IB 

Union Calendar No. 199 

112TH CONGRESS 

1ST SESSION H. R. 1158 

[Report No. 112–299] 

To authorize the conveyance of mineral rights by the Secretary of the Interior 

in the State of Montana, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 17, 2011 

Mr. REHBERG introduced the following bill; which was referred to the 

Committee on Natural Resources 

DECEMBER 1, 2011 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

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

[For text of introduced bill, see copy of bill as introduced on March 17, 2011] 


srobinson on DSK4SPTVN1PROD with BILLS
2 

•HR 1158 RH

A BILL 

To authorize the conveyance of mineral rights by the Secretary of the Interior in the State of Montana, and 

for other purposes. 


srobinson on DSK4SPTVN1PROD with BILLS
3 

•HR 1158 RH

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 ‘‘Montana Mineral Con5 veyance Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) under section 503(a)(2) of the Department of 

9 the Interior and Related Agencies Appropriations Act, 

10 1998 (Public Law 105–83; 111 Stat. 1617), the Sec11 retary of the Interior has conveyed mineral rights in 

12 certain very large tracts of coal to the State of Mon13 tana, the tracts of which lie as near as 3 or 4 miles 

14 east of the Northern Cheyenne Indian Reservation; 

15 (2) development of the coal tracts and other ex16 isting and proposed major developments of Federal, 

17 State, and private energy resources in areas sur18 rounding the Northern Cheyenne Indian Reservation 

19 yield substantial public revenues to the State (includ20 ing political subdivisions of the State), thereby assist21 ing the State (including political subdivisions of the 

22 State) in addressing the impacts of the development; 

23 (3) although the Northern Cheyenne tribal com24 munity chronically suffers harsh economic conditions 

25 and severe deficits in public services and facilities, the 


srobinson on DSK4SPTVN1PROD with BILLS
4 

•HR 1158 RH

1 community does not share in any significant portion 

2 of the public revenues generated by surrounding en3 ergy development; 

4 (4) the Northern Cheyenne Tribe has few, if any, 

5 sources of revenue available to address development 

6 impacts; 

7 (5) in 2002, the Tribe brought suit against the 

8 Secretary, asserting that the proposed conveyances of 

9 the extensive Federal coal tracts to the State under 

10 the Department of the Interior and Related Agencies 

11 Appropriations Act, 1998 (Public Law 105–83; 111 

12 Stat. 1543) would violate— 

13 (A) several Federal laws (including regula14 tions); and 

15 (B) the Federal trust responsibility to the 

16 Tribe; 

17 (6) subsequently, the Tribe withdrew the suit de18 scribed in paragraph (5) with prejudice, based in sub19 stantial part on commitments that legislation sub20 stantially in the form of this Act (and further legisla21 tion providing funding to the Tribe to address the im22 pacts of coal development in areas adjoining the Res23 ervation) would be introduced and pursued with sup24 port from the State, Great Northern Properties, and 

25 others; 


srobinson on DSK4SPTVN1PROD with BILLS
5 

•HR 1158 RH

1 (7) the Tribe asserts that the Tribe retains 

2 claims against the United States arising from the 

3 failure of the United States to acquire mineral rights 

4 underlying approximately 5,000 acres of Reservation 

5 land when the Reservation, at the direction of Con6 gress, was expanded eastward to the Tongue River in 

7 1900, the mineral rights of which, as of the date of 

8 enactment of this Act, are owned by Great Northern 

9 Properties; and 

10 (8) if the conveyances of mineral rights are car11 ried out under this Act, the Tribe will waive all legal 

12 claims against the United States arising from the 

13 longstanding and continuing loss of the Tribe of min14 eral rights relating to the Reservation land. 

15 SEC. 3. DEFINITIONS. 

16 In this Act: 

17 (1) CHEYENNE TRACTS.—The term ‘‘Cheyenne 

18 tracts’’ means the aggregate tract of land that— 

19 (A) is located in the eastern portion of the 

20 State within the boundaries of the Reservation; 

21 (B) comprises approximately 5,000 acres; 

22 (C) is generally depicted on the map enti23 tled ‘‘Cheyenne Coal Land Conveyance’’ and 

24 dated April 7, 2010; and 

25 (D) is comprised of land located in— 


srobinson on DSK4SPTVN1PROD with BILLS
6 

•HR 1158 RH

1 (i) T. 2 S., R. 44 E., sec. 17; 

(ii) T. 2 S., R. 44 E., sec. 19, E1 2 ⁄2 and 

E1⁄2W1 3 ⁄2, Lots 1–4; 

(iii) T. 3 S., R. 44 E., sec. 5, S1 4 ⁄2 and 

S1⁄2N1 5 ⁄2, Lots 1–4; 

(iv) T. 3 S., R. 44 E., sec. 7, E 1 6 ⁄2 and 

E1⁄2W1 7 ⁄2, Lots 1–4; 

(v) T. 3 S., R. 44 E., sec. 9, N1 8 ⁄2, 

SW1⁄4, and W1⁄2SE1 9 ⁄4, Lots 2–4; 

10 (vi) T. 3 S., R. 44 E., sec. 17; 

(vii) T. 3 S., R. 44 E., sec. 19, E1 11 ⁄2

and E1⁄2W1 12 ⁄2, Lots 1–4; and 

(viii) T. 3 S., R. 44 E., sec. 21, N1 13 ⁄2, 

SW1⁄4, and SW1⁄4 SE1 14 ⁄4, Lots 1 and 2. 

15 (2) FEDERAL TRACTS.—The term ‘‘Federal 

16 tracts’’ means the unleased tracts of land that— 

17 (A) are located in the State; 

18 (B) are located outside of the boundaries of 

19 the Reservation; 

20 (C) consist of approximately 5,000 acres; 

21 (D) are generally depicted on the map enti22 tled ‘‘Federal Coal Land Conveyance’’ and dated 

23 March 18, 2011; and 

24 (E) are comprised of land located in— 

(i) T. 3 S., R. 44 E., sec. 26, S1 25 ⁄2; 


srobinson on DSK4SPTVN1PROD with BILLS
7 

•HR 1158 RH

1 (ii) T. 3 S., R. 44 E., sec. 34; 

2 (iii) T. 3 S., R. 45 E., sec. 30, 

E1⁄2SW1⁄4 and SE1 3 ⁄4, Lots 1–4; 

(iv) T. 4 S., R. 44 E., sec. 2, S1⁄2N1 4 ⁄2

and S1 5 ⁄2, Lots 1–4; 

(v) T. 6 N., R. 27 E., sec. 4, S1⁄2N1 6 ⁄2

and S1 7 ⁄2, Lots 1–4; 

8 (vi) T. 6 N., R. 27 E., sec. 8; 

9 (vii) T. 6 N., R. 27 E., sec. 10; 

10 (viii) T. 6 N., R. 27 E., sec. 14; and 

11 (ix) T. 6 N., R. 27 E., sec. 22. 

12 (3) GREAT NORTHERN PROPERTIES.—The term 

13 ‘‘Great Northern Properties’’ means— 

14 (A) the Great Northern Properties Limited 

15 Partnership, which is a Delaware limited part16 nership; and 

17 (B) any successor to the ownership interest 

18 of Great Northern Properties in any coal or iron 

19 that underlies the Cheyenne tracts. 

20 (4) RESERVATION.—The term ‘‘Reservation’’ 

21 means the Northern Cheyenne Reservation. 

22 (5) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of the Interior. 

24 (6) STATE.—The term ‘‘State’’ means the State 

25 of Montana. 


srobinson on DSK4SPTVN1PROD with BILLS
8 

•HR 1158 RH

1 (7) TRIBE.—The term ‘‘Tribe’’ means the North2 ern Cheyenne Tribe. 

3 SEC. 4. MINERAL RIGHTS CONVEYANCES. 

4 (a) IN GENERAL.—Notwithstanding any other Federal 

5 law (including regulations) that otherwise applies to the 

6 conveyance of any Federal coal right, title, or interest, if 

7 Great Northern Properties conveys to the Tribe all mineral 

8 interests of Great Northern Properties underlying the Chey9 enne tracts in accordance with this Act, the Secretary shall 

10 convey to Great Northern Properties all right, title, and in11 terest of the United States in and to the coal underlying 

12 the Federal tracts. 

13 (b) IMMUNITIES.—The mineral interests underlying 

14 the Cheyenne tracts conveyed to the Tribe under subsection 

15 (a) shall not be subject to taxation by the State (including 

16 any political subdivision of the State). 

17 SEC. 5. TERMS AND CONDITIONS OF MINERAL CONVEY18 ANCES. 

19 (a) WAIVER OF LEGAL CLAIMS.—In return for the 

20 mineral conveyances under section 4(a), the Tribe shall 

21 waive any and all claims arising from the continuing fail22 ure of the United States to acquire in trust for the Tribe 

23 as part of the Reservation the mineral rights underlying 

24 approximately 5,000 acres of Reservation land (the Chey25 enne Tracts) as directed by Congress in 1900. 


srobinson on DSK4SPTVN1PROD with BILLS
9 

•HR 1158 RH

1 (b) CONDITION.—As a condition of the mineral convey2 ances by the Secretary under section 4(a), the Tribe and 

3 Great Northern Properties shall jointly notify the Secretary 

4 in writing that the Tribe and Great Northern Properties 

5 have agreed on a formula for the sharing of revenue from 

6 coal produced from any portion of the Federal tracts. 

7 (c) COMPLETION OF MINERAL CONVEYANCES.—Not8 withstanding any other Federal law (including regulations) 

9 that otherwise applies to the conveyance of any Federal coal 

10 right, title, or interest, after satisfaction of the condition 

11 described in subsection (b) and not later than 90 days after 

12 the date on which the Secretary receives written notification 

13 under subsection (b), the mineral conveyances under section 

14 4(a) shall be completed in a single transaction. 

15 (d) RESCISSION OF MINERAL CONVEYANCES.— 

16 (1) IN GENERAL.—If any portion of the mineral 

17 conveyances under section 4(a) is invalidated by a 

18 Federal district court, and the judgment of the Fed19 eral district court is not vacated or reversed on ap20 peal, the Secretary or Great Northern Properties may 

21 rescind completely each mineral conveyance under 

22 section 4(a). 

23 (2) EFFECT.—If the Secretary or Great Northern 

24 Properties carries out a rescission under paragraph 


srobinson on DSK4SPTVN1PROD with BILLS
10 

•HR 1158 RH

1 (1), the waiver of the Tribe under subsection (a) shall 

2 be considered to be rescinded. 

3 SEC. 6. ELIGIBILITY FOR OTHER FEDERAL BENEFITS. 

4 No benefits provided to the Tribe under this Act shall 

5 result in the reduction or denial of any Federal services, 

6 benefits, or programs to the Tribe or to any member of the 

7 Tribe to which the Tribe or member is entitled or eligible 

8 because of— 

9 (1) the status of the Tribe as a federally recog10 nized Indian tribe; or 

11 (2) the status of the member as a member of the 

12 Tribe. 


srobinson on DSK4SPTVN1PROD with BILLS

srobinson on DSK4SPTVN1PROD with BILLS
Union Calendar No. 199 

112TH CONGRESS 

1ST SESSION H. R. 1158 

[Report No. 112–299] 

A BILL 

To authorize the conveyance of mineral rights by 

tana, and for other purposes. the Secretary of the Interior in the State of MonDECEMBER 1, 2011 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


srobinson on DSK4SPTVN1PROD with BILLS