What This Bill Does
This bill transfers certain federal lands from the Army Corps of Engineers to the Bureau of Indian Affairs. The lands will be held in trust (legally owned and managed by the government) for the benefit of the Winnebago Tribe of Nebraska as part of their reservation.
Who It Affects
The Winnebago Tribe of Nebraska, the Army Corps of Engineers, the Bureau of Indian Affairs, and potentially anyone who uses the transferred lands.
Key Provisions
- The federal government declares specific land parcels to be part of the Winnebago Reservation created by an 1865 treaty (Sec. 2(a)(1))
- The United States will hold the transferred lands in trust for the Winnebago Tribe under the same terms and conditions as the 1865 treaty (Sec. 2(a)(2))
- Class II and Class III gaming (a type of gambling regulated under federal law) is prohibited on the transferred lands at any time (Sec. 2(c))
What Changes
Three specific land tracts in Iowa and Nebraska will change from Army Corps of Engineers control to Bureau of Indian Affairs control and become part of the Winnebago Tribe's reservation. Gambling operations cannot occur on these lands.
Important Definitions
None defined in bill text
Effective Date
Not specified in bill text
138 STAT. 1483
PUBLIC LAW 118–68—JULY 12, 2024
Public Law 118–68
118th Congress
An Act
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.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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 sub-
section (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 exten-
sion 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 Dec-
laration of Taking and Legal Description of Tract 113’’, filed
in the United States District Court for the District of Nebraska,
Civ. No. 03498.
Winnebago Land
Transfer Act of
2023.
July 12, 2024
[H.R. 1240]
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138 STAT. 1484
PUBLIC LAW 118–68—JULY 12, 2024
LEGISLATIVE HISTORY—H.R. 1240:
HOUSE REPORTS: No. 118–369 (Comm. on Natural Resources).
SENATE REPORTS: No. 118–180 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 170 (2024):
Feb. 5, considered and passed House.
June 20, considered and passed Senate.
Æ
(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).
Approved July 12, 2024.
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