II

103D CONGRESS

2D SESSION S. 1216

[Report No. 103–371]

To resolve the 107th meridian boundary dispute between the Crow Indian

Tribe, the Northern Cheyenne Indian Tribe and the United States and

various other issues pertaining to the Crow Indian Reservation.

IN THE SENATE OF THE UNITED STATES

JULY 13 (legislative day, JUNE 30), 1993

Mr. BAUCUS (for himself and Mr. BURNS) introduced the following bill; which

was read twice and referred to the Committee on Indian Affairs

JULY 14 (legislative day, JUNE 30), 1993

Ordered that, if and when reported by the Committee on Indian Affairs, that

the bill then be referred to the Committee on Energy and Natural Resources

SEPTEMBER 21 (legislative day, SEPTEMBER 12), 1994

Reported by Mr. INOUYE, with an amendment and an amendment to the title

[Strike out all after the enacting clause and insert the part printed in italic]

SEPTEMBER 21 (legislative day, SEPTEMBER 12), 1994

Referred to the Committee on Energy and Natural Resources pursuant to the

order of July 14, 1993

A BILL

To resolve the 107th meridian boundary dispute between

the Crow Indian Tribe, the Northern Cheyenne Indian

Tribe and the United States and various other issues

pertaining to the Crow Indian Reservation.
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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 Settlement Act’’.

5 SEC. 2. FINDINGS AND PURPOSE.

6 (a) PURPOSE.—The purpose of this Act is to settle

7 the dispute created by the Federal Government’s erro8 neous survey of the eastern boundary of the Crow Indian

9 Reservation and to resolve various other issues pertaining

10 to the Crow Indian Reservation.

11 (b) FINDINGS.—

12 (1) Under the Fort Laramie Treaty of 1868,

13 (15 Stat. 649), the eastern boundary of the Crow

14 Indian Reservation was established as the 107th Me15 ridian for approximately 90 miles from the Yellow16 stone River to the boundary between Montana and

17 Wyoming.

18 (2) Under 1884 and 1900 Executive orders, the

19 western boundary of the Northern Cheyenne Res20 ervation was established as the 107th Meridian. The

21 107th Meridian is the common boundary between

22 the Crow and Northern Cheyenne Reservations for

23 approximately 25 miles.

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

25 conducted of the eastern boundary of the Crow Res-
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1 ervation. Instead of following the true 107th Merid2 ian, the 1891 survey line strayed to the west. As a

3 result of the erroneous survey, approximately 36,164

4 acres were excluded from the Crow Indian Reserva5 tion of which approximately 12,964 acres were in6 cluded in the Northern Cheyenne Indian Reserva7 tion. Vast deposits of low sulphur coal underlie the

8 land excluded from the Crow Indian Reservation in9 cluding the land included in the Northern Cheyenne

10 Indian Reservation.

11 (4) The erroneous nature of the survey was not

12 discovered for several decades. Meanwhile, the areas

13 along the 107th Meridian to the north and south of

14 the Northern Cheyenne Indian Reservation were

15 opened to settlement in the late 1800’s and early

16 1900’s. Patents were issued to non-Indians and to

17 the State of Montana for most of the surface land

18 and a significant portion of the minerals in these

19 areas between the 107th Meridian and the erroneous

20 1891 survey line. The 12,964 acres erroneously in21 cluded in the Northern Cheyenne Reservation have

22 been treated as part of the Northern Cheyenne Res23 ervation and occupied by the Northern Cheyenne

24 Tribe, Northern Cheyenne allottees and their succes25 sors in interest.
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1 (5) Following the discovery of the erroneous

2 1891 survey line in the 1950’s, bills to resolve the

3 107th Meridian boundary dispute were introduced in

4 Congress in the 1960’s and 1970’s, but no bill was

5 enacted into law.

6 (6) In 1966, the United States completed con7 struction of Yellowtail Dam on the Crow Indian Res8 ervation as part of the Pick-Sloan Missouri Basin

9 Program. The Pick-Sloan Missouri Basin Program

10 also included the Hardin Bench Irrigation Unit and

11 other irrigation projects on the Crow Indian Res12 ervation which have not yet been constructed.

13 (7) The operation of the Yellowtail Afterbay

14 Dam by the Bureau of Reclamation has resulted in

15 a significant water quality problem on the Big Horn

16 River within the Crow Indian Reservation. Construc17 tion of a power plant and related facilities at the

18 existing Yellowtail Afterbay Dam will solve that

19 problem.

20 SEC. 3. DEFINITIONS.

21 For purposes of this Act:

22 (1) The term ‘‘Crow Tribe’’ means the Crow

23 Tribe of Indians, the duly recognized governing body

24 of the Crow Indian Reservation.
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1 (2) The term ‘‘disputed area’’ means the land,

2 approximately 36,165 acres, including the minerals,

3 located between the 107th Meridian and the 1891

4 survey line.

5 (3) The term ‘‘1891 survey line’’ means the er6 roneous boundary line resulting from the survey of

7 the 107th Meridian which was completed in 1891.

8 (4) The term ‘‘Northern Cheyenne Tribe’’

9 means the Northern Cheyenne Tribe of Indians, the

10 duly recognized governing body of the Northern

11 Cheyenne Indian Reservation.

12 (5) The term ‘‘107th Meridian boundary dis13 pute’’ means the dispute resulting from the disparity

14 between the locations of the 107th Meridian and the

15 1891 survey line.

16 (6) The term ‘‘parcel No. 1’’ means the land,

17 approximately 11,317 acres, including all minerals,

18 within the area bounded on the south by the Mon19 tana/Wyoming border, on the east by the 107th Me20 ridian, on the north by the extension to the west of

21 the southern boundary of the Northern Cheyenne

22 Indian Reservation and on the west by the 1891 sur23 vey line.

24 (7) The term ‘‘parcel No. 2’’ means the land,

25 approximately 12,964 acres, including all minerals,
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1 within the area bounded on the south by the exten2 sion to the west of the southern boundary of the

3 Northern Cheyenne Indian Reservation, on the east

4 by the 107th Meridian, on the north by the exten5 sion 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 (8) The term ‘‘parcel No. 3’’ means the land,

9 approximately 2,469 acres, including all minerals,

10 within the area bounded on the south by the exten11 sion 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 the

15 west by the 1891 survey line.

16 (9) The term ‘‘parcel No. 4’’ means the land,

17 approximately 9,415 acres, including all minerals,

18 within the area bounded on the south by the north19 ern boundary of the Crow Indian Reservation, on

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

21 midpoint of the Yellowstone River and on the west

22 by the 1891 survey line.

23 (10) The word ‘‘Secretary’’ means the Sec24 retary of the Interior.
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1 (11) The term ‘‘undisposed of coal’’ means coal

2 which has not been conveyed to private parties or to

3 the State of Montana by the United States.

4 (12) The term ‘‘undisposed of land’’ means sur5 face land which has not been conveyed to private

6 parties or to the State of Montana by the United

7 States.

8 (13) The term ‘‘undisposed of oil, gas, coal

9 methane or other minerals’’ means oil, gas, coal

10 methane or other minerals except coal, which have

11 not been conveyed to private parties or to the State

12 of Montana by the United States.

13 SEC. 4. AUTHORITY TO SETTLE.

14 (a) CONTRACT WITH CROW TRIBE.—Subject to the

15 terms and conditions of this Act, the Secretary shall enter

16 into a contract with the Crow Tribe providing for the set17 tlement of the 107th Meridian boundary dispute and other

18 issues pertaining to the Crow Indian Reservation.

19 (b) CONTRACT WITH NORTHERN CHEYENNE

20 TRIBE.—Subject to the terms and conditions of this Act,

21 the Secretary shall enter into a contract with the Northern

22 Cheyenne Tribe to resolve the issues with respect to the

23 property within parcel No. 2.

24 (c) ENFORCEMENT OF CONTRACTS.—The contracts

25 authorized in subsections (a) and (b) shall be enforceable
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1 pursuant to subchapter II of chapter 5 of title 5, United

2 States Code, or, where the remedies available under that

3 Act do not provide adequate or complete relief, pursuant

4 to section 1505 of title 28, United States Code.

5 SEC. 5. TERMS AND CONDITIONS OF SETTLEMENT CON6 TRACTS.

7 (a) CROW/NORTHERN CHEYENNE SETTLEMENT.—

8 The contracts with the Crow and Northern Cheyenne

9 Tribes referred to in section 4 shall include the following

10 terms and conditions with respect to the property within

11 parcel No. 2:

12 (1) The surface boundary between the Crow

13 and Northern Cheyenne Indian Reservations shall be

14 the 1891 survey line and the ownership of the sur15 face lands within parcel No. 2 shall be recognized as

16 being vested in the United States in trust for the

17 sole use and benefit of the Northern Cheyenne

18 Tribe, Northern Cheyenne allottees or their succes19 sors in interest or other persons whose claims,

20 rights, or interests are based on the 1891 survey

21 line.

22 (2) With respect to the coal and other minerals

23 within parcel No. 2 except for oil, gas, and coal

24 methane, the boundary between the Crow and

25 Northern Cheyenne Indian Reservations shall be the
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1 1891 survey line and the ownership of such minerals

2 shall be vested in the United States in trust for the

3 sole use and benefit of the Northern Cheyenne

4 Tribe.

5 (3) With respect to oil, gas, and coal methane

6 within parcel No. 2, the boundary between the Crow

7 and Northern Cheyenne Indian Reservations shall be

8 the 107th Meridian and the ownership of such oil,

9 gas and coal methane shall be vested in the United

10 States in trust for the sole use and benefit of the

11 Crow Tribe.

12 (4) The funds held in escrow by the Bureau of

13 Indian Affairs derived from the lands and minerals

14 within parcel No. 2, together with all of the interest

15 earned on such funds, shall be divided equally be16 tween the Crow and Northern Cheyenne Tribes and

17 may be used by each tribe for such purposes as it

18 may determine.

19 (5) A disclaimer and relinquishment by the

20 Crow Tribe of all right, title, claim or interest in the

21 land and minerals within parcel No. 2 described in

22 paragraphs (1) and (2), and to one-half of the funds

23 described in paragraph (4), and a disclaimer and re24 linquishment by the Northern Cheyenne Tribe of all

25 right, title, claim or interest in the minerals within
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1 parcel No. 2 described in paragraph (3), and to one2 half of the funds described in paragraph (4).

3 (6) A release by the Northern Cheyenne Tribe

4 of all persons and entities, including the United

5 States and the Crow Tribe, for any and all liability

6 arising out of the erroneous survey of the 107th Me7 ridian, and a release by the Crow Tribe of all per8 sons and entities, including the United States and

9 the Northern Cheyenne Tribe, for any and all liabil10 ity arising from the erroneous survey of the 107th

11 Meridian.

12 (b) PROPERTY WITHIN PARCEL NOS. 1, 3 AND 4.—

13 The contract with the Crow Tribe referred to in section

14 4 shall include the following terms and conditions with re15 spect to the property within parcel Nos. 1, 3 and 4:

16 (1) Title to the undisposed of coal within parcel

17 No. 1 shall be vested in the United States in trust

18 for the sole use and benefit of the Crow Tribe and

19 such coal shall be recognized as part of the Crow In20 dian Reservation.

21 (2) Title to the undisposed of surface lands

22 within parcel Nos. 1, 3 and 4 shall be vested in the

23 United States in trust for the sole use and benefit

24 of the Crow Tribe and such land shall be recognized

25 as part of the Crow Indian Reservation. Notwith-
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1 standing the preceding provisions of this paragraph,

2 the State of Montana shall retain the same civil and

3 criminal authority over such lands in Parcel No. 4

4 that it currently has over lands restored to the Tribe

5 under the Act of May 19, 1958, (72 Stat. 121).

6 (3) Title to the undisposed of oil, gas, coal

7 methane or other minerals within parcel Nos. 1, 3

8 and 4 shall be vested in the United States in trust

9 for the sole use and benefit of the Crow Tribe and

10 such minerals shall be recognized as part of the

11 Crow Indian Reservation.

12 (4) A disclaimer and relinquishment by the

13 Crow Tribe of all right, title, claim or interest in all

14 the lands and minerals within parcel Nos. 1, 3 and

15 4, except for the rights, titles and interests recog16 nized as beneficially owned by the Crow Tribe in

17 paragraphs (1), (2) and (3).

18 (5) A release by the Crow Tribe of all persons

19 and entities, including the United States, for any

20 and all liability arising from the erroneous survey of

21 the 107th Meridian.

22 (c) EXCHANGE OF PUBLIC LANDS.—As part of the

23 settlement of the 107th Meridian boundary dispute with

24 the Crow Tribe, the contract with the Crow Tribe referred
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1 to in section 4 shall include the following land exchange

2 provisions:

3 (1) The Secretary shall negotiate with the State

4 of Montana for the purpose of exchanging public

5 lands within the State of Montana for up to approxi6 mately 46,625 acres of State trust lands within the

7 Crow Indian Reservation and the disputed area. The

8 value of the public lands and State trust lands ex9 changed pursuant to this provision shall be substan10 tially equal. The value of improvements on such

11 lands shall be given due consideration. Lands ex12 changed shall be selected so that the financial im13 pact on local governments, if any, will be minimized.

14 The Secretary shall provide such financial and other

15 assistance to the State of Montana as may be nec16 essary to obtain the appraisals and other adminis17 trative requirements necessary to accomplish this ex18 change. Upon the approval by the Secretary and the

19 State of Montana of an exchange pursuant to this

20 paragraph, the Secretary is authorized to receive

21 title to such State trust lands involved in the ex22 change on behalf of the United States and to trans23 fer title to the public lands involved in the exchange

24 to the State of Montana by such means of convey25 ance as the Secretary deems appropriate. State trust
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1 lands acquired pursuant to the exchange shall be

2 vested in the United States in trust for the sole use

3 and benefit of the Crow Tribe and shall be deemed

4 part of the Crow Indian Reservation.

5 (2) If, for any reason, the exchange for all or

6 any portion of the State trust lands described in

7 paragraph (1) is not completed within 5 years from

8 the date of enactment of this Act, at the request of

9 and in cooperation with the Crow Tribe, the Sec10 retary shall develop and implement a program to

11 provide the Crow Tribe with land in an amount suf12 ficient to make up the difference between the value

13 of all the State trust lands within the Crow Indian

14 Reservation and the disputed area and the value of

15 any State trust lands exchanged and acquired pursu16 ant to paragraph (1). In carrying out this program,

17 the Secretary is authorized to transfer title to public

18 lands within the State of Montana to the Crow Tribe

19 and to exchange public lands within the State of

20 Montana for private lands of substantially equal

21 value within the Crow Indian Reservation. The value

22 of improvements on all such lands shall be given due

23 consideration. Title to the public lands transferred

24 pursuant to this paragraph, other than by exchange,

25 and to the private lands acquired pursuant to this
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1 paragraph shall be vested in the United States in

2 trust for the sole use and benefit of the Crow Tribe

3 and shall be deemed part of the Crow Indian Res4 ervation. Notwithstanding the preceding provisions

5 of this paragraph, the State of Montana shall retain

6 civil and criminal authority over the surface only of

7 any such lands in the event that any such lands are

8 not contiguous to the existing Crow Reservation,

9 which authority shall not be exclusive.

10 (d) YELLOWTAIL AFTERBAY POWER PLANT.—As

11 part of the settlement of the 107th Meridian boundary dis12 pute with the Crow Tribe and to bring the Federal Gov13 ernment’s operation of Yellowtail Afterbay Dam into com14 pliance with applicable water quality standards, the Sec15 retary, subject to the availability of funds, shall construct

16 and operate a power plant and bypass at the Yellowtail

17 Afterbay Dam. The cost of constructing such power plant

18 and bypass shall be nonreimbursable. The Secretary, in

19 consultation and cooperation with the Secretary of Energy

20 and the Crow Tribe, is authorized to sell or to make ar21 rangements for the sale or marketing of the power gen22 erated at the Yellowtail Afterbay Dam to produce maxi23 mum revenues. Revenues from the sale of power generated

24 at that power plant shall first be used to defray the costs

25 incurred in the operation, maintenance and repair of the
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1 plant. The contract with the Crow Tribe referred to in

2 section 4 of this Act shall provide that the remainder of

3 the revenues from the sale of such power shall be trans4 ferred to the Crow Tribe and used for such purposes as

5 the Crow Tribe may determine, subject to the Secretary’s

6 approval. Notwithstanding the preceding sentence, the

7 Crow Tribe, may, in its discretion, elect to utilize any por8 tion of the power generated at the Yellowtail Afterbay

9 Dam in lieu of receiving the revenues produced by the sale

10 of that power.

11 (e) CROW TRIBAL TRUST FUND.—

12 (1) There is established in the Treasury of the

13 United States a revolving account to be known as

14 the ‘‘Crow Tribal Trust Account’’.

15 (2) Amounts in the Crow Tribal Trust Account

16 shall be available, without fiscal year limitations, to

17 the Secretary for distribution to the Crow Tribe in

18 accordance with section 6(b), and other provisions of

19 this Act.

20 (3) The Crow Tribal Trust Account shall con21 sist of such amounts as are appropriated to it in ac22 cordance with the authorizations provided by this

23 Act.

24 (4) As part of the settlement of the 107th

25 Meridian boundary dispute and other issues pertain-
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1 ing to the Crow Indian Reservation, in the contract

2 with the Crow Tribe referred to in section 4 of this

3 Act, the Secretary, on behalf of the United States,

4 shall pay, from moneys appropriated pursuant to

5 this Act, into the Crow Tribal Trust Account

6 $10,000,000 for fiscal year 1994, and each of the

7 next following 9 fiscal years.

8 (f) ADDITIONAL CONTRIBUTIONS TO CROW TRIBAL

9 TRUST FUND.—In addition to the amounts authorized to

10 be appropriated in subsection (e)(4), as part of the settle11 ment of the 107th Meridian boundary dispute and other

12 issues pertaining to the Crow Indian Reservation, in the

13 contract with the Crow Tribe referred to in section 4 of

14 this Act, the Secretary, on behalf of the United States,

15 subject to the availability of moneys appropriated pursu16 ant to this Act, shall pay the following amounts into the

17 Crow Tribal Trust Account:

18 (1) Commencing with fiscal year 1994 and each

19 fiscal year thereafter, an amount which shall be

20 nonreimbursable and nonreturnable and equal to the

21 amounts of royalties received and retained by the

22 United States during the previous fiscal year from

23 the East Decker, West Decker and Spring Creek

24 coal mines in the State of Montana for the life of

25 those mines, including any extensions of the existing
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1 leases or expansions to adjacent or nearby coal de2 posits owned by the Federal Government.

3 (2) Commencing with fiscal year 1994, and

4 each fiscal year thereafter, an amount, which shall

5 be nonreimbursable and nonreturnable, equal to the

6 receipts from all deposits to the United States

7 Treasury for the preceding fiscal year from the sale

8 of power generated at Yellowtail Dam.

9 SEC. 6. ADMINISTRATION OF CROW TRIBAL TRUST FUND.

10 (a) INVESTMENT.—All sums deposited in, accruing to

11 and remaining in the Crow Tribal Trust Account, shall

12 be invested by the Secretary of the Treasury in interest13 bearing deposits and securities in accordance with the Act

14 of June 24, 1938 (52 Stat. 1037, 25 U.S.C. 162a).

15 (b) DISTRIBUTION OF INTEREST.—Only the interest

16 received on moneys in the Crow Tribal Trust Account

17 shall be available for distribution to the Crow Tribe, and

18 then only for use for education, land acquisition, economic

19 development, youth and elderly programs and other tribal

20 purposes in accordance with plans and budgets developed

21 by the Crow Tribe and approved by the Secretary; except

22 that, subject to the Secretary’s approval, up to 25 percent

23 of the moneys in the Crow Tribal Trust Account at any

24 time may be pledged by the Crow Tribe as security for

25 commercial loans for economic development projects on or
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1 near the Crow Indian Reservation. No part of any moneys

2 in the Crow Tribal Trust Account or of the interest earned

3 on moneys in the Crow Tribal Account shall be distributed

4 to members of the Crow Tribe on a per capita basis.

5 (c) INTEREST ADJUSTMENTS.—(1) If and to the ex6 tent that any portion of the sums described in section

7 5(e)(4) are appropriated after fiscal year 1994 and the

8 following 9 fiscal years or in lesser amounts than provided

9 in section 5(e)(4), there shall be deposited in the Crow

10 Tribal Trust Fund, subject to appropriations, in addition

11 to the full contributions, adjustments representing the in12 terest income, as determined by the Secretary in his sole

13 discretion, that would have been earned on any unpaid

14 amounts had the amounts authorized in section 5(e)(4)

15 been appropriated in full at the beginning of each fiscal

16 year for fiscal years 1994 through 2003.

17 (2) If and to the extent that any portion of the sums

18 described in sections 5(f)(1) and 5(f)(2) are appropriated

19 and deposited in the Crow Tribal Trust Fund more than

20 60 days after the close of the preceding fiscal year or in

21 lesser amounts than provided in those subsections, there

22 shall be deposited in the Crow Tribal Trust Fund, subject

23 to appropriations, in addition to the full contributions, ad24 justments representing the interest income, as determined

25 by the Secretary in his sole discretion, that would have
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1 been earned on any unpaid amounts had the amounts au2 thorized in sections 5(f)(1) and 5(f)(2) been appropriated

3 and deposited in full in a timely manner.

4 SEC. 7. CROW IRRIGATION PROJECT.

5 At such time as the settlement contract between the

6 Crow Tribe and the Secretary becomes effective, the au7 thority of the Bureau of Reclamation to construct and op8 erate the Hardin Bench, Little Horn, Custer Bench,

9 Wyola, Benteen Flat, Battlefield and Crow Irrigation

10 Projects on the Crow Indian Reservation as part of the

11 Pick-Sloan Missouri River Basin Program is revoked; ex12 cept that nothing in this Act shall affect the reserved

13 water rights appurtenant to any lands within the Crow

14 Indian Reservation.

15 SEC. 8. ELIGIBILITY FOR OTHER SERVICES NOT AFFECTED.

16 No payments pursuant to this Act shall result in the

17 reduction or denial of any Federal services or programs

18 to the Crow Tribe, the Northern Cheyenne Tribe or any

19 of their members, to which they are entitled, or eligible

20 because of their status as federally recognized Indian

21 tribes or members of such tribes. No payments pursuant

22 to this Act shall be subject to Federal or State income

23 tax.
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1 SEC. 9. EXCHANGES OF LAND AND MINERALS.

2 Subject to the Secretary’s approval, the Crow Tribe

3 is authorized to exchange any of the Crow Tribe’s land

4 or minerals within the disputed area recognized or ob5 tained pursuant to paragraphs (1), (2), and (3) of section

6 5(b), or paragraph (1) of section 5(c) or any of the Crow

7 Tribe’s land obtained pursuant to paragraph (2) of section

8 5(c) for other land or minerals of substantially equivalent

9 value within the Crow Indian Reservation. Lands or min10 erals received by the tribe in such exchange shall be con11 sidered to be vested in the United States in trust for the

12 sole use and benefit of the Crow Tribe and a part of its

13 reservation. Lands and minerals received by a non-Indian

14 in such exchange shall be considered to be owned in fee.

15 SEC. 10. EFFECTIVENESS CONTRACTS.

16 The contracts entered into by the Crow Tribe and

17 the Northern Cheyenne Tribe pursuant to this Act provid18 ing for the settlement of the 107th Meridian dispute and

19 other issues pertaining to the Crow Indian Reservation

20 shall not take effect until the contracts are approved and

21 executed in accordance with the requirements and proce22 dures set forth in each tribe’s constitution.

23 SEC. 11. APPROPRIATIONS AUTHORIZED.

24 There are authorized to be appropriated such sums

25 as may be required to implement the provisions of this

26 Act.
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Crow Boundary Settle3 ment Act of 1994’’.

4 SEC. 2. FINDINGS AND PURPOSE.

5 (a) FINDINGS.—Congress finds the following:

6 (1) Under the treaty between the United States

7 of America and the Crow Tribe of Indians concluded

8 May 7, 1868 (commonly known as the ‘‘Fort Laramie

9 Treaty of 1868’’; 15 Stat. 649), the eastern boundary

10 of the Crow Indian Reservation was established as the

11 107th meridian for approximately 90 miles from the

12 Yellowstone River to the boundary between Montana

13 and Wyoming.

14 (2) Under Executive orders issued in 1884 and

15 1900, the western boundary of the Northern Cheyenne

16 Reservation was established as the 107th meridian.

17 The 107th meridian was intended to be the common

18 boundary between the Crow Reservation and Northern

19 Cheyenne Reservation for approximately 25 miles.

20 (3) From 1889 through 1891, a survey was con21 ducted of the eastern boundary of the Crow Reserva22 tion. The 1891 survey line strayed to the west, and

23 resulted in the exclusion from the Crow Indian Res24 ervation of a strip of land of approximately 36,164

25 acres. Approximately 12,964 acres of such strip of

26 land were included in the Northern Cheyenne Res-
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1 ervation. Deposits of low sulphur coal underlie the

2 land excluded from the Crow Indian Reservation, in3 cluding the land included in the Northern Cheyenne

4 Indian Reservation.

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

6 not discovered for several decades. Meanwhile, the

7 areas along the 107th meridian to the north and

8 south of the Northern Cheyenne Indian Reservation

9 were opened to settlement in the late nineteenth cen10 tury and early part of the twentieth century. Patents

11 were issued to non-Indian persons and to the State of

12 Montana for most of the surface land and a signifi13 cant portion of the minerals in these areas between

14 the 107th meridian and the 1891 survey line.

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

16 Cheyenne Reservation have been treated as part of the

17 Northern Cheyenne Reservation and occupied by the

18 Northern Cheyenne Tribe and the Northern Cheyenne

19 allottees, and their successors in interest.

20 (5) Legislation to resolve the 107th meridian

21 boundary dispute was introduced in Congress in the

22 1960’s and 1970’s, and again in 1992, but no such

23 legislation was enacted into law.

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

25 107th meridian boundary dispute created by the erroneous
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1 survey of the eastern boundary of the Crow Indian Reserva2 tion made by the Federal Government described in sub3 section (a)(3).

4 SEC. 3. DEFINITIONS.

5 As used in this Act:

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

7 means the Crow Tribe of Indians, the duly recognized

8 governing body of the Crow Indian Reservation.

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

10 means the approximately 36,164 acres of land, in11 cluding the minerals, located between the 107th me12 ridian on the east and the 1891 survey line on the

13 west from the Yellowstone River on the north to the

14 boundary between the State of Wyoming and the

15 State of Montana on the south.

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

17 means the survey of the eastern boundary of the Crow

18 Reservation conducted by the United States Govern19 ment from 1889 through 1891.

20 (4) 1891 SURVEY LINE.—The term ‘‘1891 survey

21 line’’ means the erroneous boundary line resulting

22 from the survey of the 107th meridian which was

23 completed in 1891.

24 (5) NORTHERN CHEYENNE TRIBE.—The term

25 ‘‘Northern Cheyenne Tribe’’ means the Northern Chey-
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1 enne Tribe of Indians, with the Northern Cheyenne

2 Tribal Council as the duly recognized governing body

3 of the Northern Cheyenne Indian Reservation.

4 (6) 107TH MERIDIAN BOUNDARY DISPUTE.—The

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

6 dispute resulting from the disparity between the loca7 tion of the 107th meridian and the location of the

8 1891 survey line.

9 (7) 107TH MERIDIAN ESCROW FUND.—The term

10 ‘‘107th meridian escrow fund’’ means the revenues

11 that arise from, or are derived from, parcel number

12 2, including all accrued interest on such revenues,

13 which are held by the Bureau of Indian Affairs in an

14 escrow account as of the date of enactment of this Act.

15 (8) PARCEL NUMBER 1.—The term ‘‘parcel num16 ber 1’’ means the area, encompassing approximately

17 11,317 acres, bounded on the south by the Montana18 Wyoming border, on the east by the 107th meridian,

19 on the north by the extension to the west of the south20 ern boundary of the Northern Cheyenne Indian Res21 ervation, and on the west by the 1891 survey line.

22 (9) PARCEL NUMBER 2.—The term ‘‘parcel num23 ber 2’’ means the area, encompassing approximately

24 12,964 acres, bounded on the south by the extension

25 to the west of the southern boundary of the Northern
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1 Cheyenne Indian Reservation, on the east by the

2 107th meridian, on the north by the extension to the

3 west of the northern boundary of the Northern Chey4 enne Indian Reservation, and on the west by the 1891

5 survey line.

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

7 number 3’’ means the area, encompassing approxi8 mately 2,469 acres, bounded on the south by the ex9 tension to the west of the northern boundary of the

10 Northern Cheyenne Indian Reservation, on the east by

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

12 boundary of the Crow Indian Reservation, and on the

13 west by the 1891 survey line.

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

15 number 4’’ means the area, encompassing approxi16 mately 9,415 acres, bounded on the south by the

17 northern boundary of the Crow Indian Reservation,

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

19 the midpoint of the Yellowstone River, and on the

20 west by the 1891 survey line.

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

22 means any land or interest in land owned by the

23 United States (without regard to the means by which

24 the United States acquired ownership of the land or
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1 interest in land) and administered by the Secretary

2 through the Bureau of Land Management.

3 (13) ROYALTIES RECEIVED AND RETAINED BY

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

5 and retained by the United States’’ means the royal6 ties derived from minerals owned by the United

7 States that the United States retains after all pay8 ments from the royalties have been made to the State

9 of Montana or any unit of local government of the

10 State of Montana.

11 (14) SECRETARY.—The term ‘‘Secretary’’ means

12 the Secretary of the Interior.

13 (15) SETTLEMENT AGREEMENT.—The term ‘‘Set14 tlement Agreement’’ means the agreement between the

15 Secretary, on behalf of the United States and the

16 Crow Tribe, that provides for the resolution of all

17 claims held by the Crow Tribe arising from the 107th

18 meridian boundary dispute.

19 (16) UNDISPOSED OF COAL.—The term

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

21 conveyed to private parties or to the State of Montana

22 by the United States.

23 (17) UNDISPOSED OF SURFACE LANDS.—The

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

2 to the State of Montana by the United States.

3 (18) UNDISPOSED OF OIL, GAS, COAL METHANE,

4 OR OTHER MINERALS.—The term ‘‘undisposed of oil,

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

6 coal methane, or other minerals (excluding coal) that

7 have not been conveyed to private parties or to the

8 State of Montana by the United States.

9 SEC. 4. SETTLEMENT AGREEMENT.

10 (a) EXECUTION OF THE SETTLEMENT AGREEMENT.—

11 Subject to the terms and conditions of this Act, the Sec12 retary shall enter into the Settlement Agreement with the

13 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 Settlement

18 Agreement does not conflict with this Act.

19 (c) MODIFICATION OF THE SETTLEMENT AGREE20 MENT.—The terms and conditions of the Settlement Agree21 ment may be modified by mutual agreement of the Crow

22 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
28

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1 Northern Cheyenne allottees, or their successors in in2 terest 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 subject

7 to the enforcement provisions under chapter 7 of title

8 5, United States Code.

9 (2) ADDITIONAL ENFORCEMENT.—If, with re10 spect to the enforcement of the Settlement Agreement,

11 the remedies available under the provisions referred to

12 in paragraph (1) do not provide adequate or complete

13 relief, the Settlement Agreement shall be subject to the

14 enforcement provisions under section 1505 of title 28,

15 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 shall

21 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 Crow

3 Indian Reservation.

4 (C) Title to the undisposed of surface lands

5 of such parcel shall be vested in the United

6 States in trust for the sole use and benefit of the

7 Crow Tribe and shall be recognized as part of the

8 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

14 Reservation.

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 of

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

19 methane, or mineral within parcel number 1 that is

20 based on the 1891 survey line, except for the specific

21 rights that are vested in the United States for the sole

22 use and benefit of the Crow Tribe pursuant to sub23 paragraphs (B) through (D) of paragraph (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, the

15 1891 survey and the subsequent occupancy and

16 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 shall

20 apply:

21 (A) The boundary between the Crow and

22 Northern Cheyenne Indian Reservations shall be

23 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 Chey3 enne 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 Cheyenne

8 Tribe, except that surface lands that have been

9 allotted shall be recognized as held in trust for,

10 or owned in fee by (as the case may be), the

11 Northern Cheyenne allottees or their successors in

12 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 and

17 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 Chey4 enne allottees and their successors in interest,

5 from any liability arising from, or related to, the

6 1891 survey and the subsequent occupancy and

7 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 the

18 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 of

22 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, the

11 1891 survey and the subsequent occupancy and

12 use of parcel number 3 and parcel number 4.

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

14 the land exchanges with the State of Montana and private

15 landowners made under this Act the following provisions

16 shall apply:

17 (1) IN GENERAL.—(A) The Secretary shall nego18 tiate with the State of Montana for the purpose of ex19 changing public lands within the State of Montana

20 for State trust lands within the Crow Reservation

21 having a total value substantially equal to the value

22 of the surface estate of the approximately 46,625 acres

23 of State trust lands obtained by the State of Montana

24 pursuant to the Act of February 22, 1889 (commonly

25 known as the ‘‘Montana Enabling Act’’; 25 Stat. 676,
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1 chapter 180), and the Act entitled ‘‘An Act to provide

2 for the allotment of lands of the Crow Tribe for the

3 distribution of tribal funds and for other purposes’’

4 approved June 4, 1920 (commonly known as the

5 ‘‘Crow Allotment Act’’; 41 Stat. 751, chapter 224)

6 within the Crow Indian Reservation and the disputed

7 area.

8 (B) The exchange described in subparagraph (A)

9 shall be in accordance with the exchange procedures

10 set forth in section 206 of the Federal Land Policy

11 and Management Act of 1976 (43 U.S.C. 1716).

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

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

14 the exchange shall give due consideration to the value

15 of improvements on the lands.

16 (D) The Secretary shall ensure that lands ex17 changed pursuant to this paragraph as part of the

18 settlement of the 107th Meridian boundary dispute

19 made pursuant to this Act shall be selected in such

20 manner that the financial impact on local govern21 ments, if any, will be minimized.

22 (E) The Secretary shall provide such financial

23 or other assistance to the State of Montana and to the

24 Crow Tribe as may be necessary to obtain the ap25 praisals, and to satisfy administrative requirements,
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1 necessary to accomplish the exchanges made pursuant

2 to subparagraph (A).

3 (F) Upon approving an exchange made pursuant

4 to this paragraph, the Secretary shall—

5 (i) receive title to the State trust lands in6 volved in the exchange on behalf of the United

7 States; and

8 (ii) transfer title to the public lands dis9 posed of pursuant to the exchanges with the

10 State of Montana by such means of conveyance

11 as the Secretary considers appropriate.

12 (G) Title to the State trust lands acquired pur13 suant to the exchanges made with the State of Mon14 tana pursuant to this paragraph shall be vested in the

15 United States in trust for the sole use and benefit of

16 the Crow Tribe and shall be recognized as part of the

17 Crow Indian Reservation.

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

19 carrying out the exchanges with the State of Montana

20 pursuant to paragraph (1), the Secretary shall, dur21 ing a period of at least 5 years beginning on the date

22 on which the Settlement Agreement becomes effective,

23 give first priority to the exchange of public lands

24 within the State of Montana for State trust lands
36

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1 owned by the State of Montana as of the date of the

2 enactment of this Act.

3 (B) Subject to subparagraph (C), if, for any rea4 son, after the expiration of the period specified in sub5 paragraph (A), the exchanges of the State trust lands

6 identified in paragraph (1) have not provided the

7 Crow Tribe with a total of 46,625 acres of surface

8 lands within the boundaries of the existing Crow In9 dian Reservation (including parcel number 1), the

10 Secretary shall, at the request of, and in cooperation

11 with, the Crow Tribe, develop and implement a pro12 gram to provide the Crow Tribe with additional land

13 within the Crow Indian Reservation (including par14 cel number 1) through land exchanges with private

15 landowners.

16 (C) The total value of—

17 (i) the value of the lands exchanged and ac18 quired for the Crow Tribe pursuant to para19 graph (1), and

20 (ii) the value of the lands exchanged and ac21 quired for the Crow Tribe pursuant to this para22 graph,

23 shall not exceed the value of the surface estate of the

24 46,625 acres of land identified in paragraph (1)(A).
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1 (D) In carrying out a program developed pursu2 ant to this paragraph, the Secretary may exchange

3 public lands within the State of Montana for private

4 lands of substantially equal value within the bound5 aries of the existing Crow Indian Reservation in ac6 cordance with section 206 of the Federal Land Policy

7 Management Act of 1976 (43 U.S.C. 1716).

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

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

10 an exchange made pursuant to subparagraph (D)

11 shall give due consideration to the value of improve12 ments on the lands.

13 (F) If the Secretary obtains private lands pursu14 ant to subparagraph (D), the Secretary shall transfer

15 title to such lands to the Crow Tribe.

16 (G) Title to any private or public lands trans17 ferred to the Crow Tribe pursuant to this paragraph

18 shall—

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

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

21 and

22 (ii) be recognized as part of the Crow In23 dian Reservation, if such lands are located with24 in the boundaries of the Crow Indian Reserva25 tion.
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1 (H) The Crow Tribe shall assist in obtaining

2 prospective willing parties to exchange private lands

3 within the Crow Indian Reservation for public lands

4 within the State of Montana pursuant to this para5 graph.

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

7 Agreement shall include provisions governing the distribu8 tion of interest income to the Crow Tribe from the Crow

9 Tribal Trust Fund pursuant to the terms and conditions

10 described in section 6.

11 SEC. 6. ESTABLISHMENT AND ADMINISTRATION OF CROW

12 TRIBAL TRUST FUND.

13 (a) ESTABLISHMENT OF CROW TRIBAL TRUST

14 FUND.—

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

16 Treasury of the United States a trust fund to be

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

18 (2) AVAILABILITY OF AMOUNTS IN THE CROW

19 TRIBAL TRUST FUND.—Amounts in the Crow Tribal

20 Trust Fund shall be available, without fiscal year

21 limitation, to the Secretary for distribution to the

22 Crow Tribe in accordance with subsection (d).

23 (b) CONTRIBUTIONS TO CROW TRIBAL TRUST FUND.—

24 (1) IN GENERAL.—Subject to paragraph (2) and

25 the requirements of section 10—
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1 (A) on or before November 30, 1994, the

2 Secretary of the Treasury shall deposit into the

3 Crow Tribal Trust Fund an amount equal to the

4 amounts of royalties received and retained by the

5 United States during fiscal year 1994 from the

6 East Decker, West Decker, and Spring Creek coal

7 mines; and

8 (B) commencing with fiscal year 1995 and

9 for such period thereafter as may be necessary,

10 the Secretary and the Secretary of the Treasury

11 shall make necessary and proper arrangements

12 for the monthly payment, transfer, or deposit (or

13 any combination thereof) into the Crow Tribal

14 Trust Fund of the royalties received and retained

15 by the United States for the immediately preced16 ing month from the East Decker, West Decker,

17 and Spring Creek coal mines in the State of

18 Montana for the life of such mines, including

19 any extensions of the existing leases for such

20 mines and any expansions of such mines to

21 nearby and adjacent federally owned coal depos22 its, as specified in the Settlement Agreement.

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

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

25 transferred, or deposited into the Crow Tribal Trust
40

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1 Fund shall not exceed, in the aggregate, $85,000,000,

2 excluding—

3 (A) any interest earned on moneys in the

4 Crow Tribal Trust Fund; and

5 (B) the funds transferred to the Suspension

6 Accounts pursuant to section 10.

7 (3) PAYMENTS OF ROYALTIES RECEIVED AND RE8 TAINED BY THE UNITED STATES.—Subject to para9 graph (2) and the requirements of section 10, the roy10 alties received and retained by the United States from

11 the East Decker, West Decker, and Spring Creek coal

12 mines shall be paid, transferred or deposited into the

13 Crow Tribal Trust Fund not later than 30 days after

14 the date on which the royalties are due and paid.

15 (4) ADDITIONAL PAYMENTS.—The Federal Gov16 ernment shall make payments, in addition to the pay17 ments referred to in paragraph (3), from the royalties

18 received and retained by the United States from other

19 coal mines within the State of Montana into the Crow

20 Tribal Trust Fund in an amount equal to any lost

21 interest income (as determined by the Secretary), if

22 any portion of the sums described in paragraph (3)

23 are not paid, transferred or deposited into the Crow

24 Tribal Trust Fund within the 30-day period pre25 scribed in paragraph (3).
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1 (c) INVESTMENT.—The Secretary and Secretary of the

2 Treasury shall invest all sums deposited into, accruing to,

3 and remaining in, the Crow Tribal Trust Fund in interest4 bearing deposits and securities in accordance with the Act

5 of February 12, 1929 (45 Stat. 1164, chapter 178; 25 U.S.C.

6 161a) or the Act of June 24, 1938 (52 Stat. 1037, chapter

7 648; 25 U.S.C. 162a).

8 (d) DISTRIBUTION OF INTEREST.—

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

10 funds in the Crow Tribal Trust Fund shall be avail11 able for distribution by the Secretary to the Crow

12 Tribe for use for education, land acquisition, eco13 nomic development, youth and elderly programs or

14 other tribal purposes in accordance with plans and

15 budgets developed and approved by the Crow Tribe

16 and approved by the Secretary.

17 (2) REQUIREMENTS FOR DISTRIBUTION OF IN18 TEREST.—Commencing with fiscal year 1996 and for

19 each fiscal year thereafter, without fiscal year limita20 tion, the interest received on monies in the Crow

21 Tribal Trust Fund shall be available for distribution

22 under this subsection only if—

23 (A) the United States and the Crow Tribe

24 enter into the Settlement Agreement; and
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1 (B) the requirements of section 9 relating to

2 the approval and execution of the Settlement

3 Agreement are satisfied.

4 (3) PROHIBITION.—No portion of the Crow Trib5 al Trust Fund or the interest earned on the Crow

6 Tribal Trust Fund may be distributed to members of

7 the Crow Tribe on a per capita basis.

8 (e) USE OF INTEREST FOR ECONOMIC DEVELOP9 MENT.—Notwithstanding any other provision of law, the

10 Crow Tribe may, subject to approval by the Secretary, as11 sign the right of the Crow Tribe to the interest earned on

12 monies in the Crow Tribal Trust Fund to a third party

13 in connection with loans made for economic development

14 projects on or near the Crow Indian Reservation.

15 (f) LIMITATION.—Notwithstanding any other provi16 sion of law, no portion of the principal of the Crow Tribal

17 Trust Fund shall be available for withdrawal or disburse18 ment or used for any purpose other than the purposes speci19 fied in this section and section 10.

20 SEC. 7. ELIGIBILITY FOR OTHER FEDERAL SERVICES; TAX

21 EXEMPTION.

22 No payments made or benefits conferred pursuant to

23 this Act shall—

24 (1) result in the reduction or denial of any Fed25 eral services or programs to any tribe or to any mem-
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1 ber of a tribe to which the tribe or member of the tribe

2 is entitled or eligible because of the status of the tribe

3 as a federally recognized Indian tribe or the status of

4 a member of such tribe as a member; or

5 (2) be subject to any Federal or State income

6 tax.

7 SEC. 8. EXCHANGES OF LAND OR MINERALS.

8 (a) IN GENERAL.—(1) Subject to approval by the Sec9 retary, the Crow Tribe may exchange any land or minerals

10 to which its title is recognized in or obtained pursuant to

11 this Act for other land or minerals of substantially equiva12 lent value within the Crow Indian Reservation (including

13 parcel number 1).

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

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

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

17 sole use and benefit of the Crow Tribe; and

18 (B) recognized as part of the Crow Indian Res19 ervation.

20 (b) OWNERSHIP BY NON-INDIANS.—Any land or min21 erals received by a person who is not an Indian in an ex22 change referred to in subsection (a) shall be owned in fee.

23 SEC. 9. APPLICABILITY.

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

25 occurrence of the following conditions:
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1 (1) The Settlement Agreement is approved and

2 executed by the Secretary.

3 (2) The Settlement Agreement is approved and

4 executed by the Crow Tribe.

5 (3) The Settlement Agreement and the releases

6 and waivers required by section 5 are approved and

7 duly executed by the Crow Tribe in accordance with

8 the requirements and procedures set forth in the con9 stitution of the Crow Tribe.

10 (4) The Settlement Agreement becomes effective

11 in accordance with the terms and conditions specified

12 in the Settlement Agreement.

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

14 United States hereby approves and confirms the releases

15 and waivers required by section 5.

16 SEC. 10. ESCROW FUNDS.

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

18 date of enactment of this Act, the Secretary shall make dis19 tributions from the 107th meridian escrow fund as follows:

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

21 the Crow Tribe.

22 (2) One-half of the fund shall be distributed to

23 the Northern Cheyenne Tribe.
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1 (3) The receipt and acceptance by a tribe of

2 funds distributed under this section shall be deemed

3 to be—

4 (A) a disclaimer, relinquishment and waiv5 er by such tribe of all right, claim or interest in

6 the 107th meridian escrow fund; and

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

8 and entities, including the United States, from

9 any liability arising from, or related to, the es10 tablishment and administration of the 107th me11 ridian escrow fund.

12 (b) ESTABLISHMENT OF SUSPENSION ACCOUNTS.—As

13 soon as practicable after the Settlement Agreement is exe14 cuted and approved pursuant to this Act, the Secretary of

15 the Treasury shall establish in the Treasury of the United

16 States two interest bearing accounts to be known respec17 tively as the ‘‘Crow Tribal Suspension Account’’ and the

18 ‘‘Northern Cheyenne Tribal Suspension Account’’ (collec19 tively referred to in this subsection as the ‘‘Suspension Ac20 counts’’), consisting of—

21 (1) such amounts as are transferred to the Sus22 pension Accounts under subsection (c); and

23 (2) any interest earned on investments of

24 amounts in the Suspension Accounts under subsection

25 (e).
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1 (c) CONTRIBUTIONS TO THE SUSPENSION AC2 COUNTS.—

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

4 1995, and ending on the date on which the total

5 amount deposited pursuant to this subsection into the

6 Suspension Accounts is equal to $200,000 for each

7 such account (as specified in subsection (d)), the Sec8 retary and the Secretary of the Treasury shall make

9 necessary and proper arrangements for the monthly

10 payment, transfer, or deposit (or any combination

11 thereof) into each of the Suspension Accounts of an

12 amount equal to one-half of the royalties received and

13 retained by the United States for the immediately

14 preceding month, as determined in accordance with

15 section 6(b)(1), by the date specified under section

16 6(b)(3).

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

18 the amount deposited pursuant to this subsection into

19 the Suspension Accounts is equal to $200,000 for each

20 such account (as specified in subsection (d)), in ac21 cordance with section 6(b)(1), the Secretary and the

22 Secretary of the Treasury shall thereafter deposit any

23 remaining amounts determined under section 6(b)(1)

24 in the Crow Tribal Trust Fund established under sec25 tion 6(a).
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1 (d) LIMITATION.—The Secretary and the Secretary of

2 the Treasury shall not transfer more than a total amount

3 equal to $200,000 to each of the Suspension Accounts from

4 the amounts determined under section 6(b)(1).

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

6 and remaining in the Suspension Accounts shall be invested

7 by the Secretary and the Secretary of the Treasury in inter8 est bearing deposits and securities in accordance with the

9 Act of June 24, 1938 (52 Stat. 1037, chapter 648; 25 U.S.C.

10 162a).

11 (f) WITHDRAWALS AND TERMINATION.—

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

13 that is 5 years after the date of enactment of this Act,

14 the Crow Tribe and the Northern Cheyenne Tribe

15 may each submit a duly authorized request to the

16 Secretary for the withdrawal of all of the funds from

17 the Suspension Account of the tribe established under

18 subsection (b).

19 (B) Not later than 60 days after receiving a re20 quest for the distribution of funds from a Suspension

21 Account made by a tribe under subparagraph (A)—

22 (i) the Secretary shall, in cooperation with

23 the Secretary of the Treasury, withdraw and dis24 tribute such funds in accordance with such re25 quest; and
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1 (ii) the Secretary of the Treasury shall ter2 minate the Suspension Account.

3 (2) OTHER MEANS OF TERMINATION—With re4 spect to a Suspension Account established under sub5 section (b) that is not terminated pursuant to para6 graph (1), at such time as the corpus and the accrued

7 interest of the Suspension Account of the Crow Tribe

8 or the Northern Cheyenne Tribe is approximately

9 equal to the amount specified in paragraph (1) or (2)

10 of subsection (a), the Secretary of the Treasury shall

11 terminate the Suspension Account and the Secretary

12 of the Interior shall distribute the funds from the Sus13 pension Account to the tribe.

14 SEC. 11. FORT LARAMIE TREATY OF 1868.

15 Except for the adjustment to the eastern boundary of

16 the Crow Indian Reservation, nothing in this Act or in the

17 Settlement Agreement shall affect or modify the terms and

18 conditions of the treaty between the United States of Amer19 ica and the Crow Tribe of Indians concluded May 7, 1868

20 (commonly known as the ‘‘Fort Laramie Treaty of 1868’’;

21 15 Stat. 649).

22 SEC. 12. SATISFACTION OF CLAIMS.

23 The benefits available to the Crow Tribe under the

24 terms and conditions of this Act and the Settlement Agree25 ment shall constitute full and complete satisfaction of all
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1 claims by the Crow Tribe and the members of the Crow

2 Tribe arising from or related to the erroneous survey of the

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

4 SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

5 There are authorized to be appropriated to the Depart6 ment of the Interior such sums as are necessary to carry

7 out this Act.

Amend the title so as to read: ‘‘A bill to resolve the

107th meridian boundary dispute between the Crow Indian Tribe and the United States.’’.

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