Vol. V, Laws     (Compiled from December 22, 1927 to June 29, 1938)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1941.

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Chapter 144
April 13, 1938.  | [H. R. 8432.] 52 Stat., 215.

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
Section 2

Margin Notes
Chap. 144 Chippewa Indians of Minnesota. Certain ceded lands to be subject to flowage easement.
25 Stat., 642, vol. 1, 301.
Chap. 144 44 Stat., 2108, 617; 45 Stat., 431.
Chap. 144 Rights, etc., of Indians extinguished.
Chap. 144 Transfer of sum for compensating Indians for rights in said lands.
Chap. 144 Funds available.
Chap. 144 25 Stat., 645, vol. 1, 305.
Sec. 2 Executive Orders 4867 and 5025 revoked.
Sec. 2 Proviso. Right to overflow sub-level lands reserved.
Sec. 2 Restriction on credit of moneys to Indians from certain land sales, etc.

Page 567

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all lands 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 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 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 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

Page 568

out of any balance of appropriations 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 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 one thousand and sixty-four sea-level datum, shall forever be 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 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.

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