Leech Lake Band of Ojibwe Reservation Restoration Act
PL 116-255 (S.199), enacted 12/23/2020

[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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