Appellant Brief - Turtle Talk

(c) To indemnify the landowners against any liability for
damages to life or property arising from the occupancy or use
of the lands by the applicant.
(d) To restore the lands as nearly as may be possible to their
original condition upon the completion of construction.
(e) That the applicant will not interfere with the use of the lands
by or under the authority of the landowners for any purpose not
inconsistent with the primary purpose for which the right-ofway
was granted.
JA0069 (emphasis added.)
But the stipulation submitted by the Commissioner of Highways did not
satisfy the requirement that it “expressly agree[]” to the conditions under § 256.7.
The stipulation states:
Pursuant to the application by the undersigned, as Commissioner of
Highways of the State of Minnesota, dated April 7, 1955, for a public
highway right of way across a portion of the Red Lake Indian
Reservation, the undersigned agrees to conform and abide by all
pertinent rules and regulations of the Department of the Interior with
special reference to Departmental Regulations 25 CFR 256.7 (a), (b),
and (e) published in the Federal Register of August 21, 1951, pursuant
to the Act of Feb. 5, 1948 (62 Stat. 17).
JA0062. 14 While the Commissioner expressly agreed to (a), (b), and (e), he
omitted any direct reference to the remaining conditions (c) and (d). The omission
14The copy of the stipulation submitted by the Nords is not clear, and the
District Court read the “e” as “c”.
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