[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4350 Reported in House (RH)]
Union Calendar No. 444
113th CONGRESS
2d Session
H. R. 4350
[Report No. 113-597]
To direct the Secretary of the Interior to take lands and mineral
rights on the reservation of the Northern Cheyenne Tribe of Montana and
other culturally important lands into trust, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 1, 2014
Mr. Daines introduced the following bill; which was referred to the
Committee on Natural Resources
September 15, 2014
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 April
1, 2014]
_______________________________________________________________________
A BILL
To direct the Secretary of the Interior to take lands and mineral
rights on the reservation of the Northern Cheyenne Tribe of Montana and
other culturally important lands into trust, 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 ``Northern Cheyenne Lands Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Northern Cheyenne Tribe has depended on its lands
and land-based resources to support its way of life since time
immemorial.
(2) The Tribe has made supreme and historic sacrifices to
repossess and maintain its homeland, including its Reservation
in Montana.
(3) The Tribe currently suffers from tremendous social and
economic challenges, including a lack of employment
opportunities on the Reservation, which can be improved by
strengthening its control over its land base, natural
resources, and trust funds.
(4) The Tribe and its members are currently the beneficial
owners of over 95 percent of the surface lands on the Northern
Cheyenne Reservation and all but approximately 5,000 subsurface
acres of the Reservation.
(5) The Tribe seeks to obtain ownership of approximately
5,000 subsurface acres on its Reservation it does not own
because of an error by the United States to secure that
subsurface when the Reservation was expanded in 1900.
(6) In 2002, the Tribe agreed by settlement to dismiss its
lawsuit against the United States, which alleged that the
United States failed to protect the Reservation from the
impacts of coal development, in return for assistance in
securing tribal ownership of those subsurface rights
substantially in the form of this Act, and to secure mitigation
funding to address the impacts of coal development in areas
adjacent to the Reservation, among other conditions.
(7) To increase tribal ownership of the surface lands, the
Tribe has purchased approximately 932 acres of land within its
Reservation that were taken out of trust ownership status for
various reasons.
(8) The Tribe has purchased approximately 635 acres of land
near Bear Butte, South Dakota, which the Tribe considers sacred
ground for its members, as well as for members of other tribes.
(9) The Tribe now seeks to have the aforementioned lands
and subsurface within the Reservation and Bear Butte lands
taken into trust on its behalf by the United States.
(10) If the actions authorized by this Act are completed,
the Tribe will waive all legal claims against the United States
arising out of the longstanding loss of the subsurface rights
and arising out of the United States management of the Northern
Cheyenne Trust Fund.
SEC. 3. DEFINITIONS.
In this Act:
(1) Fund.--The term ``Fund'' means the Northern Cheyenne
Trust Fund identified in the June 7, 1999 Agreement Settling
Certain Issues Relating to the Tongue River Dam Project which
was entered into by the Tribe, the State of Montana, and
delegates of the Secretary of the Interior, and managed by the
Office of Special Trustee in the Department of the Interior.
(2) Great northern properties.--The term ``Great Northern
Properties'' means the Great Northern Properties Limited
Partnership, which is a Delaware limited partnership.
(3) Permanent fund.--The term ``Permanent Fund'' means the
Northern Cheyenne Tribe Permanent Fund managed by the Northern
Cheyenne Tribe pursuant to the Plan for Investment, Management
and Use of the Fund, as amended by vote of the Tribal
membership on November 2, 2010.
(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. TRIBAL FEE LANDS TO BE TAKEN INTO TRUST.
Not later than 60 days after the date of the enactment of this Act,
the Secretary shall take the approximately 1,568 acres of land depicted
on the map entitled ``Northern Cheyenne Land Act--Fee-to-Trust Lands''
and dated March 26, 2014, and on the map entitled ``Northern Cheyenne
Land Act--Fee-to-Trust Lands--Lame Deer Townsite'', and dated March 26,
2014, into trust for the benefit of the Northern Cheyenne Tribe.
SEC. 5. MINERAL RIGHTS TO BE TAKEN INTO TRUST.
(a) Completion of Mineral Conveyances.--Not later than 60 days
after the date on which the Secretary receives the notification
described in subsection (d), in a single transaction--
(1) Great Northern Properties shall convey to the Tribe all
right, title, and interest of Great Northern Properties,
consisting of coal and iron ore mineral interests, underlying
the land on the Northern Cheyenne Reservation generally
depicted as ``Great Northern Properties'' on the map entitled
``Northern Cheyenne Land Act--Coal Tracts'' and dated February
27, 2014;
(2) the Secretary shall convey to Great Northern Properties
all right, title, and interest of the United States in and to
the coal mineral interests underlying the land generally
depicted as ``Bull Mountains'' and ``East Fork'' on the map
entitled ``Northern Cheyenne Land Act--Coal Tracts'' and dated
February 27, 2014; and
(3) the Secretary shall ensure that the deed for the
conveyance authorized by paragraph (2) shall include a
covenant, running with the land--
(A) that precludes the coal conveyed from being
mined by methods other than underground mining
techniques until any surface owner (as defined in
section 714 of Public Law 95-87 (30 U.S.C. 1304(e)))
for any specific tract has given written consent to
Great Northern Properties to enter such specific tract
and commence surface mining; and
(B) shall not create any property interest in the
United States or any surface owner (as defined in
section 714 of Public Law 95-87 (30 U.S.C. 1304(e))).
(b) Trust Status.--Upon tribal request, the coal and iron ore
mineral interests conveyed to the Tribe under this section shall be
held in trust by the United States for the benefit of the Tribe.
(c) Immunities.--The right, title, and interests conveyed to the
Tribe under subsection (a)(1) shall not be subject to taxation by the
State of Montana (including any political subdivision of the State of
Montana).
(d) Revenue Sharing Agreement.--Consistent with the Settlement
Agreement entered into effective February 19, 2002, by the Montana
State Board of Land Commissioners and the Tribe, the Tribe and Great
Northern Properties have agreed on a formula for sharing revenue from
development of the Northern Cheyenne Federal Tracts in the event that
the Northern Cheyenne Federal Tracts are developed at a later date. The
Tribe shall notify the Secretary in writing that the revenue sharing
agreement remains in effect.
(e) Waiver of Legal Claims.--In return for the conveyances of
mineral interests under subsection (a)--
(1) the Tribe shall waive any and all claims arising from
the continuing failure of the United States to acquire the
private coal and iron ore mineral interests identified in
subsection (a)(1) in trust for the Tribe as part of the
Reservation as directed by Congress in 1900; and
(2) Great Northern Properties shall waive any claim against
the United States relating to the value or completion of the
conveyances under subsection (a).
(f) Rescission of Mineral Conveyances.--If any portion of the
mineral conveyances under subsection (a) is invalidated by a court of
competent jurisdiction and the judgment of that court is not vacated or
reversed on appeal--
(1) not later than 1 year after the date on which there is
a final judgment, the Secretary or Great Northern Properties
may rescind completely each mineral conveyance under subsection
(a); and
(2) if the Secretary or Great Northern Properties carries
out a rescission under paragraph (1), the waiver of the Tribe
under this section shall be considered to be rescinded.
SEC. 6. TRANSFER OF NORTHERN CHEYENNE TRUST FUND TO TRIBE.
(a) Transfer of Fund.--Not later than 30 days after the date of the
enactment of this Act, the Fund shall be transferred to the Tribe and
deposited into the Tribe's Permanent Fund.
(b) Permitted Uses of Fund.--The principal of the Fund, upon
deposit in the Permanent Fund, shall be maintained in perpetuity, and
the earnings of the Permanent Fund shall be used as provided in the
Northern Cheyenne Tribe Permanent Fund Plan.
(c) Waiver of Legal Claims.--In return for transfer of the Fund
under subsection (a), the Tribe shall waive any and all claims arising
from the United States management of the Fund.
SEC. 7. ELIGIBILITY FOR OTHER FEDERAL BENEFITS.
No sums or other 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. 444
113th CONGRESS
2d Session
H. R. 4350
[Report No. 113-597]
_______________________________________________________________________
A BILL
To direct the Secretary of the Interior to take lands and mineral
rights on the reservation of the Northern Cheyenne Tribe of Montana and
other culturally important lands into trust, and for other purposes.
_______________________________________________________________________
September 15, 2014
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed