II 

117TH CONGRESS 

1ST SESSION S. 3200 

To authorize the relinquishment and in lieu selection of land and minerals 

in the State of North Dakota, to restore land and minerals to Indian 

Tribes within the State of North Dakota, to conserve the Little Missouri 

National Grasslands, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 4, 2021 

Mr. HOEVEN (for himself and Mr. CRAMER) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To authorize the relinquishment and in lieu selection of land 

and minerals in the State of North Dakota, to restore 

land and minerals to Indian Tribes within the State 

of North Dakota, to conserve the Little Missouri National Grasslands, 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 ‘‘North Dakota Trust 

5 Lands Completion Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 


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1 (1) in 1889, Congress enacted the North Da2 kota Enabling Act ‘‘to provide for the division of 

3 Dakota into two States and to enable the people of 

4 North Dakota, South Dakota, Montana, and Wash5 ington to form constitutions and State governments 

6 and to be admitted into the Union on an equal foot7 ing with the original States, and to make donations 

8 of public lands to such States’’; 

9 (2) section 10 of the North Dakota Enabling 

10 Act (25 Stat. 679, chapter 180)— 

11 (A) with certain exceptions, granted sec12 tions 16 and 36 in every township to the new 

13 States of North Dakota, South Dakota, Mon14 tana, and Washington ‘‘for the support of com15 mon schools’’; and 

16 (B) in cases where portions of sections 16 

17 and 36 had been reserved, granted, or sold 

18 prior to those States attaining statehood, au19 thorized indemnity or ‘‘in lieu’’ selections; 

20 (3) the State of North Dakota was granted 

21 land and minerals totaling more than 2,500,000 

22 acres under the North Dakota Enabling Act; 

23 (4) the North Dakota Enabling Act provided 

24 further land grants to the State of North Dakota for 


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1 the support of colleges, universities, the State cap2 itol, and other public institutions; 

3 (5) prior to the enactment of the North Dakota 

4 Enabling Act, the United States, through treaties 

5 and Executive orders, including the Treaty between 

6 the United States of America and the Mandan, 

7 Hidatsa, Arikara, and other Tribal Nations, made 

8 and concluded at Fort Laramie September 17, 1851 

9 (11 Stat. 749), the Treaty between the United 

10 States of America and the Sisseton and Wahpeton 

11 Bands of Dakota or Sioux Indians, made and con12 cluded at Washington February 19, 1867 (15 Stat. 

13 505), the Treaty between the United States of 

14 America and different Tribes of Sioux Indians, made 

15 and concluded at Fort Laramie April 29, 1868 (15 

16 Stat. 635), and the Executive order of April 12, 

17 1870, established several reservations of land for 

18 multiple Indian Tribes located in the State of North 

19 Dakota; 

20 (6) established in 1960, the Little Missouri Na21 tional Grasslands— 

22 (A) occupies more than 1,028,000 acres of 

23 land in western North Dakota; and 


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1 (B) encompasses approximately 108,840 

2 surface acres and 149,073 mineral acres of 

3 State land grant parcels within its boundaries; 

4 (7) authorizing the State to relinquish the State 

5 land grant parcels located within the reservations 

6 and the Grasslands and to select other Federal land 

7 or minerals in lieu of the relinquished State land 

8 grant parcels will— 

9 (A) fulfill the promise of land and minerals 

10 to the State; 

11 (B) provide to Indian Tribes greater Tribal 

12 sovereignty and control of land and minerals 

13 within the reservations; and 

14 (C) provide for greater conservation and 

15 preservation of the Grasslands; and 

16 (8) Congress should authorize the State— 

17 (A) to relinquish the land and minerals lo18 cated within the reservations and the Grass19 lands; and 

20 (B) to select in lieu of the relinquished 

21 land other Federal land or minerals in the 

22 State of North Dakota of equal value. 

23 SEC. 3. DEFINITIONS. 

24 In this Act: 


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1 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

2 means public land and minerals located within the 

3 State of North Dakota, including public land that is 

4 mineral in character. 

5 (2) GRASSLANDS.—The term ‘‘Grasslands’’ 

6 means the Little Missouri National Grasslands lo7 cated within the State of North Dakota. 

8 (3) NORTH DAKOTA ENABLING ACT.—The term 

9 ‘‘North Dakota Enabling Act’’ means the Act of 

10 February 22, 1889 (25 Stat. 676, chapter 180). 

11 (4) PUBLIC LAND.—The term ‘‘public land’’ 

12 has the meaning given the term ‘‘public lands’’ in 

13 section 103 of the Federal Land Policy and Manage14 ment Act of 1976 (43 U.S.C. 1702). 

15 (5) RESERVATION.—The term ‘‘reservation’’ 

16 means any Indian reservation located wholly or par17 tially within the State of North Dakota and recog18 nized under United States treaty, Executive order, 

19 or Act of Congress. 

20 (6) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of the Interior. 

22 (7) STATE.—The term ‘‘State’’ means the State 

23 of North Dakota, acting through the North Dakota 

24 Board of University and School Lands and its agent, 

25 the Department of Trust Lands. 


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1 (8) STATE LAND GRANT PARCEL.—The term 

2 ‘‘State land grant parcel’’ means— 

3 (A) a parcel of land granted to the State 

4 of North Dakota by Congress— 

5 (i) on statehood; or 

6 (ii) through a grant pursuant to the 

7 North Dakota Enabling Act; 

8 (B) a section of land numbered 16 or 36 

9 granted to the State of North Dakota by Con10 gress for school purposes; 

11 (C) a parcel of land selected by the State 

12 of North Dakota as indemnity for any section 

13 of land numbered 16 or 36; and 

14 (D) a parcel of land other than a parcel of 

15 land described in subparagraph (A), (B), or (C) 

16 obtained by the State after statehood. 

17 (9) UNAPPROPRIATED FEDERAL LAND.— 

18 (A) IN GENERAL.—The term ‘‘unappropri19 ated Federal land’’ means Federal land under 

20 the management and control of the Bureau of 

21 Land Management and located within the State 

22 of North Dakota. 

23 (B) EXCLUSIONS.—The term ‘‘unappropri24 ated Federal land’’ does not include— 


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1 (i) surface interests acquired by the 

2 Bureau of Land Management; 

3 (ii) any area of critical environmental 

4 concern established pursuant to section 

5 202(c)(3) of the Federal Land Policy and 

6 Management Act of 1976 (43 U.S.C. 

7 1712(c)(3)); or 

8 (iii) land that is— 

9 (I) withdrawn from public entry; 

10 (II) located within a unit of the 

11 National Park System; 

12 (III) located within any reserva13 tion; 

14 (IV) located within— 

15 (aa) T. 147 N., R. 95 W.; 

16 (bb) T. 148 N., R. 95 W.; 

17 (cc) T. 148 N., R. 96 W.; or 

18 (dd) T. 149 N., R. 95 W.; 

19 (V) located within a United 

20 States military reservation; or 

21 (VI) designated by Congress or 

22 the President for conservation pur23 poses. 

24 SEC. 4. RELINQUISHMENT AND SELECTION; CONVEYANCE. 

25 (a) RELINQUISHMENT AND SELECTION.— 


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1 (1) IN GENERAL.—If the State elects to relin2 quish all right, title, and interest of the State in and 

3 to a State land grant parcel located wholly or par4 tially within the boundaries of any reservation or the 

5 Grasslands, the Secretary shall authorize the State 

6 to select in accordance with this Act 1 or more par7 cels of unappropriated Federal land of substantially 

8 equivalent value within the State of North Dakota. 

9 (2) APPROVAL.—Not later than 90 days after 

10 the date on which the State makes a selection under 

11 paragraph (1), the Secretary shall approve or reject, 

12 in whole or in part, the selection. 

13 (b) CONVEYANCE.— 

14 (1) CONVEYANCE BY SECRETARY.— 

15 (A) IN GENERAL.—Not later than 60 days 

16 after the date on which Secretary approves a 

17 State selection of unappropriated Federal land 

18 under subsection (a)(2), the Secretary shall ini19 tiate the actions necessary to convey to the 

20 State the unappropriated Federal land. 

21 (B) REQUIREMENTS.—Conveyance of Fed22 eral land by the Secretary under this Act— 

23 (i) shall be by clear list, patent, or 

24 deed acceptable to the State; and 


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1 (ii) shall not be considered a sale, ex2 change, or conveyance under section 203, 

3 205, 206, or 209 of the Federal Land Pol4 icy and Management Act of 1976 (43 

5 U.S.C. 1713, 1715, 1716, 1719). 

6 (2) RELINQUISHMENT AND CONVEYANCE BY

7 STATE.— 

8 (A) IN GENERAL.—As consideration for 

9 the conveyance of Federal land under para10 graph (1), on the date on which the Federal 

11 land is conveyed to the State, the State— 

12 (i) shall concurrently relinquish and 

13 convey to the Secretary all right, title, and 

14 interest of the State in and to the State 

15 land grant parcel identified for relinquish16 ment under subsection (a)(1); or 

17 (ii) in the case of a State land grant 

18 parcel identified for relinquishment under 

19 subsection (a)(1) that is located wholly or 

20 partially within the boundaries of the 

21 Grasslands, shall relinquish and convey to 

22 the Secretary of Agriculture all right, title, 

23 and interest of the State in and to the 

24 State land grant parcel. 


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1 (B) CLEAR TITLE.—The State shall convey 

2 to the Secretary clear title to all parcels relin3 quished under subparagraph (A). 

4 (C) LIMITATION.—Relinquishment and 

5 conveyance by the State of a State land grant 

6 parcel under this Act shall not be considered an 

7 exchange or acquisition for purposes of section 

8 205 or 206 of the Federal Land Policy and 

9 Management Act of 1976 (43 U.S.C. 1715, 

10 1716). 

11 (c) SUCCESSION TO RIGHTS AND OBLIGATIONS.— 

12 Each party to which land is conveyed under this Act shall 

13 succeed to the rights and obligations of the conveying 

14 party with respect to any lease, right-of-way, permit, or 

15 other valid existing right to which the land is subject. 

16 (d) MANAGEMENT AFTER RELINQUISHMENT.— 

17 (1) GRASSLANDS.—All State land grant parcels 

18 relinquished by the State and conveyed to the Sec19 retary of Agriculture under this Act and located 

20 within the Grasslands shall become part of, and be 

21 managed as part of, the Grasslands. 

22 (2) RESERVATION.—If a State land grant par23 cel relinquished by the State and conveyed to the 

24 Secretary under this Act is located wholly or par25 tially within the boundaries of any reservation, on 


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1 request of the applicable Indian Tribe, the portion of 

2 the State land grant parcel located within the 

3 boundaries of the reservation shall be— 

4 (A) taken into trust by the Secretary on 

5 behalf of, and for the benefit of, the Indian 

6 Tribe on the date of the conveyance; and 

7 (B) considered to be a part of the reserva8 tion of the Indian Tribe. 

9 (3) CONSULTATION REQUIRED.—Prior to the 

10 conveyance of a State land grant parcel located 

11 wholly or partially within the boundaries of any res12 ervation, the State and the Secretary shall consult 

13 with the Indian Tribe the land of which is subject 

14 to conveyance in accordance with Executive Order 

15 13175 (25 U.S.C. 5301 note; relating to consulta16 tion and coordination with Indian tribal govern17 ments). 

18 (e) SPECIAL RULES FOR MINERAL LAND.— 

19 (1) DEFINITION OF UNAPPROPRIATED FEDERAL

20 LAND SUBJECT TO A LEASE OR PERMIT.—In this 

21 subsection, the term ‘‘unappropriated Federal land 

22 subject to a lease or permit’’ means unappropriated 

23 Federal land subject to a mineral lease or permit 

24 that is— 


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1 (A) issued under the Mineral Leasing Act 

2 (30 U.S.C. 181 et seq.); and 

3 (B) in a producing or producible status 

4 during the 10-year period following the date of 

5 enactment of this Act. 

6 (2) SELECTION OF MINERAL LAND.—The State 

7 may select, and the Secretary may convey, unappro8 priated Federal land that is mineral in character 

9 under subsection (b) on the condition that, except as 

10 provided in paragraph (3)(A), if the selected land is 

11 unappropriated Federal land subject to a lease or 

12 permit— 

13 (A) the Secretary shall reserve an over14 riding interest in the portion of the mineral es15 tate that is comprised of minerals subject to 

16 leasing under the Mineral Leasing Act (30 

17 U.S.C. 181 et seq.); and 

18 (B) such a selection shall not include any 

19 portion of the mineral lease or permit. 

20 (3) CONVEYANCE OF MINERAL ESTATE.— 

21 (A) IN GENERAL.—If the State selects un22 appropriated Federal land subject to a lease or 

23 permit under paragraph (2), on the option of 

24 the State— 


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1 (i) the Secretary may convey with the 

2 surface interest in the land the interest in 

3 the mineral estate that is comprised of 

4 minerals subject to leasing under the Min5 eral Leasing Act (30 U.S.C. 181 et seq.); 

6 and 

7 (ii) all Federal mining claims over the 

8 land shall be converted to State leases in 

9 accordance with this paragraph. 

10 (B) MINING CLAIMS.—To facilitate the 

11 conversion of Federal mining claims to State 

12 leases under subparagraph (A), a Federal min13 ing claimant may file with the Secretary a vol14 untary relinquishment of the Federal mining 

15 claim conditioned on— 

16 (i) conveyance of the land to the 

17 State; and 

18 (ii) the conversion of the Federal min19 ing claim to a State lease. 

20 (C) OBLIGATIONS UNDER FEDERAL

21 LAW.—Until the date on which the land is con22 veyed to the State under subparagraph (A), a 

23 Federal mining claimant shall be subject to any 

24 obligations relating to the land under Federal 

25 law. 


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1 (D) NO RELINQUISHMENT.—If the land 

2 previously encumbered by the relinquished Fed3 eral mining claim is not conveyed to the State 

4 under subparagraph (A), the relinquishment of 

5 land under subparagraph (B) shall have no ef6 fect. 

7 (E) RIGHTS-OF-WAY; OTHER INTEREST.— 

8 On conveyance to the State of land encumbered 

9 by a relinquished Federal mining claim under 

10 this paragraph, the State shall assume author11 ity over any leases, licenses, permits, rights-of12 way, operating plans, other land use authoriza13 tions, or reclamation obligations applicable to 

14 the relinquished Federal mining claim on the 

15 date of conveyance. 

16 (F) VALUATION.—If a Federal mining 

17 claimant does not voluntarily relinquish under 

18 subparagraph (B) a Federal mining claim on 

19 land conveyed to the State, the Secretary shall 

20 take into account the encumbrance represented 

21 by the claim in determining the value of the 

22 land under section 5(b). 

23 (f) WITHDRAWAL.— 

24 (1) IN GENERAL.—Subject to valid rights in ex25 istence on the date of enactment of this Act, all FedVerDate Sep 11 2014 03:18 Nov 06, 2021 Jkt 029200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S3200.IS S3200

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1 eral land selected by the State for conveyance under 

2 this Act, effective beginning on the date on which 

3 the State makes the selection and ending on the 

4 date described in paragraph (2), is withdrawn from 

5 all forms of— 

6 (A) entry, appropriation, or disposal under 

7 the public land laws; 

8 (B) location, entry, and patent under the 

9 mining laws; and 

10 (C) disposition under all laws pertaining to 

11 mineral and geothermal leasing or mineral ma12 terials. 

13 (2) DATE DESCRIBED.—The date referred to in 

14 paragraph (1) is the date on which, as applicable— 

15 (A) the Federal land is conveyed by the 

16 Secretary to the State; 

17 (B) the Secretary rejects the selection 

18 under subsection (a)(2); or 

19 (C) the State withdraws the selection. 

20 SEC. 5. VALUATION. 

21 (a) EQUAL VALUE.—With respect to a State land 

22 grant parcel conveyed under this Act in consideration for 

23 a parcel of Federal land selected in accordance with this 

24 Act— 


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1 (1) the overall value of the State land grant 

2 parcel and the overall value of the parcel of Federal 

3 land shall be substantially equal; or 

4 (2) subject to subsection (c), if the overall value 

5 of the parcels is not equal, the party conveying the 

6 parcel of lesser value shall— 

7 (A) equalize the value by the payment of 

8 funds to the other party; or 

9 (B) enter the imbalance in value on a ledg10 er account in accordance with subsection (e). 

11 (b) APPRAISAL REQUIRED.—Except as provided in 

12 subsection (d), the Secretary shall determine the value of 

13 a State land grant parcel and a parcel of Federal land 

14 to be conveyed under this Act through an appraisal com15 pleted in accordance with— 

16 (1) the Uniform Appraisal Standards for Fed17 eral Land Acquisitions; or 

18 (2) subject to subsection (d)(1), the Uniform 

19 Standards for Professional Appraisal Practice. 

20 (c) EQUALIZATION.—With respect to a conveyance to 

21 the Secretary or the Secretary of Agriculture of a State 

22 land grant parcel of lesser value than the parcel of Federal 

23 land to be conveyed to the State under this Act, the total 

24 value of the equalization payment described in subsection 

25 (a)(2)(A) or the ledger entry described in subsection (e), 


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1 as applicable, may not exceed 25 percent of the total value 

2 of the parcel of Federal land. 

3 (d) LOW VALUE PARCELS.— 

4 (1) IN GENERAL.—The Secretary, with the con5 sent of the State, may use mass appraisals, a sum6 mary appraisal, or a statement of value made by a 

7 qualified appraiser carried out in accordance with 

8 the Uniform Standards for Professional Appraisal 

9 Practice to determine the value of a State land 

10 grant parcel or a parcel of Federal land to be con11 veyed under this Act instead of an appraisal that 

12 complies with the Uniform Appraisal Standards for 

13 Federal Land Acquisitions if the State and the Sec14 retary agree that market value of the State land 

15 grant parcel or parcel of Federal land, as applicable, 

16 is— 

17 (A) less than $500,000; and 

18 (B) less than $500 per acre. 

19 (2) DIVISION.—A State land grant parcel or a 

20 parcel of Federal land may not be artificially divided 

21 in order to qualify for a summary appraisal, mass 

22 appraisal, or statement of value under paragraph 

23 (1). 

24 (e) LEDGER ACCOUNTS.— 


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1 (1) IN GENERAL.—With respect to a State land 

2 grant parcel conveyed under this Act in consider3 ation for a parcel of Federal land, if the overall 

4 value of the parcels is not equal, the Secretary and 

5 the State may agree to use a ledger account to make 

6 equal the value. 

7 (2) IMBALANCES.—A ledger account described 

8 in paragraph (1) shall reflect imbalances in value to 

9 be reconciled in a subsequent transaction. 

10 (3) ACCOUNT BALANCING.—Each ledger ac11 count described in paragraph (1) shall be— 

12 (A) balanced not later than 3 years after 

13 the date on which the ledger account is estab14 lished; and 

15 (B) closed not later than 5 years after the 

16 date of the last conveyance of land under this 

17 Act. 

18 (4) COSTS.— 

19 (A) IN GENERAL.—The Secretary or the 

20 State may assume costs or other responsibilities 

21 or requirements for conveying land under this 

22 Act that ordinarily are borne by the other 

23 party. 

24 (B) ADJUSTMENT.—If the Secretary or the 

25 State assume costs or other responsibilities 


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1 under subparagraph (A), the Secretary or the 

2 State shall make adjustments to the value of 

3 the Federal land conveyed to the State to com4 pensate the Secretary or the State, as applica5 ble, for assuming the costs or other responsibil6 ities. 

7 (5) MINERAL LAND.—If value is attributed to 

8 any parcel of Federal land that has been selected by 

9 the State because of the presence of minerals under 

10 a lease entered into under the Mineral Leasing Act 

11 (30 U.S.C. 181 et seq.) that is in a producing or 

12 producible status, and the lease is to be conveyed 

13 under this Act, the value of the parcel shall be re14 duced by the amount that represents the likely Fed15 eral revenue sharing obligation under the Mineral 

16 Leasing Act (30 U.S.C. 181 et seq.) with the State, 

17 but the adjustment shall not be considered as re18 flecting a property right of the State. 

19 SEC. 6. MISCELLANEOUS. 

20 (a) IN GENERAL.—Land or minerals conveyed under 

21 this Act shall be subject to all applicable Federal, State, 

22 and Tribal law. 

23 (b) PROTECTION OF INDIAN RIGHTS.— 

24 (1) TREATY RIGHTS.—Nothing in this Act 

25 modifies, limits, expands, or otherwise affects any 


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1 treaty-reserved right or other right of any Indian 

2 Tribe recognized by any other means, including trea3 ties or agreements with the United States, Executive 

4 orders, statutes, regulations, or case law. 

5 (2) LAND OR MINERALS HELD IN TRUST.— 

6 Nothing in this Act affects— 

7 (A) land or minerals held in trust by the 

8 United States as of the date of enactment of 

9 this Act on behalf of, and for the benefit of, any 

10 Indian Tribe; or 

11 (B) any individual Indian allotment. 

12 (c) HAZARDOUS MATERIALS.— 

13 (1) IN GENERAL.—The Secretary and the State 

14 shall make available for review and inspection any 

15 record relating to hazardous materials on land to be 

16 conveyed under this Act. 

17 (2) CERTIFICATION.— 

18 (A) IN GENERAL.—Prior to completing a 

19 conveyance of Federal land under this Act, the 

20 Secretary shall complete an inspection and a 

21 hazardous materials certification of the land to 

22 be conveyed. 

23 (B) STATE LAND GRANT PARCELS.—Prior 

24 to completing a conveyance of a State land 

25 grant parcel under this Act, the State shall 


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1 complete an inspection and a hazardous mate2 rials certification of the land to be conveyed. 

3 (d) GRAZING PERMITS.— 

4 (1) IN GENERAL.—If land conveyed under this 

5 Act is subject to a lease, permit, or contract for the 

6 grazing of domestic livestock in effect on the date of 

7 the conveyance, the Secretary or the Secretary of 

8 Agriculture, or the State, as applicable, shall allow 

9 the grazing to continue for the remainder of the 

10 term of the lease, permit, or contract, subject to the 

11 related terms and conditions of the user agreements, 

12 including permitted stocking rates, grazing fee lev13 els, access, and ownership and use of range improve14 ments. 

15 (2) CANCELLATION.— 

16 (A) IN GENERAL.—Nothing in this Act 

17 prevents the Secretary or the Secretary of Agri18 culture, or the State, from canceling or modi19 fying a grazing permit, lease, or contract if the 

20 land subject to the permit, lease, or contract is 

21 sold, conveyed, transferred, or leased for non22 grazing purposes. 

23 (B) BASE PROPERTIES.—If land conveyed 

24 by the State under this Act is used by a grazing 

25 permittee or lessee to meet the base property 


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1 requirements for a Federal grazing permit or 

2 lease, the land shall continue to qualify as a 

3 base property for the remaining term of the 

4 lease or permit and the term of any renewal or 

5 extension of the lease or permit. 

6 (C) RANGE IMPROVEMENTS.—Nothing in 

7 this Act prohibits a holder of a grazing lease, 

8 permit, or contract from being compensated for 

9 range improvements pursuant to the terms of 

10 the lease, permit, or contract under existing 

11 Federal or State laws. 

12 SEC. 7. SAVINGS CLAUSE. 

13 Nothing in this Act applies to or impacts the owner14 ship of any land or mineral resources. 

Æ 


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