103D CONGRESS

2D SESSION H. R. 5200

AN ACT

To resolve the 107th meridian boundary dispute between

the Crow Indian Tribe and the United States.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Crow Boundary Settle5 ment Act of 1994’’.

6 SEC. 2. FINDINGS AND PURPOSE.

7 (a) FINDINGS.—Congress finds the following:
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1 (1) Under the treaty between the United States

2 of America and the Crow Tribe of Indians concluded

3 May 7, 1868 (commonly known as the ‘‘Fort Lara4 mie Treaty of 1868’’; 15 Stat. 649), the eastern

5 boundary of the Crow Indian Reservation was estab6 lished as the 107th meridian for approximately 90

7 miles from the Yellowstone River to the boundary

8 between Montana and Wyoming.

9 (2) Under Executive orders issued in 1884 and

10 1900, the western boundary of the Northern Chey11 enne Reservation was established as the 107th me12 ridian. The 107th meridian was intended to be the

13 common boundary between the Crow Reservation

14 and Northern Cheyenne Reservation for approxi15 mately 25 miles.

16 (3) From 1889 through 1891, a survey was

17 conducted of the eastern boundary of the Crow Res18 ervation. The 1891 survey line strayed to the west,

19 and resulted in the exclusion from the Crow Indian

20 Reservation of a strip of land of approximately

21 36,164 acres. Approximately 12,964 acres of such

22 strip of land were included in the Northern Chey23 enne Reservation. Deposits of low sulphur coal un24 derlie the land excluded from the Crow Indian Res-
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1 ervation, including the land included in the Northern

2 Cheyenne Indian Reservation.

3 (4)(A) The erroneous nature of the survey was

4 not discovered for several decades. Meanwhile, the

5 areas along the 107th meridian to the north and

6 south of the Northern Cheyenne Indian Reservation

7 were opened to settlement in the late nineteenth cen8 tury and early part of the twentieth century. Patents

9 were issued to non-Indian persons and to the State

10 of Montana for most of the surface land and a sig11 nificant portion of the minerals in these areas be12 tween the 107th meridian and the 1891 survey line.

13 (B) The 12,964 acres included in the Northern

14 Cheyenne Reservation have been treated as part of

15 the Northern Cheyenne Reservation and occupied by

16 the Northern Cheyenne Tribe and the Northern

17 Cheyenne allottees, and their successors in interest.

18 (5) Legislation to resolve the 107th meridian

19 boundary dispute was introduced in Congress in the

20 1960’s and 1970’s, and again in 1992, but no such

21 legislation was enacted into law.

22 (b) PURPOSE.—The purpose of this Act is to settle

23 the 107th meridian boundary dispute created by the erro24 neous survey of the eastern boundary of the Crow Indian
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1 Reservation made by the Federal Government described

2 in subsection (a)(3).

3 SEC. 3. DEFINITIONS.

4 As used in this Act:

5 (1) CROW TRIBE.—The term ‘‘Crow Tribe’’

6 means the Crow Tribe of Indians, the duly recog7 nized governing body of the Crow Indian Reserva8 tion.

9 (2) DISPUTED AREA.—The term ‘‘disputed

10 area’’ means the approximately 36,164 acres of

11 land, including the minerals, located between the

12 107th meridian on the east and the 1891 survey line

13 on the west from the Yellowstone River on the north

14 to the boundary between the State of Wyoming and

15 the State of Montana on the south.

16 (3) 1891 SURVEY.—The term ‘‘1891 survey’’

17 means the survey of the eastern boundary of the

18 Crow Reservation conducted by the United States

19 Government from 1889 through 1891.

20 (4) 1891 SURVEY LINE.—The term ‘‘1891 sur21 vey line’’ means the erroneous boundary line result22 ing from the survey of the 107th meridian which

23 was completed in 1891.

24 (5) NORTHERN CHEYENNE TRIBE.—The term

25 ‘‘Northern Cheyenne Tribe’’ means the Northern
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1 Cheyenne Tribe of Indians, with the Northern Chey2 enne Tribal Council as the duly recognized governing

3 body of the Northern Cheyenne Indian Reservation.

4 (6) 107TH MERIDIAN BOUNDARY DISPUTE.—

5 The term ‘‘107th meridian boundary dispute’’ means

6 the dispute resulting from the disparity between the

7 location of the 107th meridian and the location of

8 the 1891 survey line.

9 (7) 107TH MERIDIAN ESCROW FUND.—The

10 term ‘‘107th meridian escrow fund’’ means the reve11 nues that arise from, or are derived from, parcel

12 number 2, including all accrued interest on such rev13 enues, which are held by the Bureau of Indian Af14 fairs in an escrow account as of the date of enact15 ment of this Act.

16 (8) PARCEL NUMBER 1.—The term ‘‘parcel

17 number 1’’ means the area, encompassing approxi18 mately 11,317 acres, bounded on the south by the

19 Montana-Wyoming border, on the east by the 107th

20 meridian, on the north by the extension to the west

21 of the southern boundary of the Northern Cheyenne

22 Indian Reservation, and on the west by the 1891

23 survey line.

24 (9) PARCEL NUMBER 2.—The term ‘‘parcel

25 number 2’’ means the area, encompassing approxi-
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1 mately 12,964 acres, bounded on the south by the

2 extension to the west of the southern boundary of

3 the Northern Cheyenne Indian Reservation, on the

4 east by the 107th meridian, on the north by the ex5 tension to the west of the northern boundary of the

6 Northern Cheyenne Indian Reservation, and on the

7 west by the 1891 survey line.

8 (10) PARCEL NUMBER 3.—The term ‘‘parcel

9 number 3’’ means the area, encompassing approxi10 mately 2,469 acres, bounded on the south by the ex11 tension to the west of the northern boundary of the

12 Northern Cheyenne Indian Reservation, on the east

13 by the 107th meridian, on the north by the northern

14 boundary of the Crow Indian Reservation, and on

15 the west by the 1891 survey line.

16 (11) PARCEL NUMBER 4.—The term ‘‘parcel

17 number 4’’ means the area, encompassing approxi18 mately 9,415 acres, bounded on the south by the

19 northern boundary of the Crow Indian Reservation,

20 on the east by the 107th meridian, on the north by

21 the midpoint of the Yellowstone River, and on the

22 west by the 1891 survey line.

23 (12) PUBLIC LANDS.—The term ‘‘public lands’’

24 means any land or interest in land owned by the

25 United States (without regard to the means by
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1 which the United States acquired ownership of the

2 land or interest in land) and administered by the

3 Secretary through the Bureau of Land Management.

4 (13) ROYALTIES RECEIVED AND RETAINED BY

5 THE UNITED STATES.—The term ‘‘royalties received

6 and retained by the United States’’ means the royal7 ties derived from minerals owned by the United

8 States that the United States retains after all pay9 ments from the royalties have been made to the

10 State of Montana or any unit of local government of

11 the State of Montana.

12 (14) SECRETARY.—The term ‘‘Secretary’’

13 means the Secretary of the Interior.

14 (15) SETTLEMENT AGREEMENT.—The term

15 ‘‘Settlement Agreement’’ means the agreement be16 tween the Secretary, on behalf of the United States

17 and the Crow Tribe, that provides for the resolution

18 of all claims held by the Crow Tribe arising from the

19 107th meridian boundary dispute.

20 (16) UNDISPOSED OF COAL.—The term

21 ‘‘undisposed of coal’’ means coal that has not been

22 conveyed to private parties or to the State of Mon23 tana by the United States.

24 (17) UNDISPOSED OF SURFACE LANDS.—The

25 term ‘‘undisposed of surface lands’’ means surface
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1 land that has not been conveyed to private parties

2 or to the State of Montana by the United States.

3 (18) UNDISPOSED OF OIL, GAS, COAL METH4 ANE, OR OTHER MINERALS.—The term ‘‘undisposed

5 of oil, gas, coal methane, or other minerals’’ means

6 oil, gas, coal methane, or other minerals (excluding

7 coal) that have not been conveyed to private parties

8 or to the State of Montana by the United States.

9 SEC. 4. SETTLEMENT AGREEMENT.

10 (a) EXECUTION OF THE SETTLEMENT AGREE11 MENT.—Subject to the terms and conditions of this Act,

12 the Secretary shall enter into the Settlement Agreement

13 with the Crow Tribe.

14 (b) RATIFICATION OF THE SETTLEMENT AGREE15 MENT.—Subject to the conditions set forth in section 9(a),

16 the United States hereby approves, ratifies, and confirms

17 the Settlement Agreement, to the extent that such Settle18 ment Agreement does not conflict with this Act.

19 (c) MODIFICATION OF THE SETTLEMENT AGREE20 MENT.—The terms and conditions of the Settlement

21 Agreement may be modified by mutual agreement of the

22 Crow Tribe and the Secretary if such modification—

23 (1) is not inconsistent with this Act; and

24 (2) does not diminish or impair any right or

25 benefit secured to the Northern Cheyenne Tribe, the
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1 Northern Cheyenne allottees, or their successors in

2 interest by or pursuant to any provision of this Act.

3 (d) ENFORCEMENT OF THE SETTLEMENT AGREE4 MENT.—

5 (1) IN GENERAL.—Except as provided in para6 graph (2), the Settlement Agreement shall be sub7 ject to the enforcement provisions under chapter 7

8 of title 5, United States Code.

9 (2) ADDITIONAL ENFORCEMENT.—If, with re10 spect to the enforcement of the Settlement Agree11 ment, the remedies available under the provisions re12 ferred to in paragraph (1) do not provide adequate

13 or complete relief, the Settlement Agreement shall

14 be subject to the enforcement provisions under sec15 tion 1505 of title 28, United States Code.

16 SEC. 5. SETTLEMENT TERMS AND CONDITIONS AND EXTIN17 GUISHMENT OF CLAIMS.

18 (a) PROPERTY WITHIN PARCEL NUMBER 1.—

19 (1) IN GENERAL.—With respect to the property

20 within parcel number 1, the following provisions

21 shall apply:

22 (A) The boundary of the Crow Indian Res23 ervation shall be the 107th meridian.

24 (B) Title to the undisposed of coal of such

25 parcel shall be vested in the United States in
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1 trust for the sole use and benefit of the Crow

2 Tribe and shall be recognized as part of the

3 Crow Indian Reservation.

4 (C) Title to the undisposed of surface

5 lands of such parcel shall be vested in the Unit6 ed States in trust for the sole use and benefit

7 of the Crow Tribe and shall be recognized as

8 part of the Crow Indian Reservation.

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

10 methane, or other minerals of such parcel shall

11 be vested in the United States in trust for the

12 sole use and benefit of the Crow Tribe and shall

13 be recognized as part of the Crow Indian Res14 ervation.

15 (2) PROHIBITION.—Nothing in this Act or the

16 Settlement Agreement may alter, diminish, disturb,

17 or cause to be divested any right, title, or interest

18 of any person or entity in any land, coal, oil, gas,

19 coal methane, or mineral within parcel number 1

20 that is based on the 1891 survey line, except for the

21 specific rights that are vested in the United States

22 for the sole use and benefit of the Crow Tribe pursu23 ant to subparagraphs (B) through (D) of paragraph

24 (1).
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1 (3) WAIVERS AND RELEASES.—The following

2 waivers and releases shall be included in the Settle3 ment Agreement:

4 (A) A disclaimer and relinquishment by the

5 Crow Tribe of all right, title, claim, or interest

6 in all the land and minerals within parcel num7 ber 1, except for the rights, titles, and interests

8 recognized as beneficially owned by the Crow

9 Tribe and as part of the Crow Indian Reserva10 tion in subparagraphs (B) through (D) of para11 graph (1).

12 (B) A release by the Crow Tribe of all per13 sons and entities, including the United States,

14 from any liability arising from, or related to,

15 the 1891 survey and the subsequent occupancy

16 and use of parcel number 1.

17 (b) PROPERTY WITHIN PARCEL NUMBER 2.—

18 (1) IN GENERAL.—With respect to the property

19 within parcel number 2, the following provisions

20 shall apply:

21 (A) The boundary between the Crow and

22 Northern Cheyenne Indian Reservations shall

23 be the 1891 survey line.
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1 (B) All surface lands and minerals of such

2 parcel shall constitute part of the Northern

3 Cheyenne Reservation.

4 (C) All surface lands, including all rights

5 appurtenant to the surface lands, of such parcel

6 shall be vested in the United States in trust for

7 the sole use and benefit of the Northern Chey8 enne Tribe, except that surface lands that have

9 been allotted shall be recognized as held in

10 trust for, or owned in fee by (as the case may

11 be), the Northern Cheyenne allottees or their

12 successors in interest.

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

14 other minerals, including all rights appurtenant

15 to such minerals, of such parcel shall be vested

16 in the United States in trust for the sole use

17 and benefit of the Northern Cheyenne Tribe.

18 (2) WAIVERS AND RELEASES.—The following

19 waivers and releases shall be included in the Settle20 ment Agreement:

21 (A) A disclaimer and relinquishment by the

22 Crow Tribe of all right, jurisdiction, title, claim,

23 or interest in the lands and minerals within

24 parcel number 2, including all rights appur25 tenant to such land and minerals.
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1 (B) A release by the Crow Tribe of all per2 sons and entities, including the United States,

3 the Northern Cheyenne Tribe, the Northern

4 Cheyenne allottees and their successors in inter5 est, from any liability arising from, or related

6 to, the 1891 survey and the subsequent occu7 pancy and use of parcel number 2.

8 (3) ENFORCEMENT.—The provisions of sub9 section (b) may be enforced, in law or in equity, by

10 the Northern Cheyenne Tribe, Northern Cheyenne

11 allottees, and their successors in interest, in accord12 ance with their respective interests.

13 (c) PROPERTY WITHIN PARCEL NUMBER 3 AND PAR14 CEL NUMBER 4.—

15 (1) IN GENERAL.—With respect to the property

16 within parcel number 3 and parcel number 4, the

17 boundary of the Crow Indian Reservation shall be

18 the 1891 survey line.

19 (2) PROHIBITION.—Nothing in this Act or the

20 Settlement Agreement may alter, diminish, disturb,

21 or cause to be divested any right, title, or interest

22 of any person or entity in any land, coal, or mineral

23 within parcel number 3 or parcel number 4 that is

24 based on the 1891 survey line.
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1 (3) WAIVERS AND RELEASES.—The following

2 waivers and releases shall be included in the Settle3 ment Agreement:

4 (A) A disclaimer and relinquishment by the

5 Crow Tribe of all right, jurisdiction, title, claim,

6 or interest in the lands and minerals situated

7 within parcel number 3 and parcel number 4.

8 (B) A release by the Crow Tribe of all per9 sons and entities, including the United States,

10 from any liability arising from, or related to,

11 the 1891 survey and the subsequent occupancy

12 and use of parcel number 3 and parcel number

13 4.

14 (d) EXCHANGE OF PUBLIC LANDS.—With respect to

15 the land exchanges with the State of Montana and private

16 landowners made under this Act the following provisions

17 shall apply:

18 (1) IN GENERAL.—(A) The Secretary shall ne19 gotiate with the State of Montana for the purpose

20 of exchanging public lands within the State of Mon21 tana for State trust lands within the Crow Reserva22 tion having a total value substantially equal to the

23 value of the surface estate of the approximately

24 46,625 acres of State trust lands obtained by the

25 State of Montana pursuant to the Act of February
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1 22, 1889 (commonly known as the ‘‘Montana Ena2 bling Act’’; 25 Stat. 676, chapter 180), and the Act

3 entitled ‘‘An Act to provide for the allotment of

4 lands of the Crow Tribe for the distribution of tribal

5 funds and for other purposes’’ approved June 4,

6 1920 (commonly known as the ‘‘Crow Allotment

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

8 Indian Reservation and the disputed area.

9 (B) The exchange described in subparagraph

10 (A) shall be in accordance with the exchange proce11 dures set forth in section 206 of the Federal Land

12 Policy and Management Act of 1976 (43 U.S.C.

13 1716).

14 (C) In determining the fair market value of the

15 lands described in subparagraph (A), the parties to

16 the exchange shall give due consideration to the

17 value of improvements on the lands.

18 (D) The Secretary shall ensure that lands ex19 changed pursuant to this paragraph as part of the

20 settlement of the 107th Meridian boundary dispute

21 made pursuant to this Act shall be selected in such

22 manner that the financial impact on local govern23 ments, if any, will be minimized.

24 (E) The Secretary shall provide such financial

25 or other assistance to the State of Montana and to
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1 the Crow Tribe as may be necessary to obtain the

2 appraisals, and to satisfy administrative require3 ments, necessary to accomplish the exchanges made

4 pursuant to subparagraph (A).

5 (F) Upon approving an exchange made pursu6 ant to this paragraph, the Secretary shall—

7 (i) receive title to the State trust lands in8 volved in the exchange on behalf of the United

9 States; and

10 (ii) transfer title to the public lands dis11 posed of pursuant to the exchanges with the

12 State of Montana by such means of conveyance

13 as the Secretary considers appropriate.

14 (G) Title to the State trust lands acquired pur15 suant to the exchanges made with the State of Mon16 tana pursuant to this paragraph shall be vested in

17 the United States in trust for the sole use and bene18 fit of the Crow Tribe and shall be recognized as part

19 of the Crow Indian Reservation.

20 (2) REQUIREMENT FOR EXCHANGES.—(A) In

21 carrying out the exchanges with the State of Mon22 tana pursuant to paragraph (1), the Secretary shall,

23 during a period of at least 5 years beginning on the

24 date on which the Settlement Agreement becomes ef25 fective, give first priority to the exchange of public
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1 lands within the State of Montana for State trust

2 lands owned by the State of Montana as of the date

3 of the enactment of this Act.

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

5 reason, after the expiration of the period specified in

6 subparagraph (A), the exchanges of the State trust

7 lands identified in paragraph (1) have not provided

8 the Crow Tribe with a total of 46,625 acres of sur9 face lands within the boundaries of the existing

10 Crow Indian Reservation (including parcel number

11 1), the Secretary shall, at the request of, and in co12 operation with, the Crow Tribe, develop and imple13 ment a program to provide the Crow Tribe with ad14 ditional land within the Crow Indian Reservation

15 (including parcel number 1) through land exchanges

16 with private landowners.

17 (C) The total value of—

18 (i) the value of the lands exchanged and

19 acquired for the Crow Tribe pursuant to para20 graph (1), and

21 (ii) the value of the lands exchanged and

22 acquired for the Crow Tribe pursuant to this

23 paragraph,
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1 shall not exceed the value of the surface estate of

2 the 46,625 acres of land identified in paragraph

3 (1)(A).

4 (D) In carrying out a program developed pursu5 ant to this paragraph, the Secretary may exchange

6 public lands within the State of Montana for private

7 lands of substantially equal value within the bound8 aries of the existing Crow Indian Reservation in ac9 cordance with section 206 of the Federal Land Pol10 icy Management Act of 1976 (43 U.S.C. 1716).

11 (E) In determining the fair market value of the

12 lands described in subparagraph (D), the parties to

13 an exchange made pursuant to subparagraph (D)

14 shall give due consideration to the value of improve15 ments on the lands.

16 (F) If the Secretary obtains private lands pur17 suant to subparagraph (D), the Secretary shall

18 transfer title to such lands to the Crow Tribe.

19 (G) Title to any private or public lands trans20 ferred to the Crow Tribe pursuant to this paragraph

21 shall—

22 (i) be vested in the United States in trust

23 for the sole use and benefit of the Crow Tribe;

24 and
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1 (ii) be recognized as part of the Crow In2 dian Reservation, if such lands are located with3 in the boundaries of the Crow Indian Reserva4 tion.

5 (H) The Crow Tribe shall assist in obtaining

6 prospective willing parties to exchange private lands

7 within the Crow Indian Reservation for public lands

8 within the State of Montana pursuant to this para9 graph.

10 (e) CROW TRIBAL TRUST FUND.—The Settlement

11 Agreement shall include provisions governing the distribu12 tion of interest income to the Crow Tribe from the Crow

13 Tribal Trust Fund pursuant to the terms and conditions

14 described in section 6.

15 SEC. 6. ESTABLISHMENT AND ADMINISTRATION OF CROW

16 TRIBAL TRUST FUND.

17 (a) ESTABLISHMENT OF CROW TRIBAL TRUST

18 FUND.—

19 (1) IN GENERAL.—There is established in the

20 Treasury of the United States a trust fund to be

21 known as the ‘‘Crow Tribal Trust Fund’’.

22 (2) AVAILABILITY OF AMOUNTS IN THE CROW

23 TRIBAL TRUST FUND.—Amounts in the Crow Tribal

24 Trust Fund shall be available, without fiscal year
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1 limitation, to the Secretary for distribution to the

2 Crow Tribe in accordance with subsection (d).

3 (b) CONTRIBUTIONS TO CROW TRIBAL TRUST

4 FUND.—

5 (1) IN GENERAL.—Subject to paragraph (2)

6 and the requirements of section 10—

7 (A) on or before November 30, 1994, the

8 Secretary of the Treasury shall deposit into the

9 Crow Tribal Trust Fund an amount equal to

10 the amounts of royalties received and retained

11 by the United States during fiscal year 1994

12 from the East Decker, West Decker, and

13 Spring Creek coal mines; and

14 (B) commencing with fiscal year 1995 and

15 for such period thereafter as may be necessary,

16 the Secretary and the Secretary of the Treasury

17 shall make necessary and proper arrangements

18 for the monthly payment, transfer, or deposit

19 (or any combination thereof) into the Crow

20 Tribal Trust Fund of the royalties received and

21 retained by the United States for the imme22 diately preceding month from the East Decker,

23 West Decker, and Spring Creek coal mines in

24 the State of Montana for the life of such mines,

25 including any extensions of the existing leases
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1 for such mines and any expansions of such

2 mines to nearby and adjacent federally owned

3 coal deposits, as specified in the Settlement

4 Agreement.

5 (2) AMOUNT OF ROYALTIES.—The total amount

6 of royalties described in paragraph (1) that are paid,

7 transferred, or deposited into the Crow Tribal Trust

8 Fund shall not exceed, in the aggregate,

9 $85,000,000, excluding—

10 (A) any interest earned on moneys in the

11 Crow Tribal Trust Fund; and

12 (B) the funds transferred to the Suspen13 sion Accounts pursuant to section 10.

14 (3) PAYMENTS OF ROYALTIES RECEIVED AND

15 RETAINED BY THE UNITED STATES.—Subject to

16 paragraph (2) and the requirements of section 10,

17 the royalties received and retained by the United

18 States from the East Decker, West Decker, and

19 Spring Creek coal mines shall be paid, transferred or

20 deposited into the Crow Tribal Trust Fund not later

21 than 30 days after the date on which the royalties

22 are due and paid.

23 (4) ADDITIONAL PAYMENTS.—The Federal

24 Government shall make payments, in addition to the

25 payments referred to in paragraph (3), from the roy-
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1 alties received and retained by the United States

2 from other coal mines within the State of Montana

3 into the Crow Tribal Trust Fund in an amount

4 equal to any lost interest income (as determined by

5 the Secretary), if any portion of the sums described

6 in paragraph (3) are not paid, transferred or depos7 ited into the Crow Tribal Trust Fund within the 30-

8 day period prescribed in paragraph (3).

9 (c) INVESTMENT.—At the request of the Secretary,

10 the Secretary of the Treasury shall invest all sums depos11 ited into, accruing to, and remaining in, the Crow Tribal

12 Trust Fund in accordance with the Act of February 12,

13 1929 (45 Stat. 1164, chapter 178; 25 U.S.C. 161a).

14 (d) DISTRIBUTION OF INTEREST.—

15 (1) IN GENERAL.—Only the interest received on

16 funds in the Crow Tribal Trust Fund shall be avail17 able for distribution by the Secretary to the Crow

18 Tribe for use for education, land acquisition, eco19 nomic development, youth and elderly programs or

20 other tribal purposes in accordance with plans and

21 budgets developed and approved by the Crow Tribe

22 and approved by the Secretary.

23 (2) REQUIREMENTS FOR DISTRIBUTION OF IN24 TEREST.—Commencing with fiscal year 1996 and

25 for each fiscal year thereafter, without fiscal year
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1 limitation, the interest received on monies in the

2 Crow Tribal Trust Fund shall be available for dis3 tribution under this subsection only if—

4 (A) the United States and the Crow Tribe

5 enter into the Settlement Agreement; and

6 (B) the requirements of section 9 relating

7 to the approval and execution of the Settlement

8 Agreement are satisfied.

9 (3) PROHIBITION.—No portion of the Crow

10 Tribal Trust Fund or the interest earned on the

11 Crow Tribal Trust Fund may be distributed to mem12 bers of the Crow Tribe on a per capita basis.

13 (e) USE OF INTEREST FOR ECONOMIC DEVELOP14 MENT.—Notwithstanding any other provision of law, the

15 Crow Tribe may, subject to approval by the Secretary, as16 sign the right of the Crow Tribe to the interest earned

17 on monies in the Crow Tribal Trust Fund to a third party

18 in connection with loans made for economic development

19 projects on or near the Crow Indian Reservation.

20 (f) LIMITATION.—Notwithstanding any other provi21 sion of law, no portion of the principal of the Crow Tribal

22 Trust Fund shall be available for withdrawal or disburse23 ment or used for any purpose other than the purposes

24 specified in this section and section 10.
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1 SEC. 7. ELIGIBILITY FOR OTHER FEDERAL SERVICES; TAX

2 EXEMPTION.

3 No payments made or benefits conferred pursuant to

4 this Act shall result in the reduction or denial of any Fed5 eral services or programs to any tribe or to any member

6 of a tribe to which the tribe or member of the tribe is

7 entitled or eligible because of the status of the tribe as

8 a federally recognized Indian tribe or the status of a mem9 ber of such tribe as a member.

10 SEC. 8. EXCHANGES OF LAND OR MINERALS.

11 (a) IN GENERAL.—(1) Subject to approval by the

12 Secretary, the Crow Tribe may exchange any land or min13 erals to which its title is recognized in or obtained pursu14 ant to this Act for other land or minerals of substantially

15 equivalent value within the Crow Indian Reservation (in16 cluding parcel number 1).

17 (2) Lands or minerals received by the Crow Tribe in

18 any exchange made pursuant to paragraph (1) shall be—

19 (A) vested in the United States in trust for the

20 sole use and benefit of the Crow Tribe; and

21 (B) recognized as part of the Crow Indian Res22 ervation.

23 (b) OWNERSHIP BY NON-INDIANS.—Any land or

24 minerals received by a person who is not an Indian in an

25 exchange referred to in subsection (a) shall be owned in

26 fee.
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1 SEC. 9. APPLICABILITY.

2 (a) IN GENERAL.—The Act shall take effect upon the

3 occurrence of the following conditions:

4 (1) The Settlement Agreement is approved and

5 executed by the Secretary.

6 (2) The Settlement Agreement is approved and

7 executed by the Crow Tribe.

8 (3) The Settlement Agreement and the releases

9 and waivers required by section 5 are approved and

10 duly executed by the Crow Tribe in accordance with

11 the requirements and procedures set forth in the

12 constitution of the Crow Tribe.

13 (4) The Settlement Agreement becomes effec14 tive in accordance with the terms and conditions

15 specified in the Settlement Agreement.

16 (b) APPROVAL OF RELEASES AND WAIVERS.—The

17 United States hereby approves and confirms the releases

18 and waivers required by section 5.

19 SEC. 10. ESCROW FUNDS.

20 (a) IN GENERAL.—As soon as practicable after the

21 date of enactment of this Act, the Secretary shall make

22 distributions from the 107th meridian escrow fund as fol23 lows:

24 (1) One-half of the fund shall be distributed to

25 the Crow Tribe.
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1 (2) One-half of the fund shall be distributed to

2 the Northern Cheyenne Tribe.

3 (3) The receipt and acceptance by a tribe of

4 funds distributed under this section shall be deemed

5 to be—

6 (A) a disclaimer, relinquishment and waiv7 er by such tribe of all right, claim or interest

8 in the 107th meridian escrow fund; and

9 (B) a release by such tribe of all persons

10 and entities, including the United States, from

11 any liability arising from, or related to, the es12 tablishment and administration of the 107th

13 meridian escrow fund.

14 (b) ESTABLISHMENT OF SUSPENSION ACCOUNTS.—

15 As soon as practicable after the Settlement Agreement is

16 executed and approved pursuant to this Act, the Secretary

17 of the Treasury shall establish in the Treasury of the

18 United States two interest bearing accounts to be known

19 respectively as the ‘‘Crow Tribal Suspension Account’’ and

20 the ‘‘Northern Cheyenne Tribal Suspension Account’’ (col21 lectively referred to in this subsection as the ‘‘Suspension

22 Accounts’’), consisting of—

23 (1) such amounts as are transferred to the Sus24 pension Accounts under subsection (c); and
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1 (2) any interest earned on investments of

2 amounts in the Suspension Accounts under sub3 section (e).

4 (c) CONTRIBUTIONS TO THE SUSPENSION AC5 COUNTS.—

6 (1) IN GENERAL.—Beginning with fiscal year

7 1995, and ending on the date on which the total

8 amount deposited pursuant to this subsection into

9 the Suspension Accounts is equal to $200,000 for

10 each such account (as specified in subsection (d)),

11 the Secretary and the Secretary of the Treasury

12 shall make necessary and proper arrangements for

13 the monthly payment, transfer, or deposit (or any

14 combination thereof) into each of the Suspension Ac15 counts of an amount equal to one-half of the royal16 ties received and retained by the United States for

17 the immediately preceding month, as determined in

18 accordance with section 6(b)(1), by the date speci19 fied under section 6(b)(3).

20 (2) SUBSEQUENT DEPOSITS.—At such time as

21 the amount deposited pursuant to this subsection

22 into the Suspension Accounts is equal to $200,000

23 for each such account (as specified in subsection

24 (d)), in accordance with section 6(b)(1), the Sec25 retary and the Secretary of the Treasury shall there-
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1 after deposit any remaining amounts determined

2 under section 6(b)(1) in the Crow Tribal Trust

3 Fund established under section 6(a).

4 (d) LIMITATION.—The Secretary and the Secretary

5 of the Treasury shall not transfer more than a total

6 amount equal to $200,000 to each of the Suspension Ac7 counts from the amounts determined under section

8 6(b)(1).

9 (e) INVESTMENT.—All sums deposited in, accruing to

10 and remaining in the Suspension Accounts shall be in11 vested by the Secretary and the Secretary of the Treasury

12 in interest bearing deposits and securities in accordance

13 with the Act of June 24, 1938 (52 Stat. 1037, chapter

14 648; 25 U.S.C. 162a).

15 (f) WITHDRAWALS AND TERMINATION.—

16 (1) IN GENERAL.—(A) Beginning on the date

17 that is 5 years after the date of enactment of this

18 Act, the Crow Tribe and the Northern Cheyenne

19 Tribe may each submit a duly authorized request to

20 the Secretary for the withdrawal of all of the funds

21 from the Suspension Account of the tribe established

22 under subsection (b).

23 (B) Not later than 60 days after receiving a re24 quest for the distribution of funds from a Suspen-
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1 sion Account made by a tribe under subparagraph

2 (A)—

3 (i) the Secretary shall, in cooperation with

4 the Secretary of the Treasury, withdraw and

5 distribute such funds in accordance with such

6 request; and

7 (ii) the Secretary of the Treasury shall ter8 minate the Suspension Account.

9 (2) OTHER MEANS OF TERMINATION.—With re10 spect to a Suspension Account established under

11 subsection (b) that is not terminated pursuant to

12 paragraph (1), at such time as the corpus and the

13 accrued interest of the Suspension Account of the

14 Crow Tribe or the Northern Cheyenne Tribe is ap15 proximately equal to the amount specified in para16 graph (1) or (2) of subsection (a), the Secretary of

17 the Treasury shall terminate the Suspension Ac18 count and the Secretary of the Interior shall distrib19 ute the funds from the Suspension Account to the

20 tribe.

21 SEC. 11. FORT LARAMIE TREATY OF 1868.

22 Except for the adjustment to the eastern boundary

23 of the Crow Indian Reservation, nothing in this Act or

24 in the Settlement Agreement shall affect or modify the

25 terms and conditions of the treaty between the United
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1 States of America and the Crow Tribe of Indians con2 cluded May 7, 1868 (commonly known as the ‘‘Fort Lara3 mie Treaty of 1868’’; 15 Stat. 649).

4 SEC. 12. SATISFACTION OF CLAIMS.

5 The benefits available to the Crow Tribe under the

6 terms and conditions of this Act and the Settlement

7 Agreement shall constitute full and complete satisfaction

8 of all claims by the Crow Tribe and the members of the

9 Crow Tribe arising from or related to the erroneous survey

10 of the 107th meridian described in section 2(a)(3).

11 SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

12 There are authorized to be appropriated to the De13 partment of the Interior such sums as are necessary to

14 carry out this Act.

Passed the House of Representatives October 7 (legislative day, October 6), 1994.

Attest:

Clerk.
103D CONGRESS

2D SESSION H. R. 5200

AN ACT

To resolve the 107th meridian boundary dispute beStates. tween the Crow Indian Tribe and the United