II 

109TH CONGRESS 

1ST SESSION S. 706 

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. 

IN THE SENATE OF THE UNITED STATES 

APRIL 5, 2005 

Mr. COLEMAN introduced the following bill; which was read twice and referred 

to the Committee on Indian Affairs 

A BILL 

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’’. 

6 SEC. 2. PRAIRIE ISLAND LAND CONVEYANCE. 

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

8 convey all right, title, and interest of the United States 
2 

•S 706 IS 

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

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

3 subject to the flowage and sloughing easement described 

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

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

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

7 benefit of the Prairie Island Indian Community in 

8 Minnesota; and 

9 (2) included in the Prairie Island Indian Com10 munity Reservation in Goodhue County, Minnesota. 

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

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

13 land associated with the Lock and Dam #3 on the Mis14 sissippi River in Goodhue County, Minnesota, located in 

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

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

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

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

19 335A, GO–335B, GO–336 through GO–338, GO–339A, 

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

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

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

23 ‘‘United States Army Corps of Engineers survey map of 

24 the Upper Mississippi River 9-Foot Project, Lock & Dam 
3 

•S 706 IS 

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

2 December 1936. 

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

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

5 boundaries of the land conveyed shall be surveyed as pro6 vided in section 2115 of the Revised Statutes (25 U.S.C. 

7 176). 

8 (d) EASEMENT.— 

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

10 shall retain a flowage and sloughing easement for 

11 the purpose of navigation and purposes relating to 

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

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

14 the elevation of 676.0. 

15 (2) INCLUSIONS.—The easement retained under 

16 paragraph (1) includes— 

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

18 and submerge property as the District Engineer 

19 determines to be necessary in connection with 

20 the operation and maintenance of the Mis21 sissippi River Navigation Project; and 

22 (B) the continuing right to clear and re23 move any brush, debris, or natural obstructions 

24 that, in the opinion of the District Engineer, 

25 may be detrimental to the project. 
4 

•S 706 IS 

1 (e) OWNERSHIP OF STURGEON LAKE BED UNAF2 FECTED.—Nothing in this section diminishes or otherwise 

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

4 Sturgeon Lake located within the tracts of land described 

5 in subsection (b). 

6 (f) CONDITIONS.—The conveyance under subsection 

7 (a) is subject to the conditions that the Prairie Island In8 dian Community shall not— 

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

10 (2) construct any structure on the land without 

11 the written approval of the District Engineer; or 

12 (3) conduct gaming (within the meaning of sec13 tion 4 of the Indian Gaming Regulatory Act (25 

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

15 (g) NO EFFECT ON ELIGIBILITY FOR CERTAIN

16 PROJECTS.—Notwithstanding the conveyance under sub17 section (a), the land shall continue to be eligible for envi18 ronmental management planning and other recreational or 

19 natural resource development projects on the same basis 

20 as before the conveyance. 

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

22 diminishes or otherwise affects the rights granted to the 

23 United States pursuant to letters of July 23, 1937, and 

24 November 20, 1937, from the Secretary of the Interior 

25 to the Secretary of War and the letters of the Secretary 
5 

•S 706 IS 

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

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

3 the Secretary of the Interior granted certain rights to the 

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

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

6 Channel Project boundary and as more particularly shown 

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

8 Corps of Engineers survey map of the Upper Mississippi 

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

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

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