Winnebago Land Transfer Act of 2023

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1240) 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, as amended.

Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and to include extraneous material on H.R. 1240, the bill now under consideration.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, H.R. 1240, the Winnebago Land Transfer Act of 2023, would replace approximately 1,600 acres of land into trust for the Winnebago Tribe of Nebraska.

The Winnebago Tribe of Nebraska is one of the federally recognized Tribes of the Ho-Chunk people. Their reservation encompasses 117,000 acres of land located in Thurston and Dixon Counties in Nebraska and Woodbury County in Iowa.

The treaties of 1865 and 1874 between the Tribe and the U.S. Government established the land that is now known as the Winnebago Tribe's reservation.

In 1970, the Army Corps of Engineers condemned tracts of land on the eastern boundary of the Winnebago Reservation in Nebraska and Iowa through eminent domain for the use of the Snyder-Winnebago Oxbow Lake Recreation Complex project. The Tribe challenged this taking in Federal Court. In Nebraska, the District Court ruled in favor of the Tribe, and the parcels in the State were returned.

That was not the case in Iowa. A failure to properly preserve a right of appeal meant that the Eighth Circuit Court could not return the land to the Tribe through a court order, even though they won their case. The land would have to be returned to the Tribe through an act of Congress.

H.R. 1240 would right the wrong that occurred in 1970 by returning the land and placing it into trust. An additional 60-acre tract that was condemned by the Army Corps of Engineers would also be placed into trust as it would be landlocked by the main parcels being placed into trust.

The land is currently woodland and marsh and has recreational, hunting, and fishing values. The Tribe testified they intend to manage the land under their Winnebago Wildlife and Parks Department and plan to make few, if any, changes to the conservation measures currently in place. Under this legislation, the land would be ineligible for gaming under the Indian Gaming Regulatory Act.

Mr. Speaker, I thank the gentleman from Iowa (Mr. Feenstra) for his work on the bill, I encourage adoption of the legislation, and I reserve the balance of my time.

Mr. Speaker, I yield 5 minutes to the bill's sponsor, the gentleman from Iowa (Mr. Feenstra).

Mr. Speaker, I have no further requests for time, I am prepared to close, and I continue to reserve the balance of my time.

Mr. Speaker, as has been stated, the Winnebago Tribe has been working for more than 50 years to have these approximately 1,600 acres restored to their reservation. I am hopeful that in this Congress we can finally get it done.

Mr. Speaker, I, again, want to thank Congressman Feenstra and the Winnebago Tribe of Nebraska for their hard work on this legislation. I urge adoption of the bill, and I yield back the balance of my time.

Mr. President, the Winnebago Land Transfer Act brings a simple issue of fairness to the Senate floor. I introduced this bill with my colleagues after hearing from members of the Winnebago Tribe about the trials they have faced over decades. These trials were sadly imposed by our own government, and that is why our government must resolve them.

In the mid-1800s, the government forcibly removed the Winnebago Tribe from their homeland. They settled in a new home in 1865--the Winnebago Indian Reservation in my home State of Nebraska.

The government promised that land to the Winnebago Tribe, and they promised it forever, but they did not keep that promise. In 1970, the U.S. Army Corps of Engineers condemned 1,600 acres of the Tribe's reservation land for a proposed recreation project--a project that was never even started. The land seizure launched over half a century of legal battles between the Winnebago Tribe and the U.S. Government-- battles that never brought this matter to a just resolution.

But America is defined by our striving toward the ideals of justice and equality. Our government was established to protect these ideals, and that is what we will do by passing the Winnebago Land Transfer Act. Our legislation will restore the Tribe's rightful land, transferring the remaining tracts of land back from the U.S. Army Corps.

The House of Representatives passed this legislation earlier this year, and that is the version we are voting on today. They passed it because, like I said, it is a simple issue of fairness--one that all of us, no matter our political party, can get behind.

I am hopeful that today the Senate will follow suit, that we will uphold those ideals of justice and of equality. I am hopeful that we will pass this bill to return the land to its rightful owner, the Winnebago Tribe.

Mr. President, as if in legislative session, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 411, H.R. 1240.

I ask unanimous consent that the bill be considered read a third time.

I know of no further debate on the bill.

I ask unanimous consent that the motion to reconsider be considered made and laid upon the table.

I yield the floor.

I suggest the absence of a quorum.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise in support of H.R. 1240, the Winnebago Land Transfer Act of 2023, introduced by my colleague from Iowa, Representative Feenstra.

This bill would return two tracts of land acquired through eminent domain by the Army Corps of Engineers back into the trust for the Winnebago Tribe of Nebraska.

In 1865, the Winnebago Tribe and the United States signed a treaty promising the Tribe their reservation in Nebraska along the Missouri River for the cession of their Dakota lands.

The United States violated this treaty in the 1970s when the U.S. Army Corps of Engineers acquired land from the reservation for flood control by invoking eminent domain without congressional approval or approval of the Secretary of the Interior.

The U.S. Court of Appeals for the Eighth Circuit has since held that the Army Corps of Engineers lacked the authority to exercise eminent domain over trust lands. Despite the court's decision, the land has never been returned to the Tribe and remains in the possession of the Army Corps of Engineers.

H.R. 1240 seeks to rectify this wrong by returning and reintegrating the land into the Winnebago Tribe's reservation.

Mr. Speaker, I urge my colleagues to right this wrong and vote ``yes,'' and I reserve the balance of my time.

Mr. Speaker, I have no further requests for time, I strongly urge my colleagues to support this legislation, and I yield back the balance of my time.

Mr. Speaker, I thank Chairman Westerman for bringing this important bill to the floor.

The Winnebago Reservation was established by two treaties in 1865 and 1874 and has been the home of the Winnebago Tribe ever since.

In 1975, more than 100 years later, the Army Corps of Engineers took two

small pieces of land within the Missouri River away from the Winnebago Tribe. Since then, the Federal Government has ignored the land and has not made any plans to develop it. The bill would make things right by returning the land that was taken by the Army Corps of Engineers and give it back to the Winnebago Tribe.

During this process, I have gotten to know many of the people of the Winnebago Tribe. I have learned about the great work and the things they do in agriculture, business, and community development.

It is wonderful to see several of them in our gallery today, and I thank them for coming.

This is so important to them and for our land. From my conversations with them, the Winnebago Tribe plans to use this land for conservation that will be open to the public, and I am excited to see their plans for how they will improve this land.

Mr. Speaker, I am proud to lead this effort in the House, I encourage my colleagues to support this important bill, and I thank the chairman for yielding me time.

Mr. Speaker, I rise today in support of H.R. 1240, the Winnebago Land Transfer Act, introduced by my colleague, Mr. Feenstra from Iowa. This critical bill would transfer rightfully-owed land back to the Winnebago Tribe of Nebraska. The land in question was taken from the Tribe in an illegal acquisition, and due to complex legal stipulations within the most recent court proceedings

pertaining to this matter, the land has still not been returned to the Tribe. Legal complications of these sorts when it comes to federal tribal trust responsibility are an all-too-common phenomenon for Indian Country and demonstrates the importance of a strong relationship between the federal government and tribes. This bill would reinstate the autonomy of the land back to the Winnebago Tribe and protect their sovereignty. The state of Iowa, the U.S. Army Corps of Engineers, and two affected counties are supportive of this bill, and have demonstrated their support for this cause. I applaud my colleagues who have moved swiftly to pass this bill.