109TH CONGRESS

1ST SESSION S. 706

AN ACT

To convey all right, title, and interest of the United States

in and to the land described in this Act to the Secretary

of the Interior for the Prairie Island Indian Community

in Minnesota.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Prairie Island Land

5 Conveyance Act of 2005’’.
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S 706 ES

1 SEC. 2. PRAIRIE ISLAND LAND CONVEYANCE.

2 (a) IN GENERAL.—The Secretary of the Army shall

3 convey all right, title, and interest of the United States

4 in and to the land described in subsection (b), including

5 all improvements, cultural resources, and sites on the land,

6 subject to the flowage and sloughing easement described

7 in subsection (d) and to the conditions stated in subsection

8 (f), to the Secretary of the Interior, to be—

9 (1) held in trust by the United States for the

10 benefit of the Prairie Island Indian Community in

11 Minnesota; and

12 (2) included in the Prairie Island Indian Com13 munity Reservation in Goodhue County, Minnesota.

14 (b) LAND DESCRIPTION.—The land to be conveyed

15 under subsection (a) is the approximately 1290 acres of

16 land associated with the Lock and Dam #3 on the Mis17 sissippi River in Goodhue County, Minnesota, located in

18 tracts identified as GO–251, GO–252, GO–271, GO–277,

19 GO–278, GO–284, GO–301 through GO–313, GO–314A,

20 GO–314B, GO–329, GO–330A, GO–330B, GO–331A,

21 GO–331B, GO–331C, GO–332, GO–333, GO–334, GO–

22 335A, GO–335B, GO–336 through GO–338, GO–339A,

23 GO–339B, GO–339C, GO–339D, GO–339E, GO–340A,

24 GO–340B, GO–358, GO–359A, GO–359B, GO–359C,

25 GO–359D, and GO–360, as depicted on the map entitled

26 ‘‘United States Army Corps of Engineers survey map of
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S 706 ES

1 the Upper Mississippi River 9-Foot Project, Lock & Dam

2 No. 3 (Red Wing), Land & Flowage Rights’’ and dated

3 December 1936.

4 (c) BOUNDARY SURVEY.—Not later than 5 years

5 after the date of conveyance under subsection (a), the

6 boundaries of the land conveyed shall be surveyed as pro7 vided in section 2115 of the Revised Statutes (25 U.S.C.

8 176).

9 (d) EASEMENT.—

10 (1) IN GENERAL.—The Corps of Engineers

11 shall retain a flowage and sloughing easement for

12 the purpose of navigation and purposes relating to

13 the Lock and Dam No. 3 project over the portion of

14 the land described in subsection (b) that lies below

15 the elevation of 676.0.

16 (2) INCLUSIONS.—The easement retained under

17 paragraph (1) includes—

18 (A) the perpetual right to overflow, flood,

19 and submerge property as the District Engineer

20 determines to be necessary in connection with

21 the operation and maintenance of the Mis22 sissippi River Navigation Project; and

23 (B) the continuing right to clear and re24 move any brush, debris, or natural obstructions
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S 706 ES

1 that, in the opinion of the District Engineer,

2 may be detrimental to the project.

3 (e) OWNERSHIP OF STURGEON LAKE BED UNAF4 FECTED.—Nothing in this section diminishes or otherwise

5 affects the title of the State of Minnesota to the bed of

6 Sturgeon Lake located within the tracts of land described

7 in subsection (b).

8 (f) CONDITIONS.—The conveyance under subsection

9 (a) is subject to the conditions that the Prairie Island In10 dian Community shall not—

11 (1) use the conveyed land for human habitation;

12 (2) construct any structure on the land without

13 the written approval of the District Engineer; or

14 (3) conduct gaming (within the meaning of sec15 tion 4 of the Indian Gaming Regulatory Act (25

16 U.S.C. 2703)) on the land.

17 (g) NO EFFECT ON ELIGIBILITY FOR CERTAIN

18 PROJECTS.—Notwithstanding the conveyance under sub19 section (a), the land shall continue to be eligible for envi20 ronmental management planning and other recreational or

21 natural resource development projects on the same basis

22 as before the conveyance.

23 (h) EFFECT OF SECTION.—Nothing in this section

24 diminishes or otherwise affects the rights granted to the

25 United States pursuant to letters of July 23, 1937, and
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1 November 20, 1937, from the Secretary of the Interior

2 to the Secretary of War and the letters of the Secretary

3 of War in response to the Secretary of the Interior dated

4 August 18, 1937, and November 27, 1937, under which

5 the Secretary of the Interior granted certain rights to the

6 Corps of Engineers to overflow the portions of Tracts A,

7 B, and C that lie within the Mississippi River 9-Foot

8 Channel Project boundary and as more particularly shown

9 and depicted on the map entitled ‘‘United States Army

10 Corps of Engineers survey map of the Upper Mississippi

11 River 9-Foot Project, Lock & Dam No. 3 (Red Wing),

12 Land & Flowage Rights’’ and dated December 1936.

Passed the Senate July 26, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. 706

AN ACT

To convey all right, title, and interest of the United

land Indian Community in Minnesota.to the Secretary of the Interior for the Prairie IsStates in and to the land described in this Act