[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1088 Reported in Senate (RS)]
<DOC>
Calendar No. 276
118th CONGRESS
1st Session
S. 1088
[Report No. 118-132]
To authorize the relinquishment and in lieu selection of land and
minerals in the State of North Dakota, to restore land and minerals to
Indian Tribes within the State of North Dakota, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Hoeven (for himself, Mr. Cramer, and Mr. Lujan) introduced the
following bill; which was read twice and referred to the Committee on
Energy and Natural Resources
December 12, 2023
Reported by Mr. Manchin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To authorize the relinquishment and in lieu selection of land and
minerals in the State of North Dakota, to restore land and minerals to
Indian Tribes within the State of North Dakota, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``North Dakota Trust Lands
Completion Act of 2023''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds that--</DELETED>
<DELETED> (1) in 1889, Congress enacted the North Dakota
Enabling Act ``to provide for the division of Dakota into two
States and to enable the people of North Dakota, South Dakota,
Montana, and Washington to form constitutions and State
governments and to be admitted into the Union on an equal
footing with the original States, and to make donations of
public lands to such States'';</DELETED>
<DELETED> (2) section 10 of the North Dakota Enabling Act
(25 Stat. 679, chapter 180)--</DELETED>
<DELETED> (A) with certain exceptions, granted
sections 16 and 36 in every township to the new States
of North Dakota, South Dakota, Montana, and Washington
``for the support of common schools''; and</DELETED>
<DELETED> (B) in cases where portions of sections 16
and 36 had been reserved, granted, or sold prior to
those States attaining statehood, authorized indemnity
or ``in lieu'' selections;</DELETED>
<DELETED> (3) the State of North Dakota was granted land and
minerals totaling more than 2,500,000 acres under the North
Dakota Enabling Act;</DELETED>
<DELETED> (4) the North Dakota Enabling Act provided further
land grants to the State of North Dakota for the support of
colleges, universities, the State capitol, and other public
institutions;</DELETED>
<DELETED> (5) prior to the enactment of the North Dakota
Enabling Act, the United States, through treaties and Executive
orders, including the Treaty between the United States of
America and the Mandan, Hidatsa, Arikara, and other Tribal
Nations, made and concluded at Fort Laramie September 17, 1851
(11 Stat. 749), the Treaty between the United States of America
and the Sisseton and Wahpeton Bands of Dakota or Sioux Indians,
made and concluded at Washington February 19, 1867 (15 Stat.
505), the Treaty between the United States of America and
different Tribes of Sioux Indians, made and concluded at Fort
Laramie April 29, 1868 (15 Stat. 635), and the Executive order
of April 12, 1870, established several reservations of land for
multiple Indian Tribes located in the State of North
Dakota;</DELETED>
<DELETED> (6) authorizing the State to relinquish the State
land grant parcels located within the reservations and to
select other Federal land or minerals in lieu of the
relinquished State land grant parcels will--</DELETED>
<DELETED> (A) fulfill the promise of land and
minerals to the State; and</DELETED>
<DELETED> (B) provide to Indian Tribes greater
Tribal sovereignty and control of land and minerals
within the reservations; and</DELETED>
<DELETED> (7) Congress should authorize the State--
</DELETED>
<DELETED> (A) to relinquish the land and minerals
located within the reservations; and</DELETED>
<DELETED> (B) to select in lieu of the relinquished
land other Federal land or minerals in the State of
North Dakota of equal value.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Federal land.--The term ``Federal land'' means
public land and minerals located within the State of North
Dakota, including public land that is mineral in
character.</DELETED>
<DELETED> (2) North dakota enabling act.--The term ``North
Dakota Enabling Act'' means the Act of February 22, 1889 (25
Stat. 676, chapter 180).</DELETED>
<DELETED> (3) Public land.--The term ``public land'' has the
meaning given the term ``public lands'' in section 103 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1702).</DELETED>
<DELETED> (4) Reservation.--The term ``reservation'' means
any Indian reservation located wholly or partially within the
State of North Dakota and recognized under United States
treaty, Executive order, or Act of Congress.</DELETED>
<DELETED> (5) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED> (6) State.--The term ``State'' means the State of
North Dakota, acting through the North Dakota Board of
University and School Lands and its agent, the Department of
Trust Lands.</DELETED>
<DELETED> (7) State land grant parcel.--The term ``State
land grant parcel'' means--</DELETED>
<DELETED> (A) a parcel of land granted to the State
of North Dakota by Congress--</DELETED>
<DELETED> (i) on statehood; or</DELETED>
<DELETED> (ii) through a grant pursuant to
the North Dakota Enabling Act;</DELETED>
<DELETED> (B) a section of land numbered 16 or 36
granted to the State of North Dakota by Congress for
school purposes;</DELETED>
<DELETED> (C) a parcel of land selected by the State
of North Dakota as indemnity for any section of land
numbered 16 or 36; and</DELETED>
<DELETED> (D) a parcel of land other than a parcel
of land described in subparagraph (A), (B), or (C)
obtained by the State after statehood.</DELETED>
<DELETED> (8) Unappropriated federal land.--</DELETED>
<DELETED> (A) In general.--The term ``unappropriated
Federal land'' means Federal land under the management
and control of the Bureau of Land Management and
located within the State of North Dakota.</DELETED>
<DELETED> (B) Exclusions.--The term ``unappropriated
Federal land'' does not include--</DELETED>
<DELETED> (i) surface interests acquired by
the Bureau of Land Management;</DELETED>
<DELETED> (ii) any area of critical
environmental concern established pursuant to
section 202(c)(3) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C.
1712(c)(3)); or</DELETED>
<DELETED> (iii) land that is--</DELETED>
<DELETED> (I) withdrawn from public
entry;</DELETED>
<DELETED> (II) located within a unit
of the National Park System;</DELETED>
<DELETED> (III) located within any
reservation;</DELETED>
<DELETED> (IV) located within--
</DELETED>
<DELETED> (aa) T. 147 N., R.
95 W.;</DELETED>
<DELETED> (bb) T. 148 N., R.
95 W.;</DELETED>
<DELETED> (cc) T. 148 N., R.
96 W.; or</DELETED>
<DELETED> (dd) T. 149 N., R.
95 W.;</DELETED>
<DELETED> (V) located within a
United States military reservation;
or</DELETED>
<DELETED> (VI) designated by
Congress or the President for
conservation purposes.</DELETED>
<DELETED>SEC. 4. RELINQUISHMENT AND SELECTION; CONVEYANCE.</DELETED>
<DELETED> (a) Relinquishment and Selection.--</DELETED>
<DELETED> (1) In general.--Subject to valid existing rights,
if the State elects to relinquish all right, title, and
interest of the State in and to a State land grant parcel
located wholly or partially within the boundaries of any
reservation, the Secretary shall authorize the State to select
in accordance with this Act 1 or more parcels of unappropriated
Federal land of substantially equivalent value within the State
of North Dakota.</DELETED>
<DELETED> (2) Approval.--Not later than 90 days after the
date on which the State makes a selection under paragraph (1),
the Secretary shall approve or reject, in whole or in part, the
selection.</DELETED>
<DELETED> (b) Conveyance.--</DELETED>
<DELETED> (1) Conveyance by secretary.--</DELETED>
<DELETED> (A) In general.--Not later than 60 days
after the date on which the Secretary approves a State
selection of unappropriated Federal land under
subsection (a)(2), the Secretary shall initiate the
actions necessary to convey to the State the
unappropriated Federal land.</DELETED>
<DELETED> (B) Requirements.--Conveyance of Federal
land by the Secretary under this Act--</DELETED>
<DELETED> (i) shall be by clear list,
patent, or deed acceptable to the State;
and</DELETED>
<DELETED> (ii) shall not be considered a
sale, exchange, or conveyance under section
203, 205, 206, or 209 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1713, 1715, 1716, 1719).</DELETED>
<DELETED> (2) Relinquishment and conveyance by state.--
</DELETED>
<DELETED> (A) In general.--As consideration for the
conveyance of Federal land under paragraph (1), on the
date on which the Federal land is conveyed to the
State, the State shall concurrently relinquish and
convey to the Secretary all right, title, and interest
of the State in and to the State land grant parcel
identified for relinquishment under subsection
(a)(1).</DELETED>
<DELETED> (B) Title.--The State shall convey to the
Secretary title, free of any financial claims,
liabilities, or other financial encumbrances, to all
parcels relinquished under subparagraph (A).</DELETED>
<DELETED> (C) Limitation.--Relinquishment and
conveyance by the State of a State land grant parcel
under this Act shall not be considered an exchange or
acquisition for purposes of section 205 or 206 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1715, 1716).</DELETED>
<DELETED> (c) Succession to Rights and Obligations.--Each party to
which land is conveyed under this Act shall, to the fullest extent
allowable under Federal and State law, succeed to the rights and
obligations of the conveying party with respect to any lease, right-of-
way, permit, or other valid existing right to which the land is
subject.</DELETED>
<DELETED> (d) Management After Relinquishment.--</DELETED>
<DELETED> (1) Reservation.--If a State land grant parcel
relinquished by the State and conveyed to the Secretary under
this Act is located wholly or partially within the boundaries
of any reservation, on request of the applicable Indian Tribe,
the portion of the State land grant parcel located within the
boundaries of the reservation shall be--</DELETED>
<DELETED> (A) taken into trust by the Secretary on
behalf of, and for the benefit of, the Indian Tribe on
the date of the conveyance; and</DELETED>
<DELETED> (B) considered to be a part of the
reservation of the Indian Tribe.</DELETED>
<DELETED> (2) Consultation required.--Prior to the
conveyance of a State land grant parcel located wholly or
partially within the boundaries of any reservation, the State
and the Secretary shall consult with the Indian Tribe the land
of which is subject to conveyance in accordance with Executive
Order 13175 (25 U.S.C. 5301 note; relating to consultation and
coordination with Indian tribal governments).</DELETED>
<DELETED> (e) Special Rules for Mineral Land.--</DELETED>
<DELETED> (1) Definition of unappropriated federal land
subject to a lease or permit.--In this subsection, the term
``unappropriated Federal land subject to a lease or permit''
means unappropriated Federal land subject to a mineral lease or
permit that is--</DELETED>
<DELETED> (A) issued under the Mineral Leasing Act
(30 U.S.C. 181 et seq.); and</DELETED>
<DELETED> (B) in a producing or producible status
during the 10-year period following the date of
enactment of this Act.</DELETED>
<DELETED> (2) Selection of mineral land.--The State may
select, and the Secretary may convey, unappropriated Federal
land that is mineral in character under subsection (b) on the
condition that, except as provided in paragraph (3)(A), if the
selected land is unappropriated Federal land subject to a lease
or permit--</DELETED>
<DELETED> (A) the Secretary shall reserve an
overriding interest in the portion of the mineral
estate that is comprised of minerals subject to leasing
under the Mineral Leasing Act (30 U.S.C. 181 et seq.);
and</DELETED>
<DELETED> (B) such a selection shall not include any
portion of the mineral lease or permit.</DELETED>
<DELETED> (3) Conveyance of mineral estate.--</DELETED>
<DELETED> (A) In general.--If the State selects
unappropriated Federal land subject to a lease or
permit under paragraph (2), on the option of the
State--</DELETED>
<DELETED> (i) the Secretary may convey with
the surface interest in the land the interest
in the mineral estate that is comprised of
minerals subject to leasing under the Mineral
Leasing Act (30 U.S.C. 181 et seq.);
and</DELETED>
<DELETED> (ii) all Federal mining claims
over the land shall be converted to State
leases in accordance with this
paragraph.</DELETED>
<DELETED> (B) Mining claims.--To facilitate the
conversion of Federal mining claims to State leases
under subparagraph (A), a Federal mining claimant may
file with the Secretary a voluntary relinquishment of
the Federal mining claim conditioned on--</DELETED>
<DELETED> (i) conveyance of the land to the
State; and</DELETED>
<DELETED> (ii) the conversion of the Federal
mining claim to a State lease.</DELETED>
<DELETED> (C) Obligations under federal law.--Until
the date on which the land is conveyed to the State
under subparagraph (A), a Federal mining claimant shall
be subject to any obligations relating to the land
under Federal law.</DELETED>
<DELETED> (D) No relinquishment.--If the land
previously encumbered by the relinquished Federal
mining claim is not conveyed to the State under
subparagraph (A), the relinquishment of land under
subparagraph (B) shall have no effect.</DELETED>
<DELETED> (E) Rights-of-way; other interest.--On
conveyance to the State of land encumbered by a
relinquished Federal mining claim under this paragraph,
the State shall assume authority over any leases,
licenses, permits, rights-of-way, operating plans,
other land use authorizations, or reclamation
obligations applicable to the relinquished Federal
mining claim on the date of conveyance.</DELETED>
<DELETED> (F) Valuation.--If a Federal mining
claimant does not voluntarily relinquish under
subparagraph (B) a Federal mining claim on land
conveyed to the State, the Secretary shall take into
account the encumbrance represented by the claim in
determining the value of the land under section
5(b).</DELETED>
<DELETED> (f) Withdrawal.--</DELETED>
<DELETED> (1) In general.--Subject to valid rights in
existence on the date of enactment of this Act, all Federal
land selected by the State for conveyance under this Act,
effective beginning on the date on which the State makes the
selection and ending on the date described in paragraph (2), is
withdrawn from all forms of--</DELETED>
<DELETED> (A) entry, appropriation, or disposal
under the public land laws;</DELETED>
<DELETED> (B) location, entry, and patent under the
mining laws; and</DELETED>
<DELETED> (C) disposition under all laws pertaining
to mineral and geothermal leasing or mineral
materials.</DELETED>
<DELETED> (2) Date described.--The date referred to in
paragraph (1) is the date on which, as applicable--</DELETED>
<DELETED> (A) the Federal land is conveyed by the
Secretary to the State;</DELETED>
<DELETED> (B) the Secretary rejects the selection
under subsection (a)(2); or</DELETED>
<DELETED> (C) the State withdraws the
selection.</DELETED>
<DELETED>SEC. 5. VALUATION.</DELETED>
<DELETED> (a) Equal Value.--With respect to a State land grant
parcel conveyed under this Act in consideration for a parcel of Federal
land selected in accordance with this Act--</DELETED>
<DELETED> (1) the overall value of the State land grant
parcel and the overall value of the parcel of Federal land
shall be substantially equal; or</DELETED>
<DELETED> (2) subject to subsection (c), if the overall
value of the parcels is not equal, the party conveying the
parcel of lesser value shall--</DELETED>
<DELETED> (A) equalize the value by the payment of
funds to the other party; or</DELETED>
<DELETED> (B) enter the imbalance in value on a
ledger account in accordance with subsection
(e).</DELETED>
<DELETED> (b) Appraisal Required.--Except as provided in subsection
(d), the Secretary shall determine the value of a State land grant
parcel and a parcel of Federal land to be conveyed under this Act
through an appraisal completed in accordance with--</DELETED>
<DELETED> (1) the Uniform Appraisal Standards for Federal
Land Acquisitions; or</DELETED>
<DELETED> (2) subject to subsection (d)(1), the Uniform
Standards for Professional Appraisal Practice.</DELETED>
<DELETED> (c) Equalization.--With respect to a conveyance to the
Secretary of a State land grant parcel of lesser value than the parcel
of Federal land to be conveyed to the State under this Act, the total
value of the equalization payment described in subsection (a)(2)(A) or
the ledger entry described in subsection (e), as applicable, may not
exceed 25 percent of the total value of the parcel of Federal
land.</DELETED>
<DELETED> (d) Low Value Parcels.--</DELETED>
<DELETED> (1) In general.--The Secretary, with the consent
of the State, may use mass appraisals, a summary appraisal, or
a statement of value made by a qualified appraiser carried out
in accordance with the Uniform Standards for Professional
Appraisal Practice to determine the value of a State land grant
parcel or a parcel of Federal land to be conveyed under this
Act instead of an appraisal that complies with the Uniform
Appraisal Standards for Federal Land Acquisitions if the State
and the Secretary agree that market value of the State land
grant parcel or parcel of Federal land, as applicable, is--
</DELETED>
<DELETED> (A) less than $500,000; and</DELETED>
<DELETED> (B) less than $500 per acre.</DELETED>
<DELETED> (2) Division.--A State land grant parcel or a
parcel of Federal land may not be artificially divided in order
to qualify for a summary appraisal, mass appraisal, or
statement of value under paragraph (1).</DELETED>
<DELETED> (e) Ledger Accounts.--</DELETED>
<DELETED> (1) In general.--With respect to a State land
grant parcel conveyed under this Act in consideration for a
parcel of Federal land, if the overall value of the parcels is
not equal, the Secretary and the State may agree to use a
ledger account to make equal the value.</DELETED>
<DELETED> (2) Imbalances.--A ledger account described in
paragraph (1) shall reflect imbalances in value to be
reconciled in a subsequent transaction.</DELETED>
<DELETED> (3) Account balancing.--Each ledger account
described in paragraph (1) shall be--</DELETED>
<DELETED> (A) balanced not later than 3 years after
the date on which the ledger account is established;
and</DELETED>
<DELETED> (B) closed not later than 5 years after
the date of the last conveyance of land under this
Act.</DELETED>
<DELETED> (4) Costs.--</DELETED>
<DELETED> (A) In general.--The Secretary or the
State may assume costs or other responsibilities or
requirements for conveying land under this Act that
ordinarily are borne by the other party.</DELETED>
<DELETED> (B) Adjustment.--If the Secretary or the
State assume costs or other responsibilities under
subparagraph (A), the Secretary or the State shall make
adjustments to the value of the Federal land conveyed
to the State to compensate the Secretary or the State,
as applicable, for assuming the costs or other
responsibilities.</DELETED>
<DELETED> (5) Mineral land.--If value is attributed to any
parcel of Federal land that has been selected by the State
because of the presence of minerals under a lease entered into
under the Mineral Leasing Act (30 U.S.C. 181 et seq.) that is
in a producing or producible status, and the lease is to be
conveyed under this Act, the value of the parcel shall be
reduced by the amount that represents the likely Federal
revenue sharing obligation under the Mineral Leasing Act (30
U.S.C. 181 et seq.) with the State, but the adjustment shall
not be considered as reflecting a property right of the
State.</DELETED>
<DELETED>SEC. 6. MISCELLANEOUS.</DELETED>
<DELETED> (a) In General.--Land or minerals conveyed under this Act
shall be subject to all applicable Federal, State, and Tribal
law.</DELETED>
<DELETED> (b) Protection of Indian Rights.--</DELETED>
<DELETED> (1) Treaty rights.--Nothing in this Act modifies,
limits, expands, or otherwise affects any treaty-reserved right
or other right of any Indian Tribe recognized by any other
means, including treaties or agreements with the United States,
Executive orders, statutes, regulations, or case law.</DELETED>
<DELETED> (2) Land or minerals held in trust.--Nothing in
this Act affects--</DELETED>
<DELETED> (A) land or minerals held in trust by the
United States as of the date of enactment of this Act
on behalf of, and for the benefit of, any Indian Tribe;
or</DELETED>
<DELETED> (B) any individual Indian
allotment.</DELETED>
<DELETED> (c) Hazardous Materials.--</DELETED>
<DELETED> (1) In general.--The Secretary and the State shall
make available for review and inspection any record relating to
hazardous materials on land to be conveyed under this
Act.</DELETED>
<DELETED> (2) Certification.--</DELETED>
<DELETED> (A) In general.--Prior to completing a
conveyance of Federal land under this Act, the
Secretary shall complete an inspection and a hazardous
materials certification of the land to be
conveyed.</DELETED>
<DELETED> (B) State land grant parcels.--Prior to
completing a conveyance of a State land grant parcel
under this Act, the State shall complete an inspection
and a hazardous materials certification of the land to
be conveyed.</DELETED>
<DELETED> (d) Grazing Permits.--</DELETED>
<DELETED> (1) In general.--If land conveyed under this Act
is subject to a lease, permit, or contract for the grazing of
domestic livestock in effect on the date of the conveyance, the
Secretary or the State, as applicable, shall allow the grazing
to continue for the remainder of the term of the lease, permit,
or contract, subject to the related terms and conditions of the
user agreements, including permitted stocking rates, grazing
fee levels, access, and ownership and use of range
improvements.</DELETED>
<DELETED> (2) Cancellation.--</DELETED>
<DELETED> (A) In general.--Nothing in this Act
prevents the Secretary or the State from canceling or
modifying a grazing permit, lease, or contract if the
land subject to the permit, lease, or contract is sold,
conveyed, transferred, or leased for nongrazing
purposes.</DELETED>
<DELETED> (B) Base properties.--If land conveyed by
the State under this Act is used by a grazing permittee
or lessee to meet the base property requirements for a
Federal grazing permit or lease, the land shall
continue to qualify as a base property for the
remaining term of the lease or permit and the term of
any renewal or extension of the lease or
permit.</DELETED>
<DELETED> (C) Range improvements.--Nothing in this
Act prohibits a holder of a grazing lease, permit, or
contract from being compensated for range improvements
pursuant to the terms of the lease, permit, or contract
under existing Federal or State laws.</DELETED>
<DELETED>SEC. 7. SAVINGS CLAUSE.</DELETED>
<DELETED> Nothing in this Act applies to or impacts the ownership of
any land or mineral resources.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North Dakota Trust Lands Completion
Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) North dakota enabling act.--The term ``North Dakota
Enabling Act'' means the Act of February 22, 1889 (25 Stat.
676, chapter 180).
(2) Reservation.--The term ``reservation'' means any Indian
reservation located wholly or partially within the State of
North Dakota and recognized under United States treaty,
Executive order, or Act of Congress.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of North
Dakota, acting through the North Dakota Board of University and
School Lands and its agent, the Department of Trust Lands.
(5) State land grant parcel.--The term ``State land grant
parcel'' means--
(A) a parcel of land granted to the State of North
Dakota by Congress--
(i) on statehood; or
(ii) through a grant pursuant to the North
Dakota Enabling Act;
(B) a section of land numbered 16 or 36 granted to
the State of North Dakota by Congress for school
purposes;
(C) a parcel of land selected by the State of North
Dakota as indemnity for any section of land numbered 16
or 36; and
(D) a parcel of land other than a parcel of land
described in subparagraph (A), (B), or (C) obtained by
the State after statehood.
(6) Unappropriated federal land.--
(A) In general.--The term ``unappropriated Federal
land'' means public land administered by the Bureau of
Land Management located within the State of North
Dakota, including public land that is mineral in
character.
(B) Exclusions.--The term ``unappropriated Federal
land'' does not include--
(i) land (including an interest in land)
acquired by the Bureau of Land Management;
(ii) any area of critical environmental
concern established pursuant to section
202(c)(3) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712(c)(3));
or
(iii) land that is--
(I) withdrawn from--
(aa) entry, appropriation,
or disposal under the public
land laws;
(bb) location, entry, and
patent under the mining laws;
or
(cc) disposition under all
laws pertaining to mineral and
geothermal leasing or mineral
materials;
(II) located within a component of
the National Landscape Conservation
System;
(III) designated as a Research
Natural Area;
(IV) located within any
reservation;
(V) located within--
(aa) T. 147 N., R. 95 W.;
(bb) T. 148 N., R. 95 W.;
(cc) T. 148 N., R. 96 W.;
or
(dd) T. 149 N., R. 95 W.;
(VI) located within a United States
military reservation; or
(VII) designated by Congress or the
President for conservation purposes.
SEC. 3. RELINQUISHMENT AND SELECTION; CONVEYANCE.
(a) Relinquishment and Selection.--
(1) In general.--Subject to valid existing rights, if the
State elects to relinquish all right, title, and interest of
the State in and to a State land grant parcel located wholly or
partially within the boundaries of any reservation, the
Secretary shall authorize the State to select in accordance
with this Act 1 or more parcels of unappropriated Federal land
of substantially equivalent value.
(2) Approval.--Not later than 180 days after the date on
which the State makes a selection under paragraph (1), the
Secretary shall approve or reject, in whole or in part, the
selection.
(3) Review.--Nothing in this subsection precludes the
Secretary from conducting an environmental review of any parcel
proposed for relinquishment under paragraph (1) if the
Secretary determines that an environmental review is
appropriate.
(b) Conveyance.--
(1) Conveyance by secretary.--
(A) In general.--Not later than 60 days after the
date on which the Secretary approves a State selection
of unappropriated Federal land under subsection (a)(2),
the Secretary shall initiate the actions necessary to
convey to the State the unappropriated Federal land.
(B) Requirements.--Conveyance of unappropriated
Federal land by the Secretary under this Act--
(i) shall be by patent or deed in a form
acceptable to the State and the Secretary; and
(ii) shall not be considered a sale,
exchange, or conveyance for purposes of section
203, 205, 206, or 209 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1713, 1715, 1716, 1719).
(2) Relinquishment and conveyance by state.--
(A) In general.--As consideration for the
conveyance of unappropriated Federal land under
paragraph (1), on the date on which the unappropriated
Federal land is conveyed to the State, the State shall
concurrently relinquish and convey to the Secretary all
right, title, and interest of the State in and to the
State land grant parcel identified for relinquishment
under subsection (a)(1).
(B) Title.--The State shall convey to the Secretary
title, free of any financial claims, liabilities, or
other financial encumbrances, to all parcels
relinquished under subparagraph (A).
(C) Limitation.--Relinquishment and conveyance by
the State of a State land grant parcel under this Act
shall not be considered an exchange or acquisition for
purposes of section 205 or 206 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1715,
1716).
(c) Succession to Rights and Obligations.--Each party to which land
is conveyed under this Act shall, to the fullest extent allowable under
Federal and State law, succeed to the rights and obligations of the
conveying party with respect to any lease, right-of-way, permit, or
other valid existing right to which the land is subject.
(d) Management After Relinquishment.--
(1) Reservation.--If a State land grant parcel relinquished
by the State and conveyed to the Secretary under this Act is
located wholly or partially within the boundaries of any
reservation, on request of the applicable Indian Tribe, the
portion of the State land grant parcel located within the
boundaries of the reservation shall be--
(A) taken into trust by the Secretary on behalf of,
and for the benefit of, the Indian Tribe on the date of
the conveyance; and
(B) considered to be a part of the reservation of
the Indian Tribe.
(2) Consultation required.--Prior to the conveyance of a
State land grant parcel located wholly or partially within the
boundaries of any reservation, the State and the Secretary
shall consult with affected Indian Tribes, including the Indian
Tribe the land of which is subject to conveyance in accordance
with Executive Order 13175 (25 U.S.C. 5301 note; relating to
consultation and coordination with Indian tribal governments)
and other applicable laws.
(e) Withdrawal.--
(1) In general.--Subject to valid rights in existence on
the date of enactment of this Act, all unappropriated Federal
land selected by the State for conveyance under this Act,
effective beginning on the date on which the State makes the
selection and ending on the date described in paragraph (2), is
withdrawn from all forms of--
(A) entry, appropriation, or disposal under the
public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) disposition under all laws pertaining to
mineral and geothermal leasing or mineral materials.
(2) Date described.--The date referred to in paragraph (1)
is the date on which, as applicable--
(A) the unappropriated Federal land is conveyed by
the Secretary to the State;
(B) the Secretary rejects the selection under
subsection (a)(2); or
(C) the State withdraws the selection.
SEC. 4. VALUATION.
(a) Equal Value.--With respect to a State land grant parcel
conveyed under this Act in consideration for a parcel of unappropriated
Federal land selected in accordance with this Act--
(1) the overall value of the State land grant parcel and
the overall value of the parcel of unappropriated Federal land
shall be substantially equal; or
(2) subject to subsection (c), if the overall value of the
parcels is not equal, the party conveying the parcel of lesser
value shall--
(A) equalize the value by the payment of funds to
the other party; or
(B) enter the imbalance in value on a ledger
account in accordance with subsection (e).
(b) Appraisal Required.--
(1) In general.--Except as provided in subsection (d), the
value of the unappropriated Federal land selected in accordance
with this Act and the value of a State land grant parcel
conveyed under this Act shall be determined by appraisals
conducted by 1 or more independent appraisers selected jointly
by the Secretary and the State.
(2) Requirements.--An appraisal under paragraph (1) shall
be completed in accordance with--
(A) the Uniform Appraisal Standards for Federal
Land Acquisitions; or
(B) subject to subsection (d)(1), the Uniform
Standards for Professional Appraisal Practice.
(c) Equalization.--With respect to a conveyance to the Secretary of
a State land grant parcel of lesser value than the parcel of
unappropriated Federal land to be conveyed to the State under this Act,
the total value of the equalization payment described in subsection
(a)(2)(A) or the ledger entry described in subsection (e), as
applicable, may not exceed 25 percent of the total value of the parcel
of unappropriated Federal land.
(d) Low Value Parcels.--
(1) In general.--The Secretary, with the consent of the
State, may use mass appraisals, a summary appraisal, or a
statement of value made by a qualified appraiser carried out in
accordance with the Uniform Standards for Professional
Appraisal Practice to determine the value of a State land grant
parcel or a parcel of unappropriated Federal land to be
conveyed under this Act instead of an appraisal that complies
with the Uniform Appraisal Standards for Federal Land
Acquisitions if the State and the Secretary agree that market
value of the State land grant parcel or parcel of
unappropriated Federal land, as applicable, is--
(A) less than $500,000; and
(B) less than $500 per acre.
(2) Division.--A State land grant parcel or a parcel of
unappropriated Federal land may not be artificially divided in
order to qualify for a summary appraisal, mass appraisal, or
statement of value under paragraph (1).
(e) Ledger Accounts.--
(1) In general.--With respect to a State land grant parcel
conveyed under this Act in consideration for a parcel of
unappropriated Federal land, if the overall value of the
parcels is not equal, the Secretary and the State may agree to
use a ledger account to make equal the value.
(2) Imbalances.--A ledger account described in paragraph
(1) shall reflect imbalances in value to be reconciled in a
subsequent transaction.
(3) Account balancing.--Each ledger account described in
paragraph (1) shall be--
(A) balanced not later than 3 years after the date
on which the ledger account is established; and
(B) closed not later than 5 years after the date of
the last conveyance of land under this Act.
(4) Costs.--
(A) In general.--The Secretary or the State may
assume costs or other responsibilities or requirements
for conveying land under this Act that ordinarily are
borne by the other party.
(B) Adjustment.--If the Secretary or the State
assume costs or other responsibilities under
subparagraph (A), the Secretary or the State shall make
adjustments to the value of the unappropriated Federal
land conveyed to the State to compensate the Secretary
or the State, as applicable, for assuming the costs or
other responsibilities.
(5) Mineral land.--If value is attributed to any parcel of
unappropriated Federal land that has been selected by the State
because of the presence of minerals under a lease entered into
under the Mineral Leasing Act (30 U.S.C. 181 et seq.) that is
in a producing or producible status, and the lease is to be
conveyed under this Act, the value of the parcel shall be
reduced by the amount that represents the likely Federal
revenue sharing obligation under the Mineral Leasing Act (30
U.S.C. 181 et seq.) with the State, but the adjustment shall
not be considered as reflecting a property right of the State.
SEC. 5. MISCELLANEOUS.
(a) In General.--Land or minerals conveyed under this Act shall be
subject to all applicable Federal, State, and Tribal law.
(b) Protection of Indian Rights.--
(1) Treaty rights.--Nothing in this Act modifies, limits,
expands, or otherwise affects any treaty-reserved right or
other right of any Indian Tribe recognized by any other means,
including treaties or agreements with the United States,
Executive orders, statutes, regulations, or case law.
(2) Land or minerals held in trust.--Nothing in this Act
affects--
(A) land or minerals held in trust by the United
States as of the date of enactment of this Act on
behalf of, and for the benefit of, any Indian Tribe; or
(B) any individual Indian allotment.
(c) Hazardous Materials.--
(1) In general.--The Secretary and the State shall make
available for review and inspection any record relating to
hazardous materials on land to be conveyed under this Act.
(2) Certification.--
(A) In general.--Prior to completing a conveyance
of unappropriated Federal land under this Act, the
Secretary shall complete an inspection and a hazardous
materials certification of the land to be conveyed.
(B) State land grant parcels.--Prior to completing
a conveyance of a State land grant parcel under this
Act, the State shall complete an inspection and a
hazardous materials certification of the land to be
conveyed.
(d) Grazing Permits.--
(1) In general.--If land conveyed under this Act is subject
to a lease, permit, or contract for the grazing of domestic
livestock in effect on the date of the conveyance, the
Secretary or the State, as applicable, shall allow the grazing
to continue for the remainder of the term of the lease, permit,
or contract, subject to the related terms and conditions of the
user agreements, including permitted stocking rates, grazing
fee levels, access, and ownership and use of range
improvements.
(2) Cancellation.--
(A) In general.--Nothing in this Act prevents the
Secretary or the State from canceling or modifying a
grazing permit, lease, or contract if the land subject
to the permit, lease, or contract is sold, conveyed,
transferred, or leased for nongrazing purposes.
(B) Base properties.--If land conveyed by the State
under this Act is used by a grazing permittee or lessee
to meet the base property requirements for a Federal
grazing permit or lease, the land shall continue to
qualify as a base property for the remaining term of
the lease or permit and the term of any renewal or
extension of the lease or permit.
(C) Range improvements.--Nothing in this Act
prohibits a holder of a grazing lease, permit, or
contract from being compensated for range improvements
pursuant to the terms of the lease, permit, or contract
under existing Federal or State laws.
SEC. 6. SAVINGS CLAUSE.
Nothing in this Act applies to or affects litigation or disputes
pending on the date of enactment of this Act regarding the ownership of
any land or mineral resources located within the State of North Dakota.
Calendar No. 276
118th CONGRESS
1st Session
S. 1088
[Report No. 118-132]
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A BILL
To authorize the relinquishment and in lieu selection of land and
minerals in the State of North Dakota, to restore land and minerals to
Indian Tribes within the State of North Dakota, and for other purposes.
_______________________________________________________________________
December 12, 2023
Reported with an amendment