II 

109TH CONGRESS 

1ST SESSION S. 1501 

To develop a program to acquire interests in land from eligible individuals 

within the Crow Reservation in the State of Montana, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 26, 2005 

Mr. BURNS introduced the following bill; which was read twice and referred 

to the Committee on Indian Affairs 

A BILL 

To develop a program to acquire interests in land from 

eligible individuals within the Crow Reservation in the 

State of Montana, and for other purposes. 

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 Tribe Land Res5 toration Act’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to authorize the Secretary 

8 of the Interior to— 
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1 (1) develop a program to acquire land and in2 terests in land from eligible individuals within the 

3 Crow Reservation in the State of Montana; 

4 (2) hold in trust the land, and interests in land, 

5 described in paragraph (1) for the benefit of the 

6 Crow Tribe of the State of Montana; 

7 (3) allow the Tribe to assume management of 

8 the land and interests in land; and 

9 (4) end the continuing fractionation of land on 

10 the Reservation. 

11 SEC. 3. DEFINITIONS. 

12 In this Act: 

13 (1) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible 

14 individual’’ means an individual that owns land, or 

15 an interest in land, within the Reservation. 

16 (2) RESERVATION.—The term ‘‘Reservation’’ 

17 means the Crow Reservation in the State of Mon18 tana. 

19 (3) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of the Interior. 

21 (4) TRIBE.—The term ‘‘Tribe’’ means the Crow 

22 Tribe of the State of Montana. 

23 SEC. 4. ACQUISITION OF LAND WITHIN RESERVATION. 

24 (a) PURCHASING PROGRAM.— 
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1 (1) ESTABLISHMENT.—As soon as practicable 

2 after the date of enactment of this Act, the Sec3 retary shall establish a program under which the 

4 Secretary shall provide funds to the Tribe to pur5 chase from eligible individuals land, and interests in 

6 land, within the Reservation. 

7 (2) REQUIREMENTS.— 

8 (A) VOLUNTARY SALE.—A sale of land to 

9 the Tribe under the purchasing program shall 

10 be voluntary. 

11 (B) REASONABLE PURCHASE PRICE.—To 

12 receive funds under the purchasing program, 

13 the Tribe shall offer to an eligible individual in 

14 consideration for land, or an interest in land, 

15 within the Reservation an amount equal to the 

16 reasonable purchase price of the land, or inter17 est in land, of the eligible individual, as deter18 mined in accordance with subsection (b). 

19 (3) NOTIFICATION TO ELIGIBLE INDIVID20 UALS.— 

21 (A) IN GENERAL.—As soon as practicable 

22 after the date on which the purchasing program 

23 is established, the Tribe shall provide to each 

24 eligible individual a notification with respect to 
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1 the program, including any guidelines issued by 

2 the Secretary relating to the program. 

3 (B) CONTACT WITH ELIGIBLE INDIVID4 UALS.—Notwithstanding any other provision of 

5 law, an eligible individual may be contacted di6 rectly with respect to the purchasing program 

7 by— 

8 (i) the Tribe, or a representative of 

9 the Tribe; or 

10 (ii) the Secretary, or a representative 

11 of the Secretary. 

12 (b) REASONABLE PURCHASE PRICE.— 

13 (1) GUIDELINES.—As soon as practicable after 

14 the date of enactment of this Act, the Secretary 

15 shall establish guidelines under which the reasonable 

16 purchase price of land, or an interest in land, of an 

17 eligible individual shall be determined. 

18 (2) CONSIDERATION.—In establishing guide19 lines under paragraph (1), the Secretary may take 

20 into consideration— 

21 (A) average annual earnings of land, and 

22 interests in land, of eligible individuals; and 

23 (B) any other factor the Secretary con24 siders to be appropriate. 

25 (c) ACCEPTANCE OF OFFER.— 
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1 (1) IN GENERAL.—On acceptance by an eligible 

2 individual of an offer of the Tribe under this sec3 tion— 

4 (A) subject to paragraph (2), the Tribe 

5 shall pay to the eligible individual the reason6 able purchase price of the land, or interest in 

7 land, of the eligible individual, as determined in 

8 accordance with subsection (b); and 

9 (B) title to the land, or interest in land, 

10 acquired from the eligible individual shall be 

11 conveyed to the United States, to be held in 

12 trust by the Secretary for the benefit of the 

13 Tribe. 

14 (2) ELIGIBLE INDIVIDUAL ACCOUNTS.— 

15 (A) IN GENERAL.—On the request of an 

16 eligible individual that accepts an offer of the 

17 Tribe under this section, the Tribe shall— 

18 (i)(I) establish in a local financial in19 stitution an account in the name of the eli20 gible individual; and 

21 (II) deposit the amount of the offer of 

22 the Tribe under this section into that ac23 count; or 

24 (ii) deposit the amount of the offer of 

25 the Tribe under this section into any ac-
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1 count in a financial institution designated 

2 by the eligible individual. 

3 (B) WITHDRAWAL AND TRANSFER.—An el4 igible individual may, without obtaining ap5 proval from, or providing a notification to, the 

6 Secretary— 

7 (i) withdraw any amount from an ac8 count described in subparagraph (A); or 

9 (ii) transfer any amount from an ac10 count described in subparagraph (A) into 

11 an account in a different financial institu12 tion. 

13 (C) FEES.—Any fee assessed by a finan14 cial institution on an account under this para15 graph shall be the responsibility of the eligible 

16 individual in the name of which the account is 

17 held. 

18 (D) TAXATION.—Amounts held in an ac19 count under this paragraph, including any in20 terest earned on such amounts, shall not be 

21 subject to taxation by the Federal Government, 

22 or any State or local government, if the account 

23 contains only— 

24 (i) amounts deposited into the account 

25 by the Tribe under subparagraph (A); and 
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1 (ii) interest earned on those amounts. 

2 (d) JUDICIAL REVIEW.—The terms and amount of 

3 any offer of the Tribe to purchase land, or an interest 

4 in land, of an eligible individual under this section shall 

5 not be subject to judicial review. 

6 SEC. 5. PURCHASING PROGRAM FUNDING. 

7 (a) OBLIGATIONS TO TREASURY.— 

8 (1) ISSUANCE.— 

9 (A) IN GENERAL.—To the extent approved 

10 in annual appropriations Acts and subject to 

11 approval by the Secretary of the Treasury, the 

12 Secretary may issue to the Secretary of the 

13 Treasury such obligations as the Secretary de14 termines to be necessary to fund the purchasing 

15 program established under section 4(a)(1). 

16 (B) REQUIREMENTS.—The obligations 

17 issued under subparagraph (A) shall be in such 

18 form and such denomination, and subject to 

19 any other such terms and conditions, as the 

20 Secretary of the Treasury determines to be ap21 propriate. 

22 (2) PURCHASE.—The Secretary of the Treasury 

23 shall purchase any obligation issued under para24 graph (1). 
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1 (3) INTEREST.—The obligations issued under 

2 paragraph (1) shall bear interest at a rate to be de3 termined by the Secretary of the Treasury, taking 

4 into consideration current market yields on out5 standing marketable obligations of the United States 

6 of comparable maturities. 

7 (4) LIMITATION.—On any date, the total 

8 amount of obligations issued under paragraph (1) 

9 shall not exceed $l,000,000. 

10 (b) REPAYMENT OF OBLIGATIONS.— 

11 (1) IN GENERAL.—The Secretary shall use the 

12 revenues from any land purchased by the Tribe 

13 under this Act to repay the Secretary of the Treas14 ury the amount of any obligation, including interest 

15 on such an obligation, issued under subsection (a). 

16 (2) REASONABLE ASSURANCE OF REPAY17 MENT.—The Secretary shall ensure, to the max18 imum extent practicable, that projected revenues de19 scribed in paragraph (1) provide reasonable assur20 ance of repayment of the amount of obligations 

21 issued under subsection (a). 

22 (c) AUTHORIZATION OF APPROPRIATIONS.—For each 

23 fiscal year beginning after the date of enactment of this 

24 Act, there are authorized to be appropriated to the Sec25 retary such sums as the Secretary determines to be nec-
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1 essary to repay to the Secretary of the Treasury the dif2 ference between— 

3 (1) the amount of obligations issued under sub4 section (a), including interest on such obligations, 

5 that was required to be repaid during the preceding 

6 fiscal year; and 

7 (2) the amount of obligations issued under sub8 section (a), including interest on such obligations, 

9 that was repaid during the preceding fiscal year. 

10 SEC. 6. DONATION OF LAND. 

11 (a) IN GENERAL.—Subject to subsection (b), the Sec12 retary may accept from any eligible individual a donation 

13 of land or an interest in land within the Reservation. 

14 (b) CONDITIONS.— 

15 (1) TITLE HELD IN TRUST.—The Secretary 

16 shall hold in trust for the benefit of the Tribe the 

17 title to any land or interest in land acquired by the 

18 Secretary under subsection (a). 

19 (2) DESIGNATION OF PLACE OF HONOR.—The 

20 Tribe shall designate on the Reservation a place of 

21 honor, as the Tribe determines to be appropriate, at 

22 which the name of any eligible individual that do23 nates land to the Secretary under subsection (a) 

24 shall be displayed in perpetuity, in recognition of the 

25 donation. 
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1 SEC. 7. LAND MANAGEMENT. 

2 (a) IN GENERAL.—Land, and interests in land, held 

3 in trust by the Secretary for the benefit of the Tribe under 

4 this Act shall be managed by the Tribe. 

5 (b) LIMITATION OF TRUST RESPONSIBILITY.—The 

6 trust responsibility of the Secretary with respect to land 

7 and interests in land described in subsection (a) shall be 

8 limited to— 

9 (1) ensuring that the land and interests in land 

10 are not subject to alienation; and 

11 (2) enabling the Tribe to exercise jurisdiction 

12 over the land and interests in land. 

13 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to carry out this section 

15 $5,000,000. 

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