[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1158 Reported in House (RH)]
Union Calendar No. 199
112th CONGRESS
1st Session
H. R. 1158
[Report No. 112-299]
To authorize the conveyance of mineral rights by the Secretary of the
Interior in the State of Montana, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2011
Mr. Rehberg introduced the following bill; which was referred to the
Committee on Natural Resources
December 1, 2011
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on March
17, 2011]
_______________________________________________________________________
A BILL
To authorize the conveyance of mineral rights by the Secretary of the
Interior in the State of Montana, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Montana Mineral Conveyance Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) under section 503(a)(2) of the Department of the
Interior and Related Agencies Appropriations Act, 1998 (Public
Law 105-83; 111 Stat. 1617), the Secretary of the Interior has
conveyed mineral rights in certain very large tracts of coal to
the State of Montana, the tracts of which lie as near as 3 or 4
miles east of the Northern Cheyenne Indian Reservation;
(2) development of the coal tracts and other existing and
proposed major developments of Federal, State, and private
energy resources in areas surrounding the Northern Cheyenne
Indian Reservation yield substantial public revenues to the
State (including political subdivisions of the State), thereby
assisting the State (including political subdivisions of the
State) in addressing the impacts of the development;
(3) although the Northern Cheyenne tribal community
chronically suffers harsh economic conditions and severe
deficits in public services and facilities, the community does
not share in any significant portion of the public revenues
generated by surrounding energy development;
(4) the Northern Cheyenne Tribe has few, if any, sources of
revenue available to address development impacts;
(5) in 2002, the Tribe brought suit against the Secretary,
asserting that the proposed conveyances of the extensive
Federal coal tracts to the State under the Department of the
Interior and Related Agencies Appropriations Act, 1998 (Public
Law 105-83; 111 Stat. 1543) would violate--
(A) several Federal laws (including regulations);
and
(B) the Federal trust responsibility to the Tribe;
(6) subsequently, the Tribe withdrew the suit described in
paragraph (5) with prejudice, based in substantial part on
commitments that legislation substantially in the form of this
Act (and further legislation providing funding to the Tribe to
address the impacts of coal development in areas adjoining the
Reservation) would be introduced and pursued with support from
the State, Great Northern Properties, and others;
(7) the Tribe asserts that the Tribe retains claims against
the United States arising from the failure of the United States
to acquire mineral rights underlying approximately 5,000 acres
of Reservation land when the Reservation, at the direction of
Congress, was expanded eastward to the Tongue River in 1900,
the mineral rights of which, as of the date of enactment of
this Act, are owned by Great Northern Properties; and
(8) if the conveyances of mineral rights are carried out
under this Act, the Tribe will waive all legal claims against
the United States arising from the longstanding and continuing
loss of the Tribe of mineral rights relating to the Reservation
land.
SEC. 3. DEFINITIONS.
In this Act:
(1) Cheyenne tracts.--The term ``Cheyenne tracts'' means
the aggregate tract of land that--
(A) is located in the eastern portion of the State
within the boundaries of the Reservation;
(B) comprises approximately 5,000 acres;
(C) is generally depicted on the map entitled
``Cheyenne Coal Land Conveyance'' and dated April 7,
2010; and
(D) is comprised of land located in--
(i) T. 2 S., R. 44 E., sec. 17;
(ii) T. 2 S., R. 44 E., sec. 19, E\1/2\ and
E\1/2\W\1/2\, Lots 1-4;
(iii) T. 3 S., R. 44 E., sec. 5, S\1/2\ and
S\1/2\N\1/2\, Lots 1-4;
(iv) T. 3 S., R. 44 E., sec. 7, E \1/2\ and
E\1/2\W\1/2\, Lots 1-4;
(v) T. 3 S., R. 44 E., sec. 9, N\1/2\,
SW\1/4\, and W\1/2\SE\1/4\, Lots 2-4;
(vi) T. 3 S., R. 44 E., sec. 17;
(vii) T. 3 S., R. 44 E., sec. 19, E\1/2\
and E\1/2\W\1/2\, Lots 1-4; and
(viii) T. 3 S., R. 44 E., sec. 21, N\1/2\,
SW\1/4\, and SW\1/4\ SE\1/4\, Lots 1 and 2.
(2) Federal tracts.--The term ``Federal tracts'' means the
unleased tracts of land that--
(A) are located in the State;
(B) are located outside of the boundaries of the
Reservation;
(C) consist of approximately 5,000 acres;
(D) are generally depicted on the map entitled
``Federal Coal Land Conveyance'' and dated March 18,
2011; and
(E) are comprised of land located in--
(i) T. 3 S., R. 44 E., sec. 26, S\1/2\;
(ii) T. 3 S., R. 44 E., sec. 34;
(iii) T. 3 S., R. 45 E., sec. 30, E\1/
2\SW\1/4\ and SE\1/4\, Lots 1-4;
(iv) T. 4 S., R. 44 E., sec. 2, S\1/2\N\1/
2\ and S\1/2\, Lots 1-4;
(v) T. 6 N., R. 27 E., sec. 4, S\1/2\N\1/2\
and S\1/2\, Lots 1-4;
(vi) T. 6 N., R. 27 E., sec. 8;
(vii) T. 6 N., R. 27 E., sec. 10;
(viii) T. 6 N., R. 27 E., sec. 14; and
(ix) T. 6 N., R. 27 E., sec. 22.
(3) Great northern properties.--The term ``Great Northern
Properties'' means--
(A) the Great Northern Properties Limited
Partnership, which is a Delaware limited partnership;
and
(B) any successor to the ownership interest of
Great Northern Properties in any coal or iron that
underlies the Cheyenne tracts.
(4) Reservation.--The term ``Reservation'' means the
Northern Cheyenne Reservation.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Montana.
(7) Tribe.--The term ``Tribe'' means the Northern Cheyenne
Tribe.
SEC. 4. MINERAL RIGHTS CONVEYANCES.
(a) In General.--Notwithstanding any other Federal law (including
regulations) that otherwise applies to the conveyance of any Federal
coal right, title, or interest, if Great Northern Properties conveys to
the Tribe all mineral interests of Great Northern Properties underlying
the Cheyenne tracts in accordance with this Act, the Secretary shall
convey to Great Northern Properties all right, title, and interest of
the United States in and to the coal underlying the Federal tracts.
(b) Immunities.--The mineral interests underlying the Cheyenne
tracts conveyed to the Tribe under subsection (a) shall not be subject
to taxation by the State (including any political subdivision of the
State).
SEC. 5. TERMS AND CONDITIONS OF MINERAL CONVEYANCES.
(a) Waiver of Legal Claims.--In return for the mineral conveyances
under section 4(a), the Tribe shall waive any and all claims arising
from the continuing failure of the United States to acquire in trust
for the Tribe as part of the Reservation the mineral rights underlying
approximately 5,000 acres of Reservation land (the Cheyenne Tracts) as
directed by Congress in 1900.
(b) Condition.--As a condition of the mineral conveyances by the
Secretary under section 4(a), the Tribe and Great Northern Properties
shall jointly notify the Secretary in writing that the Tribe and Great
Northern Properties have agreed on a formula for the sharing of revenue
from coal produced from any portion of the Federal tracts.
(c) Completion of Mineral Conveyances.--Notwithstanding any other
Federal law (including regulations) that otherwise applies to the
conveyance of any Federal coal right, title, or interest, after
satisfaction of the condition described in subsection (b) and not later
than 90 days after the date on which the Secretary receives written
notification under subsection (b), the mineral conveyances under
section 4(a) shall be completed in a single transaction.
(d) Rescission of Mineral Conveyances.--
(1) In general.--If any portion of the mineral conveyances
under section 4(a) is invalidated by a Federal district court,
and the judgment of the Federal district court is not vacated
or reversed on appeal, the Secretary or Great Northern
Properties may rescind completely each mineral conveyance under
section 4(a).
(2) Effect.--If the Secretary or Great Northern Properties
carries out a rescission under paragraph (1), the waiver of the
Tribe under subsection (a) shall be considered to be rescinded.
SEC. 6. ELIGIBILITY FOR OTHER FEDERAL BENEFITS.
No benefits provided to the Tribe under this Act shall result in
the reduction or denial of any Federal services, benefits, or programs
to the Tribe or to any member of the Tribe to which the Tribe or member
is entitled or eligible because of--
(1) the status of the Tribe as a federally recognized
Indian tribe; or
(2) the status of the member as a member of the Tribe.
Union Calendar No. 199
112th CONGRESS
1st Session
H. R. 1158
[Report No. 112-299]
_______________________________________________________________________
A BILL
To authorize the conveyance of mineral rights by the Secretary of the
Interior in the State of Montana, and for other purposes.
_______________________________________________________________________
December 1, 2011
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed