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Today, the U.S. Senate unanimously passed the bipartisan Winnebago Land Transfer Act, introduced by U.S. Senator Deb Fischer (R-Neb.) and cosponsored by Senator Pete Ricketts (R-Neb.).

The legislation would transfer approximately 1,600 acres of land back to the Winnebago Tribe of Nebraska that were illegally seized in the 1970s by the U.S. Army Corps of Engineers. The bill now heads to the President’s desk. 

“The U.S. Army Corps of Engineers was wrong to seize this land through eminent domain in the 1970s. It’s time to make this right and finally return this land to the Winnebago Tribe of Nebraska. I want to thank my colleagues for their unanimous, bipartisan support, and I look forward to seeing this bill signed into law.” said Senator Fischer. “The Army Corps of Engineers’ decision to condemn and seize land from the Winnebago Tribe of Nebraska was a classic case of government overreach. I’m grateful the Senate passed our bill to correct this wrong and ensure the land is returned to the Winnebago people. I urge President Biden to sign it,” said Senator Ricketts.

“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.

At a Senate Indian Affairs Committee hearing in February, Senator Fischer introduced the Chairwoman Kitcheyan to testify in support of the Winnebago Land Transfer Act.

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) was performing stabilization efforts on the Missouri River’s banks and condemned land on both the Nebraska and Iowa sides of the river for a proposed recreation project. The condemned land included tracts of reservation land in Iowa. 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, both tracts of land in Iowa that were taken remain under the Corps’ jurisdiction today and are maintained by the Iowa Department of Natural Resources (DNR). Neither the Iowa DNR nor the Corps has objection to the Tribe regaining control of the land. The latest renewal agreement of the license between the Iowa DNR and the Corps includes a provision that anticipates the return of the land to the Tribe.

Senator Fischer’s Winnebago Land Transfer Act would transfer 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.

In addition to Senators Fischer and Ricketts, the legislation is cosponsored by Senators Chuck Grassley (R-Iowa) and Joni Ernst (R-Iowa).

U.S. Representative Randy Feenstra (R-Iowa) led the bill in the House of Representatives, which passed it by voice vote on February 5, 2024. In addition to Congressman Feenstra, the legislation is cosponsored by U.S. 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.

On Tuesday, both Nebraska senators issued statements in response to President Biden’s executive action offering amnesty to hundreds of thousands of illegal immigrants:

Sen. Deb Fischer:  “Policies like President Biden’s amnesty give illegal immigrants yet another reason to ignore our nation’s laws and flood the border. They tell them: if you enter our country illegally, but stay here long enough, we’ll let you get away with it.”

Sen. Pete Ricketts: “Instead of addressing the catastrophe at our border, President Biden’s executive amnesty rewards illegal aliens who broke our laws and incentivizes others to do the same. “His open borders policies have allowed in violent criminals and deadly drugs that continue to destroy families.”

WASHINGTON – U.S. Senator Deb Fischer, a senior member of the Senate Armed Services Committee and the top Republican on the Strategic Forces Subcommittee, secured key provisions from her Restoring American Deterrence Act in the Senate National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2024. Last week, she voted to advance the package, in which she secured several Nebraska military construction (MILCON) priorities as well.

Senator Fischer introduced the Restoring American Deterrence Act in April to overhaul American nuclear preparedness and buttress our deterrence against adversaries like China and Russia.

In the NDAA, Senator Fischer secured provisions to:

1. Codify provisions of the Restoring American Deterrence Act
2. Fund military construction projects in Nebraska
3. Continue development of the nuclear-armed sea-launched cruise missile (SLCM-N)

“A dangerous world demands a strong investment in our military, and that’s what our defense bill delivers, both for Nebraska and the country as a whole. I fought for several sorely-needed changes that will fortify America’s nuclear defenses, which risk falling behind adversaries like China,” said Senator Fischer.

“The bill also includes my provisions for essential weapon systems, like the submarine-launched cruise missile. Finally, this year’s defense bill authorizes my requests for Offutt Air Force Base, including updates to the Weather Wing and STRATCOM,” she continued.

Military Pay Raise

Senator Fischer supported a provision providing military members with a 4.5 percent pay raise.

Military Construction Projects for Nebraska

Senator Fischer secured full authorization for her two Nebraska MILCON requests:

1. Additional $158 million for the planning and design of the Survivable Airborne Operations Center (SAOC) facilities at Offutt Air Force Base
2. Additional $6 million for the planning and design of a Consolidated Training Complex/Professional Development Center at Offutt

Senator Fischer also secured authorization for U.S. Strategic Command (STRATCOM) and the 557th Weather Wing, both based at Offutt. The bill authorizes:

1. $5 million for STRATCOM’s NC3 Nuclear Enterprise Center (NEC)’s network sensor demonstration
2. $3 million for the NC3 Rapid Engineering Architecture Collaboration Hub (REACH) program
3. $5 million for Weather Wing research and development projects

Finally, Senator Fischer secured provisions that:

1. Clarify the Offutt-based Weather Wing’s authorities to provide weather data to the U.S. Air Force and Army
2. Support the Air Force’s Center for Sustainment of Trauma and Readiness Skills program, which works closely with the University of Nebraska Medical Center
3. Require the Department of Defense to review increasing the number of available aeromedical squadrons within the National Guard

Restoring American Deterrence

Senator Fischer secured provisions from her Restoring American Deterrence Act that:

1. Require the Department of Defense (DOD) to develop strategies responding to possible threats from our adversaries, including an assessment of the nuclear weapons necessary to implement that strategy
2. Require the Secretary of Defense to develop a strategy to promote a skilled nuclear manufacturing and vocational trade workforce
3. Require the Secretary of Defense and Chairman of the Joint Chiefs of Staff to develop a comprehensive missile defense architecture
4. Require the Secretary of the Air Force to develop a plan to procure and deploy an additional 50 Sentinel intercontinental ballistic missiles above the current plan of 400
5. Clarify the National Nuclear Security Administration’s (NNSA) primary responsibility to produce nuclear weapons
6. Require the Secretary of Energy to conduct an assessment evaluation two to four locations in the United States best suited to host movable, scalable uranium enrichment facilities
7. Establish an Assistant Secretary of Defense for Nuclear Deterrence Policy and Programs to advise on nuclear deterrence policies, operations, and programs

SLCM-N

Senator Fischer established a program of record for SLCM-N in the FY24 NDAA requiring the U.S. Navy and NNSA to explore different types of missiles and warheads. In the FY25 NDAA, Senator Fischer secured the following adjustments to the program of record:

1. Additional $70 million for NNSA to research and develop the SLCM-N warhead
2. Additional $252 million for the Navy to research and develop the SLCM-N missile
3. Fencing of 50 percent of the Secretary of the Navy’s travel budget until the Secretary certifies to Congress that the Navy has established a program office for SLCM-N and is taking the required steps to comply with the Under Secretary of Defense’s SLCM-N decision acquisition memorandum
4. Fencing of 50 percent of the NNSA Administrator’s travel budget until NNSA submits a report and spend plan for the development of the SLCM-N warhead

Chain of Command

Senator Fischer supported a provision ensuring that the DOD notifies Congress when the Secretary of Defense is unable to perform the functions of the office. Earlier this year, Senator Fischer spoke out against DOD chain of command problems when Secretary of Defense Lloyd Austin failed to notify Congress of a medical absence.

The provision requires the Deputy Secretary of Defense to notify Congress 24 hours in advance of any planned transfer of authorities and not later than 24 hours after any unplanned transfer of authorities.

Munitions

Senator Fischer also supported provisions addressing issues within the munitions industrial base, including provisions that:

1. Require the Secretary of the Army to develop a plan providing secondary production sources at existing arsenals, depots, and ammunition plants
2. Create a program to expedite the qualification of alternative sources of known supply chain chokepoints
3. Require the Department to create a roadmap for the solid rocket motor industrial base

Sens. Deb Fischer and Pete Ricketts are cosponsors of legislation to overturn a U.S. Department of Education rule extending Title IX protections to include gender identity.

Ricketts said the rule broadens the original intent of Title IX and could punish students for failing to use preferred pronouns.

“These rules are anti-common sense and anti-science,” he said. “They violate the will of Congress. Congress passed Title IX to protect women.”

Ricketts also expressed concerns that the new rule could hurt women’s sports and education.

“It’s not just about athletics,” Ricketts said. “The rewrite threatens the progress and safety of American girls and women in education, too. These Title IX changes will negatively impact women’s academic scholarships and that could ultimately impact their career opportunities.”

When asked for the University of Nebraska’s perspective on the Title IX changes, spokeswoman Melissa Lee wrote that the university is monitoring the developments.

Ricketts and Fischer joined more than 30 other Republican senators in cosponsoring a Congressional Review Act resolution to overturn the Department of Education rule.

The Congressional Review Act gives Congress the ability to overrule federal regulations from government agencies by passing a joint resolution.

The resolution can be vetoed by the president and would need a two-thirds majority of the House and Senate to override the veto.

If the resolution is unsuccessful, the new Title IX rules take effect Aug. 1.