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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1988 

                        CHAPTER 525-H.F.No. 2216 
           An act relating to natural resources; ratifying and 
          affirming the settlement agreement arising from 
          litigation concerning certain treaty related claims of 
          Chippewa Indians; prescribing powers and duties of the 
          commissioner of natural resources in relation to the 
          settlement agreement; appropriating money; proposing 
          coding for new law in Minnesota Statutes, chapter 97A. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [97A.157] [1854 TREATY AREA AGREEMENT.] 
    Subdivision 1.  [PURPOSE.] The purpose of this section is 
to effectuate resolution of issues in dispute between the state 
of Minnesota and the Grand Portage, Bois Forte, and Fond du Lac 
Bands of Chippewa Indians that relate to hunting, fishing, 
trapping, and gathering in the ceded area described in the 
September 30, 1854, treaty between the Lake Superior Chippewa 
and the government of the United States.  This treaty was 
ratified by the United States Senate on January 10, 1855, and 
was recognized and affirmed in a subsequent treaty between the 
Bois Forte Band of Chippewa Indians and the government of the 
United States dated April 7, 1866, and ratified by the United 
States Senate on April 26, 1866.  The enforcement of certain 
rights claimed by Lake Superior Chippewas under these treaties 
has been sought in a civil action brought in the United States 
District Court for the District of Minnesota, Fourth Division, 
that is entitled Grand Portage Band of Chippewas, et al. v. 
State of Minnesota, et al., Civ. No. 4-85-1090.  The state of 
Minnesota desires to settle all outstanding matters relating to 
the above dispute.  
    Subd. 2.  [SETTLEMENT AGREEMENT.] The parties to the above 
named civil action have negotiated a settlement of the dispute 
and have filed an executed copy of their "Memorandum of 
Agreement" with the court on February 16, 1988.  
    Subd. 3.  [RATIFICATION OF SETTLEMENT AGREEMENT.] The state 
of Minnesota, by the enactment of this section, ratifies and 
affirms the Memorandum of Agreement, provided the agreement is 
amended by July 1, 1988, by the addition of the following 
language:  "Any party in the Memorandum of Agreement may cancel 
this agreement upon one year's written notice to the other 
parties.". 
    Subd. 4.  [COMMISSIONER'S POWERS AND DUTIES.] The 
commissioner of natural resources, on behalf of the state of 
Minnesota, shall take all actions, by order or otherwise, 
necessary to carry out the duties and obligations of the state 
of Minnesota arising from the Memorandum of Agreement.  Powers 
and duties provided by this subdivision apply to payment of 
money under the Memorandum of Agreement only to the extent and 
to the amount specifically appropriated by the legislature to 
carry out the terms of the Memorandum of Agreement.  
    Sec. 2.  [APPROPRIATION.] 
    $5,050,000 is appropriated from the general fund to the 
commissioner of natural resources for fiscal year 1989 to carry 
out the agreement ratified in section 1. 
    Sec. 3.  [EFFECTIVE DATE.] 
    This act is effective the day following its final enactment.
    Approved April 14, 1988