PUBLIC LAW 109–221—MAY 12, 2006
120 STAT. 339
‘‘(D) the term ‘income’ means the total net return from the investment of the Fund, consisting of all interest, dividends, realized and unrealized gains and losses, and other earnings, less all related fees and expenses incurred for investment management, investment consulting, custodianship and transactional services or matters; ‘‘(E) the term ‘principal’ means the total amount appropriated to the Fallon Paiute Shoshone Tribal Settlement Fund under section 102(B);’’.
TITLE II—INDIAN LAND LEASING SEC. 201. PRAIRIE ISLAND LAND CONVEYANCE.
Minnesota.
(a) IN GENERAL.—The Secretary of the Army shall convey all right, title, and interest of the United States in and to the land described in subsection (b), including all improvements, cultural resources, and sites on the land, subject to the flowage and sloughing easement described in subsection (d) and to the conditions stated in subsection (f), to the Secretary of the Interior, to be— (1) held in trust by the United States for the benefit of the Prairie Island Indian Community in Minnesota; and (2) included in the Prairie Island Indian Community Reservation in Goodhue County, Minnesota. (b) LAND DESCRIPTION.—The land to be conveyed under subsection (a) is the approximately 1290 acres of land associated with the Lock and Dam #3 on the Mississippi River in Goodhue County, Minnesota, located in tracts identified as GO–251, GO–252, GO– 271, GO–277, GO–278, GO–284, GO–301 through GO–313, GO– 314A, GO–314B, GO–329, GO–330A, GO–330B, GO–331A, GO– 331B, GO–331C, GO–332, GO–333, GO–334, GO–335A, GO–335B, GO–336 through GO–338, GO–339A, GO–339B, GO–339C, GO– 339D, GO–339E, GO–340A, GO–340B, GO–358, GO–359A, GO– 359B, GO–359C, GO–359D, and GO–360, as depicted on the map entitled ‘‘United States Army Corps of Engineers survey map of the Upper Mississippi River 9-Foot Project, Lock & Dam No. 3 (Red Wing), Land & Flowage Rights’’ and dated December 1936. (c) BOUNDARY SURVEY.—Not later than 5 years after the date of conveyance under subsection (a), the boundaries of the land conveyed shall be surveyed as provided in section 2115 of the Revised Statutes (25 U.S.C. 176). (d) EASEMENT.— (1) IN GENERAL.—The Corps of Engineers shall retain a flowage and sloughing easement for the purpose of navigation and purposes relating to the Lock and Dam No. 3 project over the portion of the land described in subsection (b) that lies below the elevation of 676.0. (2) INCLUSIONS.—The easement retained under paragraph (1) includes— (A) the perpetual right to overflow, flood, and submerge property as the District Engineer determines to be necessary in connection with the operation and maintenance of the Mississippi River Navigation Project; and (B) the continuing right to clear and remove any brush, debris, or natural obstructions that, in the opinion of the District Engineer, may be detrimental to the project.
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