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Code · BILL · 113th Congress · S. 2040 (Engrossed in Senate) — To exchange trust and fee land to resolve land disputes created by the realignment of the Blackfoot River along the b... · Sec. 2

Sec. 2. Findings; purposes

425 words·~2 min read·/bill/113/s/2040/es/section-2

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Congress finds that— the Shoshone-Bannock Tribes, a federally recognized Indian tribe with tribal headquarters at Fort Hall, Idaho— adopted a tribal constitution and bylaws on March 31, 1936, that were approved by the Secretary of the Interior on April 30, 1936, pursuant to the Act of June 18, 1934 (25 U.S.C. 461 et seq.) (commonly known as the Indian Reorganization Act ); has entered into various treaties with the United States, including the Second Treaty of Fort Bridger, executed on July 3, 1868; and has maintained a continuous government-to-government relationship with the United States since the earliest years of the Union; in 1867, President Andrew Johnson designated by Executive order the Fort Hall Reservation for various bands of Shoshone and Bannock Indians; the Reservation is located near the cities of Blackfoot and Pocatello in southeastern Idaho; and article 4 of the Second Treaty of Fort Bridger secured the Reservation as a permanent home for the Shoshone-Bannock Tribes; according to the Executive order referred to in paragraph (2)(A), the Blackfoot River, as the river existed in its natural state— is the northern boundary of the Reservation; and flows in a westerly direction along that northern boundary; and within the Reservation, land use in the River watershed is dominated by— rangeland; dry and irrigated farming; and residential development; in 1964, the Corps of Engineers completed a local flood protection project on the River— authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 170); and sponsored by the Blackfoot River Flood Control District No. 7; the project consisted of building levees, replacing irrigation diversion structures, replacing bridges, and channel realignment; and the channel realignment portion of the project severed various parcels of land located contiguous to the River along the boundary of the Reservation, resulting in Indian land being located north of the Realigned River and non-Indian land being located south of the Realigned River; beginning in 1999, the Cadastral Survey Office of the Bureau of Land Management conducted surveys of— 25 parcels of Indian land; and 19 parcels of non-Indian land; and the enactment of this Act and separate agreements of the parties would represent a resolution of the disputes described in subsection (b)(1) among— the Tribes; the allottees; and the non-Indian landowners.
The purposes of this Act are— to resolve the land ownership and land use disputes resulting from realignment of the River by the Corps of Engineers during calendar year 1964 pursuant to the project described in subsection (a)(4)(A); and to achieve a final and fair solution to resolve those disputes.
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