What This Bill Does
This bill changes the Leech Lake Reservation Restoration Act to allow the transfer of more federal land to the Leech Lake Band of Ojibwe. It updates the law to include additional land from the Chippewa National Forest that records show was sold without proper consent from the original landowners.
Who It Affects
The Leech Lake Band of Ojibwe tribal government receives the primary benefit. The Secretary of the Interior and the Forest Service must manage the land transfers.
Key Provisions
• The Secretary of the Interior can work with the Leech Lake Band of Ojibwe to swap unsuitable federal land for other National Forest System land located in Cass County, Minnesota, on an acre-for-acre basis (Sec. 2(c)(2))
• The Secretary can transfer land to the tribe on a rolling basis as land is identified and surveys are completed (Sec. 2(c)(2))
• Land transfers made under an agreement count as final agency action under federal administrative law (Sec. 2(c)(3))
• The Secretary must submit maps and legal descriptions of all transferred federal land (Sec. 2(d)(1))
What Changes
The definition of federal land eligible for transfer now includes any land in the Chippewa National Forest in Cass County, Minnesota that records show was sold without consent of the rightful landowners. The tribe may now swap land unsuitable for its future needs for alternative forest land nearby or of cultural importance.
Important Definitions
The bill does not provide explicit definitions of key terms beyond amending existing statutory language.
Effective Date
Not specified in bill text
II
Calendar No. 517
118TH CONGRESS
2D SESSION
S. 616
[Report No. 118–225]
To amend the Leech Lake Band of Ojibwe Reservation Restoration Act
to provide for the transfer of additional Federal land to the Leech
Lake Band of Ojibwe, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 1, 2023
Ms. SMITH (for herself and Ms. KLOBUCHAR) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
SEPTEMBER 18, 2024
Reported by Mr. SCHATZ, with amendments
[Omit the part struck through and insert the part printed in italic]
A BILL
To amend the Leech Lake Band of Ojibwe Reservation Res-
toration Act to provide for the transfer of additional
Federal land to the Leech Lake Band of Ojibwe, and
for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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•S 616 RS
SECTION 1. SHORT TITLE.
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This Act may be cited as the Leech Lake Reservation
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Restoration Technical Corrections Amendments Act of
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2023.
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SEC. 2. TRANSFER OF ADDITIONAL FEDERAL LAND.
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(a) FINDINGS.—Section 2(a)(5) of the Leech Lake
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Band of Ojibwe Reservation Restoration Act (Public Law
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116–255; 134 Stat. 1140) is amended by striking sub-
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paragraph (B) and inserting the following:
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‘‘(B) does not intend immediately to mod-
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ify the use of the Federal land.’’.
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(b) INCLUSION OF ADDITIONAL FEDERAL LAND.—
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Section 2 of the Leech Lake Band of Ojibwe Reservation
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Restoration Act (Public Law 116–255; 134 Stat. 1139)
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is amended—
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(1) in subsection (b)(1)—
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(A) in subparagraph (A)—
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(i) by striking ‘‘means the approxi-
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mately’’ and inserting ‘‘means—
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‘‘(i) the approximately’’;
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(ii) in clause (i) (as so designated), by
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striking the period at the end and inserting
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‘‘; and’’; and
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(iii) by adding at the end the fol-
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lowing:
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•S 616 RS
‘‘(ii) any other land managed by the
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Secretary, through the Chief of the Forest
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Service, located in the Chippewa National
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Forest in Cass County, Minnesota, which
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records maintained by the Bureau of In-
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dian Affairs show was sold without the
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consent of a majority unanimous consent of
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the rightful landowners.’’; and
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(B) in subparagraph (B)—
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(i) by redesignating clauses (i) and
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(ii) as clauses (ii) and (iii), respectively;
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and
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(ii) by inserting before clause (ii) (as
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so redesignated) the following:
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‘‘(i) any land transferred pursuant to
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an agreement entered into between the
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Secretary and the Tribe under subsection
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(c)(2);’’;
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(2) in subsection (c)—
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(A) in paragraph (1), by striking ‘‘para-
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graph (2)’’ and inserting ‘‘paragraphs (2) and
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(3)’’;
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(B) by redesignating paragraph (2) as
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paragraph (3); and
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•S 616 RS
(C) by inserting after paragraph (1) the
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following:
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‘‘(2) AGREEMENT.—
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‘‘(A) IN
GENERAL.—On agreement be-
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tween the Secretary and the Tribe, the Sec-
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retary shall substitute, for purposes of the
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transfer under paragraph (1), alternative Na-
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tional Forest System land located in Cass
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County, Minnesota, on an acre-for-acre basis,
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for those parcels of Federal land to be trans-
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ferred under that paragraph that are found to
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be unsuitable for the future uses of the Tribe
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in a manner that avoids in-holdings and pro-
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vides a preference for land adjacent to or near
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existing Leech Lake trust lands and lands of cul-
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tural importance to the Tribe, to the maximum
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extent practicable.
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‘‘(B) FREQUENCY OF TRANSFERS.—Pursu-
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ant to an agreement entered into under sub-
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paragraph (A), the Secretary may transfer land
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to the Tribe Secretary of the Interior on a roll-
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ing basis as that land is identified and surveys
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are completed.’’; and identified and surveys are
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completed.
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•S 616 RS
‘‘(C) FINAL AGENCY ACTION.—An agree-
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ment described in subparagraph (A), and any
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transfer of land made pursuant to an agree-
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ment entered into under that subparagraph,
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shall be considered a final agency action under
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subchapter II of chapter 5, and chapter 7, of
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title 5, United States Code.’’; and
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(3) in subsection (d)—
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(A) in paragraph (1)—
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(i) in subparagraph (A), by inserting
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‘‘described in subsection (b)(1)(A)(i)’’ after
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‘‘Federal land’’; and
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(ii) in subparagraph (B), by striking
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‘‘submit a map and legal description of the
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Federal land’’ and inserting ‘‘submit maps
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and legal descriptions of the Federal land
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transferred pursuant to paragraphs (1)
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and (2) of subsection (c), as applicable,’’;
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(B) in paragraph (2)—
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(i) by striking ‘‘map and legal descrip-
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tion’’ and inserting ‘‘maps and legal de-
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scriptions’’; and
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(ii) by striking ‘‘map or legal descrip-
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tion’’ and inserting ‘‘maps or legal descrip-
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tions’’; and
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•S 616 RS
(C) in paragraph (3), by striking ‘‘map
1
and legal description’’ and inserting ‘‘maps and
2
legal descriptions’’.
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Calendar No. 517
118TH CONGRESS
2D SESSION
S. 616
[Report No. 118–225]
A BILL
To amend the Leech Lake Band of Ojibwe Reserva-
tion Restoration Act to provide for the transfer
of additional Federal land to the Leech Lake
Band of Ojibwe, and for other purposes.
SEPTEMBER 18, 2024
Reported with amendments
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