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134 STAT. 1139
PUBLIC LAW 116–255—DEC. 23, 2020
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.
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 ‘‘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 incor-
rectly 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 individ-
uals 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 dem-
onstrated 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
Leech Lake Band
of Ojibwe
Reservation
Restoration Act.
Dec. 23, 2020
[S. 199]
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134 STAT. 1140
PUBLIC LAW 116–255—DEC. 23, 2020
(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 sub-
section (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 para-
graph (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) 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) 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.
Deadline.
Effective date.
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134 STAT. 1141
PUBLIC LAW 116–255—DEC. 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.
Æ
(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) 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.
Applicability.
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