Washington : Government Printing Office
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| VOLUME 3—1938 | 2223 |
The Honorable, The SECRETARY OF THE INTERIOR.
MY DEAR MR. SECRETARY: On November 29, 1935, the First Assistant Secretary of the Interior, under authority contained in section 3 of the Indian Reorganization Act of June 18, 1934 (48 Stat. L., 984), upon the recommendation of this Office, restored the undisposed-of opened lands of the Grand Portage Indian Reservation, Minnesota, consisting of 9,277.59 acres, to tribal ownership.
In the recommendation of this Office it was asked that restoration be made in favor of the Grand Portage Band of Chippewa Indians of the Grand Portage Reservation. This position was taken because at that time it had not been definitely determined whether restorations of this kind should be made to individual bands of Chippewa Indians of Minnesota or to the Chippewa Indians of Minnesota generally. The Departmental indorsement making the restoration reads as follows:
"The lands described on the attached list are hereby restored to tribal ownership as recommended and the matter referred to the Commissioner of the General Land Office for appropriate notation on the records of that Office; also any lands inadvertently omitted from said list and any that may be released subsequently thereto."
In an opinion rendered February 19, 1938, by the Solicitor for the Interior Department, approved by the Assistant Secretary of the Interior on the same date, relating to the restoration of undisposed-of lands ceded by the Red Lake Band of Chippewa Indians under section 3 of the Indian Reorganization Act, in which it was held that the lands should be restored to the "Chippewa Indians of Minnesota" and not to the Red Lake Band alone, the following appears:
"In reaching this conclusion I have not overlooked the fact that certain lands within the Grand Portage Reservation have already been restored under section 3 of the Reorganization Act to the Grand Portage Indians. This action, taken without complete consideration of the general problem of land restoration in the Chippewa area and without due regard for the interest in those lands possessed by the other Chippewa Indians of Minnesota, should be modified to conform with this opinion.
"In summary of the foregoing conclusions, it is my opinion that the remaining undisposed-of lands ceded by the Red Lake Band under the act of 1889 should be restored under section 3 of the Reorganization Act to the 'Chippewa Indians of Minnesota, and that, if this opinion is approved, the remaining lands ceded by the other bands of Chippewa Indians under
the 1889 act should be restored to the same beneficiary, and the previous restoration of lands to the Grand Portage Band should be corrected."
In order to comply with the instructions referred to, it is respectfully recommended that the restoration order of November 29, 1935, mentioned in the opening paragraph of this letter, be modified so as to make the beneficiary the Chippewa Indians of Minnesota instead of the Grand Portage Band of Chippewa Indians of the Grand Portage Reservation.
Sincerely yours,
WILLIAM ZIMMERMAN, Jr.,
Assistant Commissioner.
April 9, 1938.
There are no reasons appearing in the records of this Office why the foregoing recommendation should not be approved.
D. K. PARROTT,
Acting Assistant Commissioner.
June 3, 1938.
For the reason mentioned in the foregoing recommendation, Departmental order of November 29, 1935, restoring the undisposed-of opened lands of the Grand Portage Indian Reservation, Minnesota, to tribunal ownership, is hereby modified to the extent of making the beneficiary the Chippewa Indians of Minnesota instead of the Grand Portage Band of Chippewa Indians of the Grand Portage Reservation.
OSCAR L. CHAPMAN,
Assistant Secretary of the Interior.
