Washington : Government Printing Office
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| Public Law 85-387 | Minnesota. Transfer of lands. |
| Public Law 85-387 | 35 Stat. 169. |
| Sec. 2 | 100 Patents. |
| Sec. 3 | Claims. |
| Sec. 4 | Liens or assessments. |
| Sec. 5 | Indian lands. |
| Sec. 6 | 101 Rules and regulations. |
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the State of Minnesota may, within three years after the date of enactment of this Act, file with the Secretary of the Interior (1) a schedule showing (A) each tract of public land which the State may have selected and which has not been reserved or withdrawn for some Federal use, and each tract of ceded or other Indian lands, which tracts are subject to liens under the Act entitled "An Act to authorize the drainage of certain lands in the State of Minnesota", approved May 20, 1908 (43 U. S. C. 1021-1027); (B) the amount of the lien under the Act of May 20, 1908, on each such tract of land, and the sum of the liens on all such tracts, which liens shall not include any interest charges which may have accrued after April 19, 1929, for land in the Red Lake Game Preserve and after April 25, 1931, for other lands; (C) the date when the lien on each such tract became effective; and (D) the authority under which the charges were assessed; and (2) an application to acquire the lands listed in such schedule in the manner provided in this Act.
(b) The Secretary may, in his discretion, approve the listing of the lands in such schedule and accept the application for such lands. Upon such acceptance, the Secretary shall appraise the tracts listed in accordance with their fair market value. Such appraisal shall be conclusive for the purposes of this Act. The Secretary shall also determine the amount, if any, by which the total appraised value of the lands listed exceeds the total amount of the liens on such lands under the Act of May 20, 1908.
(a) Subject to the provisions of sections 3 and 5, the Secretary shall patent to the State the lands listed in any application accepted under the first section upon payment by the State to the United States of the excess of the total appraised value of the lands listed in such application over the total amount of the liens on such lands under the Act of May 20, 1908: Provided, That the payment for each tract of ceded or other Indian land shall be not less than $1.25 per acre for the use and benefit of the Indian tribe or individual owning the tract. The Secretary shall issue a patent to the State under the authority of this subsection only if the State makes payment of the amount of such excess within two years after the determination of such amount. The failure of the State to make payment within the time required by this subsection shall not operate as a bar to the filing of any subsequent schedule and application by the State in the manner, and within the time, prescribed by the first section.
(b) Notwithstanding any other provisions of this Act, the Secretary may issue a patent to the State for the public lands subject to liens under the Act of May 20, 1908, not withdrawn or reserved for Indians or some Federal use, without payment, if he determines through appraisal or otherwise that the total amount of the liens on such lands under that Act is approximately equal to or exceeds the total value of the lands.
(c) Any patent issued to the State under this Act shall contain the provisions and reservations which are inserted in patents for public lands entered under the homestead law.
Nothing in this Act shall be construed to prejudice any valid
claims relating to the lands for which an application has been made and accepted under the first section of this Act. The Secretary shall notify all entrymen of the sum due the State for drainage charges under the Act of May 20, 1908, and shall give to the entrymen any extension of time which he determines is reasonable within which to comply with the requirements of the law under which the entry was made, and to make the payments due the State. The Secretary shall not patent to the State any lands subject to such entries unless and until the entry involved is canceled in accordance with the law under which the entry was made.
After the date of enactment of this Act, no further liens or assessments shall be imposed on any Federal lands or any ceded or other Indian lands in the State of Minnesota under authority of the Act of May 20, 1908.
(a) With respect to ceded or other Indian lands, the Secretary may exercise the authority granted in the first section and section 2 of this Act only with the consent of the Indian owner or owners. The consent of the individuals owning two-thirds of the beneficial interest shall be sufficient in the case of undivided heirship lands. The consent of the Minnesota Chippewa Tribe and of the Red Lake Band of Chippewas, in the case of tribal lands, shall be evidenced by resolution of the recognized governing body of the tribe or band.
(b) Nothing in this Act shall be construed to prejudice Indian title to any lands subject to lien, nor to preclude the right of the Indian owner, or owners, to clear title to their lands by payment of the lien claimed by the State.
(c) Payments made by the State under this Act for the purchase of tribally owned Indian lands shall be deposited in the Treasury of the United States to the credit of the tribe owning such lands, and payments made for the purchase of individually owned Indian lands shall be deposited with the officer in charge of the Indian agency having jurisdiction over such lands to the credit of the Indian owners thereof.
The Secretary may prescribe rules and regulations which he determines will effectuate the purposes of this Act.
Approved, May 1, 1958.
