The federal government must return about 1,600 acres (647 hectares) of land to the Winnebago Tribe of Nebraska that was “illegally” acquired in the 1970s, under new legislation signed into law by President Joe Biden on July 12.
“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.”
Ms. Fischer introduced the legislation following years of legal challenges involving the tribe and the U.S. Army Corps of Engineers (Corps), which initially acquired the land more than 50 years ago through eminent domain proceedings for a proposed recreation project.
That recreation project ultimately did not materialize as it was challenged in court.
According to the legislation, administrative jurisdiction of the tract of land along the Missouri River in Iowa that was, according to lawmakers, “illegally” seized, will be transferred from the Corps to the Bureau of Indian Affairs, which will hold the lands in trust for the Winnebago Tribe of Nebraska.
Ms. Fischer said the land to be returned to the Winnebago Tribe was originally part of the reservation established for the tribe in northeastern Nebraska along the Missouri River by a treaty in 1865.
Because the Missouri River has shifted west over the years, portions of the reservation are now in Iowa, she said.
Another parcel of land on the Nebraska side of the river was also taken by the Corps in the 1970s but has already been returned to the tribe, the lawmaker said.
Up until now, the condemned land in Iowa had remained under the Corps’ jurisdiction and was maintained by the Iowa Department of Natural Resources (DNR).
Ms. Fischer noted that neither the Iowa DNR nor the Corps objected to the Winnebago Tribe regaining control of the land, which will remain as conservation land under the newly signed bill.
Winnebago Tribe of Nebraska Chairwoman Victoria Kitcheyan welcomed the signing of the legislation, calling it “a truly historic moment for the Winnebago Tribe.”
“Our ancestors, including the late Louis LaRose, fought tirelessly to secure and protect our homelands,” Ms. Kitcheyan said in a statement. “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.”
