§ 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:
Page 543 TITLE 25—INDIANS § 1776c

(A) A disclaimer and relinquishment by

the Crow Tribe of all right, jurisdiction,

title, claim, or interest in the lands and

minerals situated within parcel number 3

and parcel number 4.

(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 3

and parcel number 4.

(d) Exchange of public lands

With respect to the land exchanges with the

State of Montana and private landowners made

under this subchapter the following provisions

shall apply:

(1) In general

(A) The Secretary shall negotiate with the

State of Montana for the purpose of exchanging public lands within the State of Montana

for State trust lands within the Crow Reservation having a total value substantially equal

to the value of the surface estate of the approximately 46,625 acres of State trust lands

obtained by the State of Montana pursuant to

the Act of February 22, 1889 (commonly known

as the ‘‘Montana Enabling Act’’; 25 Stat. 676,

chapter 180), and the Act entitled ‘‘An Act to

provide for the allotment of lands of the Crow

Tribe for the distribution of tribal funds and

for other purposes’’ approved June 4, 1920

(commonly known as the ‘‘Crow Allotment

Act’’; 41 Stat. 751, chapter 224) within the Crow

Indian Reservation and the disputed area.

(B) The exchange described in subparagraph

(A) shall be in accordance with the exchange

procedures set forth in section 1716 of title 43.

(C) In determining the fair market value of

the lands described in subparagraph (A), the

parties to the exchange shall give due consideration to the value of improvements on the

lands.

(D) The Secretary shall ensure that lands exchanged pursuant to this paragraph as part of

the settlement of the 107th Meridian boundary

dispute made pursuant to this subchapter

shall be selected in such manner that the financial impact on local governments, if any,

will be minimized.

(E) The Secretary shall provide such financial or other assistance to the State of Montana and to the Crow Tribe as may be necessary to obtain the appraisals, and to satisfy

administrative requirements, necessary to accomplish the exchanges made pursuant to subparagraph (A).

(F) Upon approving an exchange made pursuant to this paragraph, the Secretary shall—

(i) receive title to the State trust lands involved in the exchange on behalf of the

United States; and

(ii) transfer title to the public lands disposed of pursuant to the exchanges with the

State of Montana by such means of conveyance as the Secretary considers appropriate.

(G) Title to the State trust lands acquired

pursuant to the exchanges made with the

State of Montana 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 recognized as part of the Crow Indian Reservation.

(2) Requirement for exchanges

(A) In carrying out the exchanges with the

State of Montana pursuant to paragraph (1),

the Secretary shall, during a period of at least

5 years beginning on the date on which the

Settlement Agreement becomes effective, give

first priority to the exchange of public lands

within the State of Montana for State trust

lands owned by the State of Montana as of November 2, 1994.

(B) Subject to subparagraph (C), if, for any

reason, after the expiration of the period specified in subparagraph (A), the exchanges of the

State trust lands identified in paragraph (1)

have not provided the Crow Tribe with a total

of 46,625 acres of surface lands within the

boundaries of the existing Crow Indian Reservation (including parcel number 1), the Secretary shall, at the request of, and in cooperation with, the Crow Tribe, develop and implement a program to provide the Crow Tribe

with additional land within the Crow Indian

Reservation (including parcel number 1)

through land exchanges with private landowners.

(C) The total value of—

(i) the value of the lands exchanged and

acquired for the Crow Tribe pursuant to

paragraph (1), and

(ii) the value of the lands exchanged and

acquired for the Crow Tribe pursuant to this

paragraph,

shall not exceed the value of the surface estate

of the 46,625 acres of land identified in paragraph (1)(A).

(D) In carrying out a program developed pursuant to this paragraph, the Secretary may

exchange public lands within the State of

Montana for private lands of substantially

equal value within the boundaries of the existing Crow Indian Reservation in accordance

with section 1716 of title 43.

(E) In determining the fair market value of

the lands described in subparagraph (D), the

parties to an exchange made pursuant to subparagraph (D) shall give due consideration to

the value of improvements on the lands.

(F) If the Secretary obtains private lands

pursuant to subparagraph (D), the Secretary

shall transfer title to such lands to the Crow

Tribe.

(G) Title to any private or public lands

transferred to the Crow Tribe pursuant to this

paragraph shall—

(i) be vested in the United States in trust

for the sole use and benefit of the Crow

Tribe; and

(ii) be recognized as part of the Crow Indian Reservation, if such lands are located

within the boundaries of the Crow Indian

Reservation.

(H) The Crow Tribe shall assist in obtaining

prospective willing parties to exchange private

lands within the Crow Indian Reservation for

public lands within the State of Montana pursuant to this paragraph.
§ 1776d TITLE 25—INDIANS Page 544

(e) Crow Tribal Trust Fund

The Settlement Agreement shall include provisions governing the distribution of interest income to the Crow Tribe from the Crow Tribal

Trust Fund pursuant to the terms and conditions described in section 1776d of this title.

(Pub. L. 103–444, §5, Nov. 2, 1994, 108 Stat. 4635;

Pub. L. 104–109, §9(a), Feb. 12, 1996, 110 Stat. 765.)

REFERENCES IN TEXT

Act of February 22, 1889, referred to in subsec.

(d)(1)(A), is act Feb. 22, 1889, ch. 180, 25 Stat. 676, popularly known as the Montana Enabling Act. For complete classification of this Act to the Code, see Tables.

Act June 4, 1920, referred to in subsec. (d)(1)(A), is act

June 4, 1920, ch. 224, 41 Stat. 751, as amended, popularly

known as the Crow Allotment Act. For further details,

see Crow Indian Reservation note set out under section

331 of this title. For complete classification of this Act

to the Code, see Tables.

AMENDMENTS

1996—Subsec. (b)(3). Pub. L. 104–109 made technical

amendment to reference to ‘‘this subsection’’ to correct

underlying provisions of original act.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1776g of this

title.

§ 1776d. Establishment and administration of

Crow Tribal Trust Fund

(a) Establishment

(1) In general

There is established in the Treasury of the

United States a trust fund to be known as the

‘‘Crow Tribal Trust Fund’’.

(2) Availability of amounts in the Crow Tribal

Trust Fund

Amounts in the Crow Tribal Trust Fund

shall be available, without fiscal year limitation, to the Secretary for distribution to the

Crow Tribe in accordance with subsection (d)

of this section.

(b) Contributions

(1) In general

Subject to paragraph (2) and the requirements of section 1776h of this title—

(A) on or before November 30, 1994, the Secretary of the Treasury shall deposit into the

Crow Tribal Trust Fund an amount equal to

the amounts of royalties received and retained by the United States during fiscal

year 1994 from the East Decker, West Decker, and Spring Creek coal mines; and

(B) commencing with fiscal year 1995 and

for such period thereafter as may be necessary, the Secretary and the Secretary of

the Treasury shall make necessary and proper arrangements for the monthly payment,

transfer, or deposit (or any combination

thereof) into the Crow Tribal Trust Fund of

the royalties received and retained by the

United States for the immediately preceding

month from the East Decker, West Decker,

and Spring Creek coal mines in the State of

Montana for the life of such mines, including

any extensions of the existing leases for such

mines and any expansions of such mines to

nearby and adjacent federally owned coal deposits, as specified in the Settlement Agreement.

(2) Amount of royalties

The total amount of royalties described in

paragraph (1) that are paid, transferred, or deposited into the Crow Tribal Trust Fund shall

not exceed, in the aggregate, $85,000,000, excluding—

(A) any interest earned on moneys in the

Crow Tribal Trust Fund; and

(B) the funds transferred to the Suspension

Accounts pursuant to section 1776h of this

title.

(3) Payments of royalties received and retained

by the United States

Subject to paragraph (2) and the requirements of section 1776h of this title, the royalties received and retained by the United

States from the East Decker, West Decker,

and Spring Creek coal mines shall be paid,

transferred or deposited into the Crow Tribal

Trust Fund not later than 30 days after the

date on which the royalties are due and paid.

(4) Additional payments

The Federal Government shall make payments, in addition to the payments referred to

in paragraph (3), from the royalties received

and retained by the United States from other

coal mines within the State of Montana into

the Crow Tribal Trust Fund in an amount

equal to any lost interest income (as determined by the Secretary), if any portion of the

sums described in paragraph (3) are not paid,

transferred or deposited into the Crow Tribal

Trust Fund within the 30-day period prescribed

in paragraph (3).

(c) Investment

At the request of the Secretary, the Secretary

of the Treasury shall invest all sums deposited

into, accruing to, and remaining in, the Crow

Tribal Trust Fund in accordance with section

161a of this title.

(d) Distribution of interest

(1) In general

Only the interest received on funds in the

Crow Tribal Trust Fund shall be available for

distribution by the Secretary to the Crow

Tribe for use for education, land acquisition,

economic development, youth and elderly programs or other tribal purposes in accordance

with plans and budgets developed and approved by the Crow Tribe and approved by the

Secretary.

(2) Requirements for distribution of interest

Commencing with fiscal year 1996 and for

each fiscal year thereafter, without fiscal year

limitation, the interest received on monies in

the Crow Tribal Trust Fund shall be available

for distribution under this subsection only if—

(A) the United States and the Crow Tribe

enter into the Settlement Agreement; and

(B) the requirements of section 1776g of

this title relating to the approval and execution of the Settlement Agreement are satisfied.

(3) Prohibition

No portion of the Crow Tribal Trust Fund or

the interest earned on the Crow Tribal Trust