[Congressional Bills 103th Congress] [From the U.S. Government Publishing Office] [S. 1216 Introduced in Senate (IS)] 103d CONGRESS 1st Session S. 1216 To resolve the 107th Meridian boundary dispute between the Crow Indian Tribe, the Northern Cheyenne Indian Tribe and the United States and various other issues pertaining to the Crow Indian Reservation. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES July 13, 1993 Mr. Baucus (for himself and Mr. Burns) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs _______________________________________________________________________ A BILL To resolve the 107th Meridian boundary dispute between the Crow Indian Tribe, the Northern Cheyenne Indian Tribe and the United States and various other issues pertaining to the Crow Indian Reservation. 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 ``Crow Settlement Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Purpose.--The purpose of this Act is to settle the dispute created by the Federal Government's erroneous survey of the eastern boundary of the Crow Indian Reservation and to resolve various other issues pertaining to the Crow Indian Reservation. (b) Findings.-- (1) Under the Fort Laramie Treaty of 1868, (15 Stat. 649), the eastern boundary of the Crow Indian Reservation was established as the 107th Meridian for approximately 90 miles from the Yellowstone River to the boundary between Montana and Wyoming. (2) Under 1884 and 1900 Executive orders, the western boundary of the Northern Cheyenne Reservation was established as the 107th Meridian. The 107th Meridian is the common boundary between the Crow and Northern Cheyenne Reservations for approximately 25 miles. (3) From 1889 through 1891, a survey was conducted of the eastern boundary of the Crow Reservation. Instead of following the true 107th Meridian, the 1891 survey line strayed to the west. As a result of the erroneous survey, approximately 36,164 acres were excluded from the Crow Indian Reservation of which approximately 12,964 acres were included in the Northern Cheyenne Indian Reservation. Vast deposits of low sulphur coal underlie the land excluded from the Crow Indian Reservation including the land included in the Northern Cheyenne Indian Reservation. (4) The erroneous nature of the survey was not discovered for several decades. Meanwhile, the areas along the 107th Meridian to the north and south of the Northern Cheyenne Indian Reservation were opened to settlement in the late 1800's and early 1900's. Patents were issued to non-Indians and to the State of Montana for most of the surface land and a significant portion of the minerals in these areas between the 107th Meridian and the erroneous 1891 survey line. The 12,964 acres erroneously included in the Northern Cheyenne Reservation have been treated as part of the Northern Cheyenne Reservation and occupied by the Northern Cheyenne Tribe, Northern Cheyenne allottees and their successors in interest. (5) Following the discovery of the erroneous 1891 survey line in the 1950's, bills to resolve the 107th Meridian boundary dispute were introduced in Congress in the 1960's and 1970's, but no bill was enacted into law. (6) In 1966, the United States completed construction of Yellowtail Dam on the Crow Indian Reservation as part of the Pick-Sloan Missouri Basin Program. The Pick-Sloan Missouri Basin Program also included the Hardin Bench Irrigation Unit and other irrigation projects on the Crow Indian Reservation which have not yet been constructed. (7) The operation of the Yellowtail Afterbay Dam by the Bureau of Reclamation has resulted in a significant water quality problem on the Big Horn River within the Crow Indian Reservation. Construction of a power plant and related facilities at the existing Yellowtail Afterbay Dam will solve that problem. SEC. 3. DEFINITIONS. For purposes of this Act: (1) The term ``Crow Tribe'' means the Crow Tribe of Indians, the duly recognized governing body of the Crow Indian Reservation. (2) The term ``disputed area'' means the land, approximately 36,165 acres, including the minerals, located between the 107th Meridian and the 1891 survey line. (3) The term ``1891 survey line'' means the erroneous boundary line resulting from the survey of the 107th Meridian which was completed in 1891. (4) The term ``Northern Cheyenne Tribe'' means the Northern Cheyenne Tribe of Indians, the duly recognized governing body of the Northern Cheyenne Indian Reservation. (5) The term ``107th Meridian boundary dispute'' means the dispute resulting from the disparity between the locations of the 107th Meridian and the 1891 survey line. (6) The term ``parcel No. 1'' means the land, approximately 11,317 acres, including all minerals, within the area bounded on the south by the Montana/Wyoming border, on the east by the 107th Meridian, on the north by the extension to the west of the southern boundary of the Northern Cheyenne Indian Reservation and on the west by the 1891 survey line. (7) The term ``parcel No. 2'' means the land, approximately 12,964 acres, including all minerals, within the area bounded on the south by the extension to the west of the southern boundary of the Northern Cheyenne Indian Reservation, on the east by the 107th Meridian, on the north by the extension to the west of the northern boundary of the Northern Cheyenne Indian Reservation and on the west by the 1891 survey line. (8) The term ``parcel No. 3'' means the land, approximately 2,469 acres, including all minerals, within the area bounded on the south by the extension to the west of the northern boundary of the Northern Cheyenne Indian Reservation, on the east by the 107th Meridian, on the north by the northern boundary of the Crow Indian Reservation and on the west by the 1891 survey line. (9) The term ``parcel No. 4'' means the land, approximately 9,415 acres, including all minerals, within the area bounded on the south by the northern boundary of the Crow Indian Reservation, on the east by the 107th Meridian, on the north by the midpoint of the Yellowstone River and on the west by the 1891 survey line. (10) The word ``Secretary'' means the Secretary of the Interior. (11) The term ``undisposed of coal'' means coal which has not been conveyed to private parties or to the State of Montana by the United States. (12) The term ``undisposed of land'' means surface land which has not been conveyed to private parties or to the State of Montana by the United States. (13) The term ``undisposed of oil, gas, coal methane or other minerals'' means oil, gas, coal methane or other minerals except coal, which have not been conveyed to private parties or to the State of Montana by the United States. SEC. 4. AUTHORITY TO SETTLE. (a) Contract With Crow Tribe.--Subject to the terms and conditions of this Act, the Secretary shall enter into a contract with the Crow Tribe providing for the settlement of the 107th Meridian boundary dispute and other issues pertaining to the Crow Indian Reservation. (b) Contract With Northern Cheyenne Tribe.--Subject to the terms and conditions of this Act, the Secretary shall enter into a contract with the Northern Cheyenne Tribe to resolve the issues with respect to the property within parcel No. 2. (c) Enforcement of Contracts.--The contracts authorized in subsections (a) and (b) shall be enforceable pursuant to subchapter II of chapter 5 of title 5, United States Code, or, where the remedies available under that Act do not provide adequate or complete relief, pursuant to section 1505 of title 28, United States Code. SEC. 5. TERMS AND CONDITIONS OF SETTLEMENT CONTRACTS. (a) Crow/Northern Cheyenne Settlement.--The contracts with the Crow and Northern Cheyenne Tribes referred to in section 4 shall include the following terms and conditions with respect to the property within parcel No. 2: (1) The surface boundary between the Crow and Northern Cheyenne Indian Reservations shall be the 1891 survey line and the ownership of the surface lands within parcel No. 2 shall be recognized as being vested in the United States in trust for the sole use and benefit of the Northern Cheyenne Tribe, Northern Cheyenne allottees or their successors in interest or other persons whose claims, rights, or interests are based on the 1891 survey line. (2) With respect to the coal and other minerals within parcel No. 2 except for oil, gas, and coal methane, the boundary between the Crow and Northern Cheyenne Indian Reservations shall be the 1891 survey line and the ownership of such minerals shall be vested in the United States in trust for the sole use and benefit of the Northern Cheyenne Tribe. (3) With respect to oil, gas, and coal methane within parcel No. 2, the boundary between the Crow and Northern Cheyenne Indian Reservations shall be the 107th Meridian and the ownership of such oil, gas and coal methane shall be vested in the United States in trust for the sole use and benefit of the Crow Tribe. (4) The funds held in escrow by the Bureau of Indian Affairs derived from the lands and minerals within parcel No. 2, together with all of the interest earned on such funds, shall be divided equally between the Crow and Northern Cheyenne Tribes and may be used by each tribe for such purposes as it may determine. (5) A disclaimer and relinquishment by the Crow Tribe of all right, title, claim or interest in the land and minerals within parcel No. 2 described in paragraphs (1) and (2), and to one-half of the funds described in paragraph (4), and a disclaimer and relinquishment by the Northern Cheyenne Tribe of all right, title, claim or interest in the minerals within parcel No. 2 described in paragraph (3), and to one-half of the funds described in paragraph (4). (6) A release by the Northern Cheyenne Tribe of all persons and entities, including the United States and the Crow Tribe, for any and all liability arising out of the erroneous survey of the 107th Meridian, and a release by the Crow Tribe of all persons and entities, including the United States and the Northern Cheyenne Tribe, for any and all liability arising from the erroneous survey of the 107th Meridian. (b) Property Within Parcel Nos. 1, 3 and 4.--The contract with the Crow Tribe referred to in section 4 shall include the following terms and conditions with respect to the property within parcel Nos. 1, 3 and 4: (1) Title to the undisposed of coal within parcel No. 1 shall be vested in the United States in trust for the sole use and benefit of the Crow Tribe and such coal shall be recognized as part of the Crow Indian Reservation. (2) Title to the undisposed of surface lands within parcel Nos. 1, 3 and 4 shall be vested in the United States in trust for the sole use and benefit of the Crow Tribe and such land shall be recognized as part of the Crow Indian Reservation. Notwithstanding the preceding provisions of this paragraph, the State of Montana shall retain the same civil and criminal authority over such lands in Parcel No. 4 that it currently has over lands restored to the Tribe under the Act of May 19, 1958, (72 Stat. 121). (3) Title to the undisposed of oil, gas, coal methane or other minerals within parcel Nos. 1, 3 and 4 shall be vested in the United States in trust for the sole use and benefit of the Crow Tribe and such minerals shall be recognized as part of the Crow Indian Reservation. (4) A disclaimer and relinquishment by the Crow Tribe of all right, title, claim or interest in all the lands and minerals within parcel Nos. 1, 3 and 4, except for the rights, titles and interests recognized as beneficially owned by the Crow Tribe in paragraphs (1), (2) and (3). (5) A release by the Crow Tribe of all persons and entities, including the United States, for any and all liability arising from the erroneous survey of the 107th Meridian. (c) Exchange of Public Lands.--As part of the settlement of the 107th Meridian boundary dispute with the Crow Tribe, the contract with the Crow Tribe referred to in section 4 shall include the following land exchange provisions: (1) The Secretary shall negotiate with the State of Montana for the purpose of exchanging public lands within the State of Montana for up to approximately 46,625 acres of State trust lands within the Crow Indian Reservation and the disputed area. The value of the public lands and State trust lands exchanged pursuant to this provision shall be substantially equal. The value of improvements on such lands shall be given due consideration. Lands exchanged shall be selected so that the financial impact on local governments, if any, will be minimized. The Secretary shall provide such financial and other assistance to the State of Montana as may be necessary to obtain the appraisals and other administrative requirements necessary to accomplish this exchange. Upon the approval by the Secretary and the State of Montana of an exchange pursuant to this paragraph, the Secretary is authorized to receive title to such State trust lands involved in the exchange on behalf of the United States and to transfer title to the public lands involved in the exchange to the State of Montana by such means of conveyance as the Secretary deems appropriate. State trust lands acquired pursuant to the exchange shall be vested in the United States in trust for the sole use and benefit of the Crow Tribe and shall be deemed part of the Crow Indian Reservation. (2) If, for any reason, the exchange for all or any portion of the State trust lands described in paragraph (1) is not completed within 5 years from the date of enactment of this Act, at the request of and in cooperation with the Crow Tribe, the Secretary shall develop and implement a program to provide the Crow Tribe with land in an amount sufficient to make up the difference between the value of all the State trust lands within the Crow Indian Reservation and the disputed area and the value of any State trust lands exchanged and acquired pursuant to paragraph (1). In carrying out this program, the Secretary is authorized to transfer title to public lands within the State of Montana to the Crow Tribe and to exchange public lands within the State of Montana for private lands of substantially equal value within the Crow Indian Reservation. The value of improvements on all such lands shall be given due consideration. Title to the public lands transferred pursuant to this paragraph, other than by exchange, and to the private lands acquired pursuant to this paragraph shall be vested in the United States in trust for the sole use and benefit of the Crow Tribe and shall be deemed part of the Crow Indian Reservation. Notwithstanding the preceding provisions of this paragraph, the State of Montana shall retain civil and criminal authority over the surface only of any such lands in the event that any such lands are not contiguous to the existing Crow Reservation, which authority shall not be exclusive. (d) Yellowtail Afterbay Power Plant.--As part of the settlement of the 107th Meridian boundary dispute with the Crow Tribe and to bring the Federal Government's operation of Yellowtail Afterbay Dam into compliance with applicable water quality standards, the Secretary, subject to the availability of funds, shall construct and operate a power plant and bypass at the Yellowtail Afterbay Dam. The cost of constructing such power plant and bypass shall be nonreimbursable. The Secretary, in consultation and cooperation with the Secretary of Energy and the Crow Tribe, is authorized to sell or to make arrangements for the sale or marketing of the power generated at the Yellowtail Afterbay Dam to produce maximum revenues. Revenues from the sale of power generated at that power plant shall first be used to defray the costs incurred in the operation, maintenance and repair of the plant. The contract with the Crow Tribe referred to in section 4 of this Act shall provide that the remainder of the revenues from the sale of such power shall be transferred to the Crow Tribe and used for such purposes as the Crow Tribe may determine, subject to the Secretary's approval. Notwithstanding the preceding sentence, the Crow Tribe, may, in its discretion, elect to utilize any portion of the power generated at the Yellowtail Afterbay Dam in lieu of receiving the revenues produced by the sale of that power. (e) Crow Tribal Trust Fund.-- (1) There is established in the Treasury of the United States a revolving account to be known as the ``Crow Tribal Trust Account''. (2) Amounts in the Crow Tribal Trust Account shall be available, without fiscal year limitations, to the Secretary for distribution to the Crow Tribe in accordance with section 6(b), and other provisions of this Act. (3) The Crow Tribal Trust Account shall consist of such amounts as are appropriated to it in accordance with the authorizations provided by this Act. (4) As part of the settlement of the 107th Meridian boundary dispute and other issues pertaining to the Crow Indian Reservation, in the contract with the Crow Tribe referred to in section 4 of this Act, the Secretary, on behalf of the United States, shall pay, from moneys appropriated pursuant to this Act, into the Crow Tribal Trust Account $10,000,000 for fiscal year 1994, and each of the next following 9 fiscal years. (f) Additional Contributions to Crow Tribal Trust Fund.--In addition to the amounts authorized to be appropriated in subsection (e)(4), as part of the settlement of the 107th Meridian boundary dispute and other issues pertaining to the Crow Indian Reservation, in the contract with the Crow Tribe referred to in section 4 of this Act, the Secretary, on behalf of the United States, subject to the availability of moneys appropriated pursuant to this Act, shall pay the following amounts into the Crow Tribal Trust Account: (1) Commencing with fiscal year 1994 and each fiscal year thereafter, an amount which shall be nonreimbursable and nonreturnable and equal to the amounts of royalties received and retained by the United States during the previous fiscal year from the East Decker, West Decker and Spring Creek coal mines in the State of Montana for the life of those mines, including any extensions of the existing leases or expansions to adjacent or nearby coal deposits owned by the Federal Government. (2) Commencing with fiscal year 1994, and each fiscal year thereafter, an amount, which shall be nonreimbursable and nonreturnable, equal to the receipts from all deposits to the United States Treasury for the preceding fiscal year from the sale of power generated at Yellowtail Dam. SEC. 6. ADMINISTRATION OF CROW TRIBAL TRUST FUND. (a) Investment.--All sums deposited in, accruing to and remaining in the Crow Tribal Trust Account, shall be invested by the Secretary of the Treasury in interest-bearing deposits and securities in accordance with the Act of June 24, 1938 (52 Stat. 1037, 25 U.S.C. 162a). (b) Distribution of Interest.--Only the interest received on moneys in the Crow Tribal Trust Account shall be available for distribution to the Crow Tribe, and then only for use for education, land acquisition, economic development, youth and elderly programs and other tribal purposes in accordance with plans and budgets developed by the Crow Tribe and approved by the Secretary; except that, subject to the Secretary's approval, up to 25 percent of the moneys in the Crow Tribal Trust Account at any time may be pledged by the Crow Tribe as security for commercial loans for economic development projects on or near the Crow Indian Reservation. No part of any moneys in the Crow Tribal Trust Account or of the interest earned on moneys in the Crow Tribal Account shall be distributed to members of the Crow Tribe on a per capita basis. (c) Interest Adjustments.--(1) If and to the extent that any portion of the sums described in section 5(e)(4) are appropriated after fiscal year 1994 and the following 9 fiscal years or in lesser amounts than provided in section 5(e)(4), there shall be deposited in the Crow Tribal Trust Fund, subject to appropriations, in addition to the full contributions, adjustments representing the interest income, as determined by the Secretary in his sole discretion, that would have been earned on any unpaid amounts had the amounts authorized in section 5(e)(4) been appropriated in full at the beginning of each fiscal year for fiscal years 1994 through 2003. (2) If and to the extent that any portion of the sums described in sections 5(f)(1) and 5(f)(2) are appropriated and deposited in the Crow Tribal Trust Fund more than 60 days after the close of the preceding fiscal year or in lesser amounts than provided in those subsections, there shall be deposited in the Crow Tribal Trust Fund, subject to appropriations, in addition to the full contributions, adjustments representing the interest income, as determined by the Secretary in his sole discretion, that would have been earned on any unpaid amounts had the amounts authorized in sections 5(f)(1) and 5(f)(2) been appropriated and deposited in full in a timely manner. SEC. 7. CROW IRRIGATION PROJECT. At such time as the settlement contract between the Crow Tribe and the Secretary becomes effective, the authority of the Bureau of Reclamation to construct and operate the Hardin Bench, Little Horn, Custer Bench, Wyola, Benteen Flat, Battlefield and Crow Irrigation Projects on the Crow Indian Reservation as part of the Pick-Sloan Missouri River Basin Program is revoked; except that nothing in this Act shall affect the reserved water rights appurtenant to any lands within the Crow Indian Reservation. SEC. 8. ELIGIBILITY FOR OTHER SERVICES NOT AFFECTED. No payments pursuant to this Act shall result in the reduction or denial of any Federal services or programs to the Crow Tribe, the Northern Cheyenne Tribe or any of their members, to which they are entitled, or eligible because of their status as federally recognized Indian tribes or members of such tribes. No payments pursuant to this Act shall be subject to Federal or State income tax. SEC. 9. EXCHANGES OF LAND AND MINERALS. Subject to the Secretary's approval, the Crow Tribe is authorized to exchange any of the Crow Tribe's land or minerals within the disputed area recognized or obtained pursuant to paragraphs (1), (2), and (3) of section 5(b), or paragraph (1) of section 5(c) or any of the Crow Tribe's land obtained pursuant to paragraph (2) of section 5(c) for other land or minerals of substantially equivalent value within the Crow Indian Reservation. Lands or minerals received by the tribe in such exchange shall be considered to be vested in the United States in trust for the sole use and benefit of the Crow Tribe and a part of its reservation. Lands and minerals received by a non-Indian in such exchange shall be considered to be owned in fee. SEC. 10. EFFECTIVENESS CONTRACTS. The contracts entered into by the Crow Tribe and the Northern Cheyenne Tribe pursuant to this Act providing for the settlement of the 107th Meridian dispute and other issues pertaining to the Crow Indian Reservation shall not take effect until the contracts are approved and executed in accordance with the requirements and procedures set forth in each tribe's constitution. SEC. 11. APPROPRIATIONS AUTHORIZED. There are authorized to be appropriated such sums as may be required to implement the provisions of this Act. <all> S 1216 IS----2