Page 541 TITLE 25—INDIANS § 1776b

(3) 1891 survey

The term ‘‘1891 survey’’ means the survey of

the eastern boundary of the Crow Reservation

conducted by the United States Government

from 1889 through 1891.

(4) 1891 survey line

The term ‘‘1891 survey line’’ means the erroneous boundary line resulting from the survey

of the 107th meridian which was completed in

1891.

(5) Northern Cheyenne Tribe

The term ‘‘Northern Cheyenne Tribe’’ means

the Northern Cheyenne Tribe of Indians, with

the Northern Cheyenne Tribal Council as the

duly recognized governing body of the Northern Cheyenne Indian Reservation.

(6) 107th meridian boundary dispute

The term ‘‘107th meridian boundary dispute’’

means the dispute resulting from the disparity

between the location of the 107th meridian and

the location of the 1891 survey line.

(7) 107th meridian escrow fund

The term ‘‘107th meridian escrow fund’’

means the revenues that arise from, or are derived from, parcel number 2, including all accrued interest on such revenues, which are

held by the Bureau of Indian Affairs in an escrow account as of November 2, 1994.

(8) Parcel number 1

The term ‘‘parcel number 1’’ means the area,

encompassing approximately 11,317 acres,

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.

(9) Parcel number 2

The term ‘‘parcel number 2’’ means the area,

encompassing approximately 12,964 acres,

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.

(10) Parcel number 3

The term ‘‘parcel number 3’’ means the area,

encompassing approximately 2,469 acres,

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.

(11) Parcel number 4

The term ‘‘parcel number 4’’ means the area,

encompassing approximately 9,415 acres,

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.

(12) Public lands

The term ‘‘public lands’’ means any land or

interest in land owned by the United States

(without regard to the means by which the

United States acquired ownership of the land

or interest in land) and administered by the

Secretary through the Bureau of Land Management.

(13) Royalties received and retained by the

United States

The term ‘‘royalties received and retained

by the United States’’ means the royalties derived from minerals owned by the United

States that the United States retains after all

payments from the royalties have been made

to the State of Montana or any unit of local

government of the State of Montana.

(14) Secretary

The term ‘‘Secretary’’ means the Secretary

of the Interior.

(15) Settlement Agreement

The term ‘‘Settlement Agreement’’ means

the agreement between the Secretary, on behalf of the United States and the Crow Tribe,

that provides for the resolution of all claims

held by the Crow Tribe arising from the 107th

meridian boundary dispute.

(16) Undisposed of coal

The term ‘‘undisposed of coal’’ means coal

that has not been conveyed to private parties

or to the State of Montana by the United

States.

(17) Undisposed of surface lands

The term ‘‘undisposed of surface lands’’

means surface land that has not been conveyed

to private parties or to the State of Montana

by the United States.

(18) Undisposed of oil, gas, coal methane, or

other minerals

The term ‘‘undisposed of oil, gas, coal methane, or other minerals’’ means oil, gas, coal

methane, or other minerals (excluding coal)

that have not been conveyed to private parties

or to the State of Montana by the United

States.

(Pub. L. 103–444, §3, Nov. 2, 1994, 108 Stat. 4633.)

§ 1776b. Settlement Agreement

(a) Execution

Subject to the terms and conditions of this

subchapter, the Secretary shall enter into the

Settlement Agreement with the Crow Tribe.

(b) Ratification

Subject to the conditions set forth in section

1776g(a) of this title, the United States hereby

approves, ratifies, and confirms the Settlement

Agreement, to the extent that such Settlement

Agreement does not conflict with this subchapter.

(c) Modification

The terms and conditions of the Settlement

Agreement may be modified by mutual agreement of the Crow Tribe and the Secretary if

such modification—

(1) is not inconsistent with this subchapter;

and

(2) does not diminish or impair any right or

benefit secured to the Northern Cheyenne
§ 1776c TITLE 25—INDIANS Page 542

Tribe, the Northern Cheyenne allottees, or

their successors in interest by or pursuant to

any provision of this subchapter.

(d) Enforcement

(1) In general

Except as provided in paragraph (2), the Settlement Agreement shall be subject to the enforcement provisions under chapter 7 of title 5.

(2) Additional enforcement

If, with respect to the enforcement of the

Settlement Agreement, the remedies available

under the provisions referred to in paragraph

(1) do not provide adequate or complete relief,

the Settlement Agreement shall be subject to

the enforcement provisions under section 1505

of title 28.

(Pub. L. 103–444, §4, Nov. 2, 1994, 108 Stat. 4634.)

§ 1776c. Settlement terms and conditions and extinguishment of claims

(a) Property within parcel number 1

(1) In general

With respect to the property within parcel

number 1, the following provisions shall apply:

(A) The boundary of the Crow Indian Reservation shall be the 107th meridian.

(B) Title to the undisposed of coal of such

parcel shall be vested in the United States in

trust for the sole use and benefit of the Crow

Tribe and shall be recognized as part of the

Crow Indian Reservation.

(C) Title to the undisposed of surface lands

of such parcel shall be vested in the United

States in trust for the sole use and benefit of

the Crow Tribe and shall be recognized as

part of the Crow Indian Reservation.

(D) Title to the undisposed of oil, gas, coal

methane, or other minerals of such parcel

shall be vested in the United States in trust

for the sole use and benefit of the Crow

Tribe and shall be recognized as part of the

Crow Indian Reservation.

(2) Prohibition

Nothing in this subchapter or the Settlement Agreement may alter, diminish, disturb,

or cause to be divested any right, title, or interest of any person or entity in any land,

coal, oil, gas, coal methane, or mineral within

parcel number 1 that is based on the 1891 survey line, except for the specific rights that are

vested in the United States for the sole use

and benefit of the Crow Tribe pursuant to subparagraphs (B) through (D) of paragraph (1).

(3) Waivers and releases

The following waivers and releases shall be

included in the Settlement Agreement:

(A) A disclaimer and relinquishment by

the Crow Tribe of all right, title, claim, or

interest in all the land and minerals within

parcel number 1, except for the rights, titles,

and interests recognized as beneficially

owned by the Crow Tribe and as part of the

Crow Indian Reservation in subparagraphs

(B) through (D) of paragraph (1).

(B) A release by the Crow Tribe of all persons and entities, including the United

States, from any liability arising from, or

related to, the 1891 survey and the subsequent occupancy and use of parcel number 1.

(b) Property within parcel number 2

(1) In general

With respect to the property within parcel

number 2, the following provisions shall apply:

(A) The boundary between the Crow and

Northern Cheyenne Indian Reservations

shall be the 1891 survey line.

(B) All surface lands and minerals of such

parcel shall constitute part of the Northern

Cheyenne Reservation.

(C) All surface lands, including all rights

appurtenant to the surface lands, of such

parcel shall be vested in the United States in

trust for the sole use and benefit of the

Northern Cheyenne Tribe, except that surface lands that have been allotted shall be

recognized as held in trust for, or owned in

fee by (as the case may be), the Northern

Cheyenne allottees or their successors in interest.

(D) The oil, gas, coal, coal methane, and

other minerals, including all rights appurtenant to such minerals, of such parcel shall

be vested in the United States in trust for

the sole use and benefit of the Northern

Cheyenne Tribe.

(2) Waivers and releases

The following waivers and releases shall be

included in the Settlement Agreement:

(A) A disclaimer and relinquishment by

the Crow Tribe of all right, jurisdiction,

title, claim, or interest in the lands and

minerals within parcel number 2, including

all rights appurtenant to such land and minerals.

(B) A release by the Crow Tribe of all persons and entities, including the United

States, the Northern Cheyenne Tribe, the

Northern Cheyenne allottees and their successors in interest, from any liability arising

from, or related to, the 1891 survey and the

subsequent occupancy and use of parcel

number 2.

(3) Enforcement

The provisions of this subsection may be enforced, in law or in equity, by the Northern

Cheyenne Tribe, Northern Cheyenne allottees,

and their successors in interest, in accordance

with their respective interests.

(c) Property within parcel number 3 and parcel

number 4

(1) In general

With respect to the property within parcel

number 3 and parcel number 4, the boundary of

the Crow Indian Reservation shall be the 1891

survey line.

(2) Prohibition

Nothing in this subchapter or the Settlement Agreement may alter, diminish, disturb,

or cause to be divested any right, title, or interest of any person or entity in any land,

coal, or mineral within parcel number 3 or

parcel number 4 that is based on the 1891 survey line.

(3) Waivers and releases

The following waivers and releases shall be

included in the Settlement Agreement: