Volume 52 · 216
Public Law 75–144
To provide for a flowage easement on certain ceded Chippewa Indian lands bordering Lake of the Woods, Warroad River, and Rainy River, Minnesota, and for other purposes.
Approved April 13, 1938
Statutory text
AN ACT
To provide for a flowage easement on certain ceded Chippewa Indian lands bordering Lake of the Woods, Warroad River, and Rainy River, Minnesota, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That all lands
Chippewa Indians of Minnesota.
Certain ceded lands to be subject to flowage easement.
bordering on Lake of the Woods, Warroad River, and Rainy River, Minnesota, ceded and relinquished to the United States by the Chippewa Indians pursuant to the Act entitled “An Act for the relief and civilization of the Chippewa Indians in the State of Minnesota”, approved January 14, 1889, and still owned by the United States, shall be subject to a flowage easement up to elevation one thousand and sixty-four sea-level datum, as required by the treaty of February 24, 1925 (44 Stat. L. 2108), between the United States and Great
44 Stat. 2108, 617; 45 Stat. 431.
Britain and the Act of May 22, 1926 (44 Stat. L. 617), carrying the treaty into effect, as amended by the Act of April 18, 1928 (45 Stat. L. 431), which authorized and directed the Secretary of War to acquire by purchase or condemnation flowage easements upon all lands in the United States, bordering on Lake of the Woods, Warroad River, and Rainy River. All rights and equities of the Indians in
Rights, etc., of Indians extinguished.
and to the lands affected by said easement are hereby extinguished. In order to compensate the Indians for their rights and equities in said lands, the Secretary of War is hereby authorized to cause the
Transfer of sum for compensating Indians for rights in said lands.
sum of $11,740,75, less any amount that may be found to have been previously paid by the United States and for which it has not been fully reimbursed, to be transferred out of any balance of appropriations
Funds available.
heretofore made for protective works and measures, Lake of the Woods and Rainy River, to the credit of the Chippewa Indians in the State of Minnesota as part of the fund created by section 7 of the said Act of January 14, 1889 (25 Stat. L. 642).
Sec. 2.
That Executive Orders Numbered 4867 and 5025, dated
Executive Orders 4867 and 5025 revoked.
April 28, 1928, and January 14, 1929, respectively, withdrawing certain ceded lands from homestead entry for the purpose of facilitating acquisition of the flowage easement aforesaid, are hereby revoked: Provided, That such of the lands lying wholly or partly below elevation
Proviso.
Right to overflow sub-level lands reserved.
one thousand and sixty-four sea-level datum, shall forever lie and remain subject to the right of the United States to overflow same or any part thereof, and that all patents issued for the said lands shall expressly reserve to the United States the right to overflow and flood
Restriction on credit of moneys to Indians from certain land sales, etc.
said lands up to elevation one thousand and sixty-four. No moneys received from the sale or other disposition of any lands for which the Indians receive payment under section 1 hereof shall be placed to the credit of the Indians.
Approved, April 13, 1938.