[Senate Report 116-3]
[From the U.S. Government Publishing Office]
Calendar No. 33
116th Congress } { Report
SENATE
1st Session } { 116-3
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TO PROVIDE FOR THE TRANSFER OF CERTAIN FEDERAL LAND IN THE STATE OF
MINNESOTA FOR THE BENEFIT OF THE LEECH LAKE BAND OF OJIBWE
_______
March 7, 2019.--Ordered to be printed
_______
Mr. Hoeven, from the Committee on Indian Affairs,
submitted the following
R E P O R T
[To accompany S. 199]
[Including cost estimate of the Congressional Budget Office]
The Committee on Indian Affairs, to which was referred the
bill (S. 199) to provide for the transfer of certain Federal
land in the State of Minnesota for the benefit of the Leech
Lake Band of Ojibwe, reports favorably thereon without
amendment and recommends that the bill do pass.
PURPOSE
The bill, S. 199, transfers 11,760 acres of Federal land
from the Department of Agriculture (USDA) to the Department of
the Interior (DOI) for the benefit of the Leech Lake Band of
Ojibwe Indian Tribe (Tribe).
BACKGROUND
The bill, S. 199, would restore Tribal land that was lost
when many of its members were illegally dispossessed of their
land via ``secretarial transfers'' during the 1950s.
Secretarial transfers were a transaction where the DOI approved
the sale or transfer of Tribal land and/or individually owned
Indian allotments without the consent of the Tribe or the
individual Indian allottees. The Tribe maintains that this
practice by the DOI resulted in the Tribe having an
insufficient land base to meet the current needs of its
membership.\1\ The Tribe is seeking the return of the described
land in S. 199 to help restore its land base, to protect tribal
sacred sites, and to build housing on some of the tracts of
land near the Tribe's existing communities.
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\1\The Tribe has the largest population out of the State of
Minnesota Tribes (about 10,660 as of the 2010 census), the Tribe has
the smallest amount of land available for its use, as much of its
reservation is submerged under the area's lakes.
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SUMMARY OF THE BILL AND NEED FOR LEGISLATION
The Leech Lake Band of Ojibwe is a Federally recognized
Tribe with approximately 10,660 members and a reservation
located within the National Chippewa Forest in Cass County,
Minnesota. The Tribe is part of the greater Minnesota Chippewa
Tribe, which is comprised of the Bois Forte, Fond du Lac, Grand
Portage, Leech Lake, Mille Lacs, and White Earth reservations.
Under the provisions of S. 199, approximately 11,760 acres
of Federal land located within the Chippewa National Forest
would be transferred from the USDA to the DOI. This land
contains utility easements, rights-of-way for roads, and
flowage and reservoir rights. No cabins, campgrounds, lodges,
or resorts are located on the land.
The Tribe intends to respect all existing easements,
rights-of-way, and other encumbrances on the land and does not
intend to immediately modify the current land uses. The Federal
land will stay in tax-exempt fee status as part of the Chippewa
National Forest until the Tribe develops a plan for future
economic and residential use.
The land described in S. 199 will be considered a part of
the Tribe's reservation. Following a survey, mapping, and legal
description of the land by the Secretary of the USDA, the land
shall be transferred to the Secretary of the Interior,
including all right, title, and interest of the Federal land
described in the bill, in trust status, for the benefit of the
Tribe.
LEGISLATIVE HISTORY
On January 29, 2019, Senator Smith with Senator Klobuchar
introduced the Leech Lake Band of Ojibwe Reservation
Restoration Act. The bill, S. 199, was referred to the
Committee on Indian Affairs of the Senate on the same day. On
January 29, 2019, the Committee held a duly called business
meeting to consider twelve bills, including S. 199. No
amendments were filed to S. 199. The Committee passed all
twelve bills, including S. 199, en bloc by voice vote and
ordered the bills to be favorably reported.
115th Congress. On March 22, 2018, Senator Smith introduced
the Leech Lake Band of Ojibwe Reservation Restoration Act. The
bill, S. 2599, was referred to the Committee on Indian Affairs
of the Senate on the same day.
On July 11, 2018, the Committee held a legislative hearing
on S. 2599. At this hearing, Ms. Leslie Weldon, Deputy Chief
for National Forest System, Forest Service, USDA, and the
Honorable Faron Jackson, Sr., Chairman, Leech Lake Band of
Ojibwe Indian Tribe, both testified in support of the
legislation. On September 17, 2018, Senator Klobuchar was added
as a cosponsor.
On September 26, 2018, the Committee held a duly called
business meeting to consider S. 2599. Senator Smith filed a
timely amendment in the nature of a substitute that addressed
comments provided by the Forest Service of the USDA. The
Committee passed S. 2599 by voice vote and ordered the bill, as
amended, to be favorably reported. On December 13, 2018, the
Senate passed S. 2599 with amendments by voice vote. The bill
was received in the House where it was held at the desk on
December 19, 2018. No further action was taken on the bill.
A companion bill, H.R. 5529, was introduced by
Representative Nolan in the House of Representatives on April
17, 2018. On April 20, 2018, the bill, H.R. 5529, was referred
to the Committee on Natural Resources of the House of
Representatives, Subcommittees on Indian, Insular, and Alaska
Native Affairs, and on Federal Lands. On July 26, 2018,
Representative McCollum was added as a cosponsor. No further
action has been taken on H.R. 5529.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
This section provides the short title of the bill as the
``Leech Lake Band of Ojibwe Reservation Restoration Act''.
Sec. 2. Leech Lake Band of Ojibwe reservation restoration
This section:
Provides the Congressional Findings and
Definitions used in the bill.
Requires that the Federal land transferred
between the Department of Agriculture and the
Department of the Interior to be held in trust by the
United States for the benefit of the Leech Lake Band of
Ojibwe and considered to be part of the Tribe's
reservation.
Directs the Secretary of Agriculture to
complete, within 180 days after the date of enactment
of this Act, a plan of survey to establish boundaries
of the land; and submit a map and legal description of
the land to the Committee on Natural Resources of the
House of Representatives and the Committee on Indian
Affairs of the Senate, and be made available to the
public. The map and legal description of the land may
be updated for any clerical or typographical errors by
the Secretary of Agriculture.
Provides that nothing in this section
affects any right or claim of the Tribe, unless
expressly provided in this section, in existence on the
date of enactment of this Act, to any land or interest
in land.
Applies Federal law, including regulations
relating to the export of unprocessed logs harvested
from Federal land, to any unprocessed logs that are
harvested from the Federal land.
Prohibits that the Federal land transferred
in this Act from being eligible or used for any gaming
activity carried out under the Indian Gaming Regulatory
Act (25 U.S.C. 2701 et seq.)
COST AND BUDGETARY CONSIDERATIONS
The following cost estimate, as provided by the
Congressional Budget Office, dated February 8, 2019, was
prepared for S. 199:
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 8, 2019.
Hon. John Hoeven,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 199, the Leech Lake
Band of Ojibwe Reservation Restoration Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jon Sperl.
Sincerely,
Keith Hall,
Director.
Enclosure.
S. 199--Leech Lake Band of Ojibwe Reservation Restoration Act
S. 199 would take into trust for the benefit of the Leech
Lake Band of Ojibwe Indians approximately 12,000 acres of land
in the Chippewa National Forest currently administered by the
Forest Service. The bill would prohibit certain types of gaming
on the land and require that commercial forestry on the land be
managed in accordance with federal law. Using information from
the Forest Service, CBO estimates that taking the land into
trust would cost less than $500,000. Any such spending would be
subject to the availability of appropriated funds.
The land that would be taken into trust generates
offsetting receipts, which are treated as reductions in direct
spending, from the sale of timber and minerals, and from other
special uses. Using information from the Forest Service, CBO
estimates enacting S. 199 would reduce offsetting receipts by
about $1 million over the 2019-2029 period. However, because
under current law, some receipts would be spent without further
appropriation, CBO estimates that enacting S. 199 would have no
significant net effect on direct spending in any year or over
the 2019-2029 period. Enacting the bill would not affect
revenues.
The CBO staff contact for this estimate is Jon Sperl. The
estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
REGULATORY AND PAPERWORK IMPACT STATEMENT
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires each report accompanying a bill to evaluate the
regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee believes S. 199 will have
minimal impact on regulatory or paperwork requirements.
EXECUTIVE COMMUNICATIONS
The Committee has received no communications from the
Executive Branch regarding S. 199.
CHANGES IN EXISTING LAW
In accordance with Committee Rules, subsection 12 of rule
XXVI of the Standing Rules of the Senate is waived. In the
opinion of the Committee, it is necessary to dispense with
subsection 12 of rule XXVI of the Standing Rules of the Senate
to expedite the business of the Senate.
[all]