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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 rule 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.
History: 1988 c 525 s 1; 1991 c 259 s 23

Official Publication of the State of Minnesota
Revisor of Statutes