts located on any por22 tion of the Federal land; and 

23 (5) on reacquisition by the Tribe of the Federal 

24 land, the Tribe— 


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1 (A) has pledged to respect the easements, 

2 rights-of-way, and other rights described in 

3 paragraph (4)(A); and 

4 (B)(i) does not intend immediately to mod5 ify the use of the Federal land; but 

6 (ii) will keep the Federal land in tax-ex7 empt fee status as part of the Chippewa Na8 tional Forest until the Tribe develops a plan 

9 that allows for a gradual subdivision of some 

10 tracts for economic and residential development 

11 by the Tribe. 

12 (b) DEFINITIONS.—In this section: 

13 (1) FEDERAL LAND.— 

14 (A) IN GENERAL.—The term ‘‘Federal 

15 land’’ means the approximately 11,760 acres of 

16 Federal land located in the Chippewa National 

17 Forest in Cass County, Minnesota, the bound18 aries of which shall be depicted on the map, 

19 and described in the legal description, sub20 mitted under subsection (d)(1)(B). 

21 (B) INCLUSIONS.—The term ‘‘Federal 

22 land’’ includes— 

23 (i) any improvement located on the 

24 Federal land described in subparagraph 

25 (A); and 


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1 (ii) any appurtenance to the Federal 

2 land. 

3 (2) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Agriculture. 

5 (3) TRIBE.—The term ‘‘Tribe’’ means the 

6 Leech Lake Band of Ojibwe. 

7 (c) TRANSFER TO RESERVATION.— 

8 (1) IN GENERAL.—Subject to valid existing 

9 rights and paragraph (2), the Secretary shall trans10 fer to the administrative jurisdiction of the Secretary 

11 of the Interior all right, title, and interest of the 

12 United States in and to the Federal land. 

13 (2) TREATMENT.—Effective immediately on the 

14 transfer under paragraph (1), the Federal land shall 

15 be— 

16 (A) held in trust by the United States for 

17 the benefit of the Tribe; and 

18 (B) considered to be a part of the reserva19 tion of the Tribe. 

20 (d) SURVEY, MAP, AND LEGAL DESCRIPTION.— 

21 (1) IN GENERAL.—The Secretary shall— 

22 (A) not later than 180 days after the date 

23 of enactment of this Act, complete a plan of 

24 survey to establish the boundaries of the Fed25 eral land; and 


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1 (B) as soon as practicable after the date of 

2 enactment of this Act, submit a map and legal 

3 description of the Federal land to— 

4 (i) the Committee on Natural Re5 sources of the House of Representatives; 

6 and 

7 (ii) the Committee on Indian Affairs 

8 of the Senate. 

9 (2) FORCE AND EFFECT.—The map and legal 

10 description submitted under paragraph (1)(B) shall 

11 have the same force and effect as if included in this 

12 Act, except that the Secretary may correct any cler13 ical or typographical error in the map or legal de14 scription. 

15 (3) PUBLIC AVAILABILITY.—The map and legal 

16 description submitted under paragraph (1)(B) shall 

17 be on file and available for public inspection in the 

18 office of the Secretary. 

19 (e) ADMINISTRATION.— 

20 (1) IN GENERAL.—Except as otherwise ex21 pressly provided in this section, nothing in this sec22 tion affects any right or claim of the Tribe, as in ex23 istence on the date of enactment of this Act, to any 

24 land or interest in land. 

25 (2) PROHIBITIONS.— 


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1 (A) EXPORTS OF UNPROCESSED LOGS.— 

2 Federal law (including regulations) relating to 

3 the export of unprocessed logs harvested from 

4 Federal land shall apply to any unprocessed 

5 logs that are harvested from the Federal land. 

6 (B) NON-PERMISSIBLE USE OF LAND.— 

7 The Federal land shall not be eligible or used 

8 for any gaming activity carried out under the 

9 Indian Gaming Regulatory Act (25 U.S.C. 

10 2701 et seq.). 

11 (3) FOREST MANAGEMENT.—Any commercial 

12 forestry activity carried out on the Federal land 

13 shall be managed in accordance with applicable Fed14 eral law. 


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Union Calendar No. 549 

116TH CONGRESS 

2D SESSION H. R. 733 

[Report No. 116–665] 

A BILL 

To provide for the transfer of certain Federal land 

Leech Lake Band of Ojibwe. in the State of Minnesota for the benefit of the 

DECEMBER 18, 2020 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


pamtmann on DSKBC07HB2PROD with BILLS