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Fischer Legislation Returning Land to Nebraska’s Winnebago Tribe Signed into Law

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U.S. Senator Deb Fischer’s (R-Neb.) bipartisan Winnebago Land Transfer Act was signed into law.

The legislation transfers approximately 1,600 acres of land back to the Winnebago Tribe of Nebraska that was illegally seized in the 1970s by the U.S. Army Corps of Engineers.

“Our bill becoming law corrects a decades-old wrong. Now, we can finally return this land to the Winnebago Tribe of Nebraska. I want to thank my colleagues for their unanimous support and the Winnebago Tribe for their persistence and dedication to their people,” said Senator Fischer.

“This is a truly historic moment for the Winnebago Tribe as lands that were taken from us over 50 years ago will soon be restored to the Tribe. Our ancestors, including the late Louis LaRose, fought tirelessly to secure and protect our homelands. The Tribal Council is honored to carry on their work and help send this bill to the President in their honor. The Tribe will be forever grateful to Senator Fischer, Senator Grassley, Senator Ricketts, and Senator Ernst for aikiruti, standing arm in arm, with the Winnebago through this momentous effort,” said Chairwoman of the Winnebago Tribe of Nebraska Victoria Kitcheyan.

The U.S. Senate passed the Winnebago Land Transfer Act unanimously June. In February, Senator Fischer introduced Chairwoman Kitcheyan to testify in support of her bill. In May, the Senate Indian Affairs Committee unanimously approved the legislation.

Background:

The Treaty of 1865 established the Winnebago Reservation in northeastern Nebraska along the Missouri River. Due to westward shifts in the river, portions of the reservation are now in Iowa.

In 1970, the U.S. Army Corps of Engineers (the Corps) condemned land on both the Nebraska and Iowa sides of the river for a proposed recreation project. The Corps filed eminent domain proceedings to acquire the land, triggering years of legal challenges.

Ultimately, the Nebraska tract of land was returned to the Tribe. However, the condemned land in Iowa remained under the Corps’ jurisdiction and were maintained by the Iowa Department of Natural Resources (DNR). Neither the Iowa DNR nor the Corps objected to the Tribe regaining control of the land. The latest renewal agreement of the license between the Iowa DNR and the Corps included a provision that anticipated the return of the land to the Tribe.

Senator Fischer’s Winnebago Land Transfer Act transfers administrative jurisdiction of the approximately 1,600 acres from the Army Corps of Engineers to the Bureau of Indian Affairs to hold in trust for the Winnebago Tribe of Nebraska.

The legislation was cosponsored by U.S. Senators Pete Ricketts (R-Neb.), Chuck Grassley (R-Iowa), and Joni Ernst (R-Iowa).

U.S. Representative Randy Feenstra (R-Iowa) led the bill in the U.S. House of Representatives, where it passed by voice vote on February 5, 2024. The legislation was cosponsored in the House by Representatives Mike Flood (R-Neb.), Adrian Smith (R-Neb.), Don Bacon (R-Neb.), Zachary Nunn (R-Iowa), Sharice Davids (D-Kan.), Mariannette Miller-Meeks (R-Iowa), and Ashley Hinson (R-Iowa).

Click here to read the text of the bill.