[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2256 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2256
To direct the Secretary of the Interior to take certain land and
mineral rights on the reservation of the Northern Cheyenne Tribe of
Montana and other culturally important land into trust for the benefit
of the Northern Cheyenne Tribe, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 11, 2014
Mr. Walsh (for himself and Mr. Tester) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To direct the Secretary of the Interior to take certain land and
mineral rights on the reservation of the Northern Cheyenne Tribe of
Montana and other culturally important land into trust for the benefit
of the Northern Cheyenne Tribe, 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 that--
(1) the Northern Cheyenne Tribe has depended on the land of
the Tribe and the land-based resources of the Tribe to support
its way of life since time immemorial;
(2) the Tribe has made supreme and historic sacrifices to
repossess and maintain the homeland of the Tribe, including the
Reservation of the Tribe in the State of Montana;
(3) the Tribe suffers from tremendous social and economic
challenges, including a lack of employment opportunities on the
Reservation, which can be improved by strengthening the control
of the Tribe over the land base, natural resources, and trust
funds of the Tribe;
(4) the Tribe and the members of the Tribe are the
beneficial owners of more than 95 percent of the surface land
of the 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 the Reservation that the Tribe does
not own as a result of an error made by the United States when
the Reservation was expanded in 1900;
(6) in 2002, the Tribe agreed by settlement to dismiss a
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 the subsurface rights described in paragraph (5)
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 land, the
Tribe has purchased approximately 932 acres of land within the
Reservation that were, for various reasons, taken out of trust
ownership status;
(8) the Tribe has purchased approximately 635 acres of land
near Bear Butte, South Dakota, which the Tribe considers sacred
ground for the members of the Tribe, as well as for members of
other Indian tribes;
(9) the Tribe seeks to have the land and subsurface within
the Reservation and the Bear Butte land described in this
section taken into trust by the United States for the benefit
of the Tribe;
(10) the Tribe seeks clarification, consistent with the
1999 settlement with the United States, that the principal of
the funds arising from the Northern Cheyenne Indian Reserved
Water Rights Settlement Act of 1992 (Public Law 102-374; 106
Stat. 1186; 108 Stat. 707), the earnings from which are paid to
the Tribe and managed as the ``Northern Cheyenne Trust Fund''
by the Office of Special Trustee, may be transferred to the
Northern Cheyenne Tribe Permanent Fund, which has historically
provided strong returns to the Tribe in direct support of
tribal self-determination and to offset limited Federal funding
of important tribal governmental services; and
(11) if the conveyances of land and funds authorized under
this Act are carried out, the Tribe has agreed to waive all
legal claims against the United States arising out of the
longstanding loss of the subsurface rights and the management
of the Northern Cheyenne Trust Fund by the United States.
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, and delegates of the
Secretary, 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 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 LAND TO BE TAKEN INTO TRUST.
Not later than 60 days after the date of enactment of this Act, the
Secretary shall take the approximately 1,567 acres of land depicted on
the map entitled ``Northern Cheyenne Lands Act - Fee-to-Trust Lands''
and dated March 26, 2014, into trust for the benefit of the Tribe.
SEC. 5. MINERAL RIGHTS TO BE TAKEN INTO TRUST.
(a) Completion of Mineral Conveyances.--
(1) In general.--Not later than 60 days after the date on
which the Secretary receives the notification described in
subsection (c), in a single transaction--
(A) 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 Reservation
generally depicted as ``Great Northern Properties'' on
the map entitled ``Northern Cheyenne Land Act - Coal
Tracts'' and dated February 27, 2014; and
(B) subject to paragraph (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 Federal Tracts'' and
dated February 27, 2014.
(2) Requirement.--The Secretary shall ensure that the deed
for the conveyance authorized by paragraph (1)(B) shall include
a covenant running with the land that--
(A) precludes the coal conveyed from being mined by
any method other than underground mining techniques--
(i) until any surface owner (as defined in
section 714(e) of Public Law 95-87 (30 U.S.C.
1304(e))) for a specific tract has provided to
Great Northern Properties written consent to
enter the specific tract and commence surface
mining; and
(ii) except as determined to be acceptable
for further consideration for leasing in the
document of the Bureau of Land Management
entitled ``Billings Resource Area Final EIS and
Resource Management Plan'' and dated September
1984; and
(B) shall not create any property interest in the
United States or any surface owner (as defined in
section 714(e) of Public Law 95-87 (30 U.S.C.
1304(e))).
(b) Treatment of Land Transferred to Tribe.--
(1) In general.--At the request of the Tribe, the Secretary
shall take into trust for the benefit of the Tribe the mineral
interests conveyed to the Tribe under subsection (a)(1)(A).
(2) No state taxation.--The mineral interests conveyed to
the Tribe under subsection (a)(1)(A) shall not be subject to
taxation by the State (including any political subdivision of
the State).
(c) Revenue Sharing Agreement.--The Tribe shall notify the
Secretary, in writing, that--
(1) consistent with a settlement agreement entered into
between the Tribe and the State in 2002, the Tribe and Great
Northern Properties have agreed on a formula for sharing
revenue from development of the mineral interests described in
subsection (a)(1)(B) if those mineral interests are developed;
(2) the revenue sharing agreement remains in effect as of
the date of enactment of this Act; and
(3) Great Northern Properties has offered to convey the
mineral interests described in subsection (a)(1)(A) to the
Tribe.
(d) Waiver of Legal Claims.--As a condition of the conveyances of
mineral interests under subsection (a)(1)--
(1) the Tribe shall waive any and all claims relating to
the failure of the United States to acquire and take into trust
on behalf of the Tribe the mineral interests described in
subsection (a)(1)(A), as directed by Congress in 1900; and
(2) Great Northern Properties shall waive any and all
claims against the United States relating to the value of the
coal mineral interests described in subsection (a)(1)(B).
(e) Rescission of Mineral Conveyances.--If any portion of the
mineral interests conveyed under subsection (a)(1) is invalidated by
final judgment of a court of the United States--
(1) not later than 1 year after the date on which the final
judgment is rendered, the Secretary or Great Northern
Properties may agree to rescind the conveyances under
subsection (a)(1); and
(2) if the conveyances are rescinded under paragraph (1),
the waivers under subsection (d) shall no longer apply.
SEC. 6. TRANSFER OF NORTHERN CHEYENNE TRUST FUND TO TRIBE.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, all amounts in the Fund shall be deposited in the
Permanent Fund.
(b) Use of Amounts.--Of the amounts transferred to the Permanent
Fund under subsection (a)--
(1) the portion that is attributable to the principal of
the Fund shall be maintained in perpetuity; and
(2) any interest earned on the amounts described in
paragraph (1) shall be used in the same manner as interest
earned on amounts in the Permanent Fund may be used.
(c) Waiver of Legal Claims.--As a condition of the transfer under
subsection (a), the Tribe shall waive any and all claims arising from
the management of the Fund by the United States.
SEC. 7. ELIGIBILITY FOR OTHER FEDERAL BENEFITS.
The transfer under section 6 shall not result in the reduction or
denial of any Federal service, benefit, or program 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.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as are necessary.
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