INDIAN AFFAIRS: LAWS AND TREATIES

Vol. IV, Laws     (Compiled to March 4, 1927)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1929.


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PUBLIC ACTS OF THE SIXTY-SIXTH CONGRESS, THIRD SESSION 1920-21.
Chap. 11 | Chap. 36 | Chap. 63 | Chap. 64 | Chap. 66 | Chap. 89 | Chap. 91 | Chap. 111 | Chap. 119 | Chap. 120 | Chap. 124 | Chap. 135 | Chap. 155 | Chap. 161 | Chap. 174

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Chapter 64
February 21, 1921. | [H. R. 14311.] 41 Stat., 1105.

An Act To authorize the improvement of Red Lake and Red Lake River, in the State of Minnesota, for navigation, drainage, and flood-control purposes.
Section 2 | 3 | 4 | 5

Margin Notes
Chap. 64 Red Lake and Red Lake River, Minn.
Red Lake Drainage and Conservancy District may improve, for flood control, etc.
Chap. 64 Provisos. Approval of plans.
Chap. 64 Improvement. of river, etc.
Chap. 64 Compensation to Indians for lands, etc., required in construction, etc.
Chap. 64 Levels of Red Lake to be maintained.
Sec. 2 Contract as to lands in Red Lake Indian Reservation, for work within, cost, etc.
Sec. 2 Assessment of lands benefited.
Sec. 2 Provisos. Assessments on per acre basis.
Sec. 2 Maximum cost.
Sec. 2 Assessments levied under State laws.
Sec. 2 Payment from tribal fund.
Sec. 2 Reimbursement from allottees benefited.
Sec. 2 Assessment a first lien on lands.
Sec. 2 Enforcement.
Sec. 2 Payment from credit of allottee.
Sec. 3 Roads authorized.
Sec. 4 Enforcement of drainage assessments, outside of Reservation.
35 Stat., 169.
Sec. 5 Plans, etc., to be submitted in two years.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Red Lake Drainage and Conservancy District of the State of Minnesota, duly created and organized under the laws of said State and authorized to construct improvements and projects therein, is hereby authorized to deepen,

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widen, and straighten the said Red Lake River and tributaries thereof, or any portion thereof, as may be deemed necessary, and to fix and regulate the height of water in Red Lake, and to construct and maintain such ditches, drains, dams, dikes, spillways, or other controlling works as may be found necessary and advisable to utilize the said Red Lake for reservoir and flood-control purposes, and to facilitate drainage into said lake and river, as indicated and outlined in the report of the Chief of Engineers to the Secretary of War on March 28, 1919 (House Document Numbered 61, Sixty-sixth Congress, first session), with such modifications and changes as may be found advisable: Provided, That detailed plans for such work and improvements shall first be submitted to and approved by the Secretary of War and the Chief of Engineers: Provided further, That the deepening, widening, and straightening of that part of Red Lake River within the Red Lake Indian Reservation and all other work necessary or desirable to be done within the Red Lake Indian Reservation shall be done in accordance with plans submitted to and approved by the Secretary of the Interior, provided that due compensation shall be made to the Indians for any lands that may be required for straightening said river, and for any other property belonging to the Indians used, injured, or destroyed, in connection with the construction, operation, and maintenance of any of the works provided for herein: And provided further, That before the acceptance of the plans the Red Lake Drainage and Conservancy Board and the Secretary of the Interior shall ascertain and agree upon the maximum and minimum levels between which the water in Red Lake shall be permitted to be fluctuated, and such levels shall not be deviated from without the consent of the Secretary of the Interior.

SEC. 2.

That the Secretary of the Interior is hereby authorized to enter into such contract arrangements as may be found necessary end advisable with the said The Red Lake Drainage and Conservancy District relative to all work within the Red Lake Indian Reservation as contemplated in section 1 of this Act and as to the assessment of lands within the limits of the Red Lake Indian Reservation in said State for their proportionate share of the cost of such improvement and their maintenance and operation. The said The Red Lake Drainage and Conservancy District is hereby authorized to include within the boundary of the said drainage and conservancy district all lands within the limits of the said Red Lake Indian Reservation located within the Red Lake River drainage basin, and to assess the lands benefited in the same manner and proportion as other lands outside of the limits of said reservation, but within the said drainage district and benefited by such improvement: Provided, That all such assessments within the limits of said district shall be on a per acre basis against the lands benefited in proportion to the benefits received: Provided further, That the maximum cost to any lands within the boundaries of said reservation shall not exceed $2.50 per acre. All assessments so levied by said drainage and conservancy district shall be in the manner provided by the laws of said State, except as modified by contract with the Secretary of the Interior, and the Secretary of the Interior is hereby authorized to make such regulations for the payment thereof as may be found necessary or desirable. The Secretary of the Interior is hereby authorized to withdraw from the tribal funds on deposit in the Treasury of the United States to the credit of the Indians of the Red Lake Reservation such sums as may be required and as they may be needed to meet the assessments chargeable against the lands within said Indian reservation as provided for herein, and to expend the same in the payment of

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said assessments as they become due: Provided, however, That all tribal moneys so withdrawn shall be reimbursed to the Red Lake Tribe by the Indian allottees benefited under such rules and regulations as the Secretary of the Interior may prescribe: And provided further, That the assessment against the lands within the Red Lake Indian Reservation shall become a first lien on said lands and such lien shall be recited in any trust or fee patent that may be issued thereafter, and any such lien may be enforced by the Secretary of the Interior by foreclosure as a mortgage after fee simple patent is issued: And provided further, That any fund standing to the credit of any Indian allottee, or which may hereafter be placed to his or her credit, may be used in payment of such lien.

SEC. 3.

That wherever it is deemed necessary or advisable, roads suitable for post roads may be constructed out of the spoil banks or other suitable material along any of the drainage ditches or canals to be constructed hereunder.

SEC. 4.

That as to all lands outside of the Red Lake Indian Reservation, the Act entitled "An Act to authorize the drainage of certain lands in the State of Minnesota," approved May 20, 1908, shall be applicable to the enforcement and collection of all assessments made for such improvements by said drainage and conservancy district.

SEC. 5.

That unless said drainage and conservancy district shall within two years from and after the date of the approval of this Act submit to the Secretary of War and the Secretary of the Interior, respectively, satisfactory detailed plans and agreements covering the works authorized to be constructed hereby, then, and in that event, all rights hereunder shall cease and terminate.

Approved, February 21, 1921.


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