118TH CONGRESS 

2D SESSION S. 1088 

AN ACT 

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, 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, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘North Dakota Trust 

3 Lands Completion Act of 2023’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) NORTH DAKOTA ENABLING ACT.—The term 

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

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

9 (2) RESERVATION.—The term ‘‘reservation’’ 

10 means any Indian reservation located wholly or par11 tially within the State of North Dakota and recog12 nized under United States treaty, Executive order, 

13 or Act of Congress. 

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

15 the Secretary of the Interior. 

16 (4) STATE.—The term ‘‘State’’ means the State 

17 of North Dakota, acting through the North Dakota 

18 Board of University and School Lands and its agent, 

19 the Department of Trust Lands. 

20 (5) STATE LAND GRANT PARCEL.—The term 

21 ‘‘State land grant parcel’’ means— 

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

23 of North Dakota by Congress— 

24 (i) on statehood; or 

25 (ii) through a grant pursuant to the 

26 North Dakota Enabling Act; 
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1 (B) a section of land numbered 16 or 36 

2 granted to the State of North Dakota by Con3 gress for school purposes; 

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

5 of North Dakota as indemnity for any section 

6 of land numbered 16 or 36; and 

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

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

9 obtained by the State after statehood. 

10 (6) UNAPPROPRIATED FEDERAL LAND.— 

11 (A) IN GENERAL.—The term ‘‘unappropri12 ated Federal land’’ means public land adminis13 tered by the Bureau of Land Management lo14 cated within the State of North Dakota, includ15 ing public land that is mineral in character. 

16 (B) EXCLUSIONS.—The term ‘‘unappropri17 ated Federal land’’ does not include— 

18 (i) land (including an interest in land) 

19 acquired by the Bureau of Land Manage20 ment; 

21 (ii) any area of critical environmental 

22 concern established pursuant to section 

23 202(c)(3) of the Federal Land Policy and 

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

25 1712(c)(3)); or 
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1 (iii) land that is— 

2 (I) withdrawn from— 

3 (aa) entry, appropriation, or 

4 disposal under the public land 

5 laws; 

6 (bb) location, entry, and 

7 patent under the mining laws; or 

8 (cc) disposition under all 

9 laws pertaining to mineral and 

10 geothermal leasing or mineral 

11 materials; 

12 (II) located within a component 

13 of the National Landscape Conserva14 tion System; 

15 (III) designated as a Research 

16 Natural Area; 

17 (IV) located within any reserva18 tion; 

19 (V) located within— 

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

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

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

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

24 (VI) located within a United 

25 States military reservation; or 
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1 (VII) designated by Congress or 

2 the President for conservation pur3 poses. 

4 SEC. 3. RELINQUISHMENT AND SELECTION; CONVEYANCE. 

5 (a) RELINQUISHMENT AND SELECTION.— 

6 (1) IN GENERAL.—Subject to valid existing 

7 rights, if the State elects to relinquish all right, title, 

8 and interest of the State in and to a State land 

9 grant parcel located wholly or partially within the 

10 boundaries of any reservation, the Secretary shall 

11 authorize the State to select in accordance with this 

12 Act 1 or more parcels of unappropriated Federal 

13 land of substantially equivalent value. 

14 (2) APPROVAL.—Not later than 180 days after 

15 the date on which the State makes a selection under 

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

17 in whole or in part, the selection. 

18 (3) REVIEW.—Nothing in this subsection pre19 cludes the Secretary from conducting an environ20 mental review of any parcel proposed for relinquish21 ment under paragraph (1) if the Secretary deter22 mines that an environmental review is appropriate. 

23 (b) CONVEYANCE.— 

24 (1) CONVEYANCE BY SECRETARY.— 
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1 (A) IN GENERAL.—Not later than 60 days 

2 after the date on which the Secretary approves 

3 a State selection of unappropriated Federal 

4 land under subsection (a)(2), the Secretary 

5 shall initiate the actions necessary to convey to 

6 the State the unappropriated Federal land. 

7 (B) REQUIREMENTS.—Conveyance of un8 appropriated Federal land by the Secretary 

9 under this Act— 

10 (i) shall be by patent or deed in a 

11 form acceptable to the State and the Sec12 retary; and 

13 (ii) shall not be considered a sale, ex14 change, or conveyance for purposes of sec15 tion 203, 205, 206, or 209 of the Federal 

16 Land Policy and Management Act of 1976 

17 (43 U.S.C. 1713, 1715, 1716, 1719). 

18 (2) RELINQUISHMENT AND CONVEYANCE BY

19 STATE.— 

20 (A) IN GENERAL.—As consideration for 

21 the conveyance of unappropriated Federal land 

22 under paragraph (1), on the date on which the 

23 unappropriated Federal land is conveyed to the 

24 State, the State shall concurrently relinquish 

25 and convey to the Secretary all right, title, and 
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1 interest of the State in and to the State land 

2 grant parcel identified for relinquishment under 

3 subsection (a)(1). 

4 (B) TITLE.—The State shall convey to the 

5 Secretary title, free of any financial claims, li6 abilities, or other financial encumbrances, to all 

7 parcels relinquished under subparagraph (A). 

8 (C) LIMITATION.—Relinquishment and 

9 conveyance by the State of a State land grant 

10 parcel under this Act shall not be considered an 

11 exchange or acquisition for purposes of section 

12 205 or 206 of the Federal Land Policy and 

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

14 1716). 

15 (c) SUCCESSION TO RIGHTS AND OBLIGATIONS.— 

16 Each party to which land is conveyed under this Act shall, 

17 to the fullest extent allowable under Federal and State 

18 law, succeed to the rights and obligations of the conveying 

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

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

21 (d) MANAGEMENT AFTER RELINQUISHMENT.— 

22 (1) 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 (2) 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 affected Indian Tribes, including the Indian 

14 Tribe the land of which is subject to conveyance in 

15 accordance with Executive Order 13175 (25 U.S.C. 

16 5301 note; relating to consultation and coordination 

17 with Indian tribal governments) and other applicable 

18 laws. 

19 (e) WITHDRAWAL.— 

20 (1) IN GENERAL.—Subject to valid rights in ex21 istence on the date of enactment of this Act, all un22 appropriated Federal land selected by the State for 

23 conveyance under this Act, effective beginning on 

24 the date on which the State makes the selection and 
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1 ending on the date described in paragraph (2), is 

2 withdrawn from all forms of— 

3 (A) entry, appropriation, or disposal under 

4 the public land laws; 

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

6 mining laws; and 

7 (C) disposition under all laws pertaining to 

8 mineral and geothermal leasing or mineral ma9 terials. 

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

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

12 (A) the unappropriated Federal land is 

13 conveyed by the Secretary to the State; 

14 (B) the Secretary rejects the selection 

15 under subsection (a)(2); or 

16 (C) the State withdraws the selection. 

17 SEC. 4. VALUATION. 

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

19 grant parcel conveyed under this Act in consideration for 

20 a parcel of unappropriated Federal land selected in ac21 cordance with this Act— 

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

23 parcel and the overall value of the parcel of unap24 propriated Federal land shall be substantially equal; 

25 or 
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1 (2) subject to subsection (c), if the overall value 

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

3 parcel of lesser value shall— 

4 (A) equalize the value by the payment of 

5 funds to the other party; or 

6 (B) enter the imbalance in value on a ledg7 er account in accordance with subsection (e). 

8 (b) APPRAISAL REQUIRED.— 

9 (1) IN GENERAL.—Except as provided in sub10 section (d), the value of the unappropriated Federal 

11 land selected in accordance with this Act and the 

12 value of a State land grant parcel conveyed under 

13 this Act shall be determined by appraisals conducted 

14 by 1 or more independent appraisers selected jointly 

15 by the Secretary and the State. 

16 (2) REQUIREMENTS.—An appraisal under para17 graph (1) shall be completed in accordance with— 

18 (A) the Uniform Appraisal Standards for 

19 Federal Land Acquisitions; or 

20 (B) subject to subsection (d)(1), the Uni21 form Standards for Professional Appraisal 

22 Practice. 

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

24 the Secretary of a State land grant parcel of lesser value 

25 than the parcel of unappropriated Federal land to be con-
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1 veyed to the State under this Act, the total value of the 

2 equalization payment described in subsection (a)(2)(A) or 

3 the ledger entry described in subsection (e), as applicable, 

4 may not exceed 25 percent of the total value of the parcel 

5 of unappropriated Federal land. 

6 (d) LOW VALUE PARCELS.— 

7 (1) IN GENERAL.—The Secretary, with the con8 sent of the State, may use mass appraisals, a sum9 mary appraisal, or a statement of value made by a 

10 qualified appraiser carried out in accordance with 

11 the Uniform Standards for Professional Appraisal 

12 Practice to determine the value of a State land 

13 grant parcel or a parcel of unappropriated Federal 

14 land to be conveyed under this Act instead of an ap15 praisal that complies with the Uniform Appraisal 

16 Standards for Federal Land Acquisitions if the 

17 State and the Secretary agree that market value of 

18 the State land grant parcel or parcel of unappropri19 ated Federal land, as applicable, is— 

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

21 (B) less than $500 per acre. 

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

23 parcel of unappropriated Federal land may not be 

24 artificially divided in order to qualify for a summary 
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1 appraisal, mass appraisal, or statement of value 

2 under paragraph (1). 

3 (e) LEDGER ACCOUNTS.— 

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

5 grant parcel conveyed under this Act in consider6 ation for a parcel of unappropriated Federal land, if 

7 the overall value of the parcels is not equal, the Sec8 retary and the State may agree to use a ledger ac9 count to make equal the value. 

10 (2) IMBALANCES.—A ledger account described 

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

12 be reconciled in a subsequent transaction. 

13 (3) ACCOUNT BALANCING.—Each ledger ac14 count described in paragraph (1) shall be— 

15 (A) balanced not later than 3 years after 

16 the date on which the ledger account is estab17 lished; and 

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

19 date of the last conveyance of land under this 

20 Act. 

21 (4) COSTS.— 

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

23 State may assume costs or other responsibilities 

24 or requirements for conveying land under this 
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1 Act that ordinarily are borne by the other 

2 party. 

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

4 State assume costs or other responsibilities 

5 under subparagraph (A), the Secretary or the 

6 State shall make adjustments to the value of 

7 the unappropriated Federal land conveyed to 

8 the State to compensate the Secretary or the 

9 State, as applicable, for assuming the costs or 

10 other responsibilities. 

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

12 any parcel of unappropriated Federal land that has 

13 been selected by the State because of the presence 

14 of minerals under a lease entered into under the 

15 Mineral Leasing Act (30 U.S.C. 181 et seq.) that is 

16 in a producing or producible status, and the lease is 

17 to be conveyed under this Act, the value of the par18 cel shall be reduced by the amount that represents 

19 the likely Federal revenue sharing obligation under 

20 the Mineral Leasing Act (30 U.S.C. 181 et seq.) 

21 with the State, but the adjustment shall not be con22 sidered as reflecting a property right of the State. 
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1 SEC. 5. MISCELLANEOUS. 

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

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

4 and Tribal law. 

5 (b) PROTECTION OF INDIAN RIGHTS.— 

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

7 modifies, limits, expands, or otherwise affects any 

8 treaty-reserved right or other right of any Indian 

9 Tribe recognized by any other means, including trea10 ties or agreements with the United States, Executive 

11 orders, statutes, regulations, or case law. 

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

13 Nothing in this Act affects— 

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

15 United States as of the date of enactment of 

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

17 Indian Tribe; or 

18 (B) any individual Indian allotment. 

19 (c) HAZARDOUS MATERIALS.— 

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

21 shall make available for review and inspection any 

22 record relating to hazardous materials on land to be 

23 conveyed under this Act. 

24 (2) CERTIFICATION.— 

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

26 conveyance of unappropriated Federal land 
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1 under this Act, the Secretary shall complete an 

2 inspection and a hazardous materials certifi3 cation of the land to be conveyed. 

4 (B) STATE LAND GRANT PARCELS.—Prior 

5 to completing a conveyance of a State land 

6 grant parcel under this Act, the State shall 

7 complete an inspection and a hazardous mate8 rials certification of the land to be conveyed. 

9 (d) GRAZING PERMITS.— 

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

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

12 grazing of domestic livestock in effect on the date of 

13 the conveyance, the Secretary or the State, as appli14 cable, shall allow the grazing to continue for the re15 mainder of the term of the lease, permit, or con16 tract, subject to the related terms and conditions of 

17 the user agreements, including permitted stocking 

18 rates, grazing fee levels, access, and ownership and 

19 use of range improvements. 

20 (2) CANCELLATION.— 

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

22 prevents the Secretary or the State from can23 celing or modifying a grazing permit, lease, or 

24 contract if the land subject to the permit, lease, 
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1 or contract is sold, conveyed, transferred, or 

2 leased for nongrazing purposes. 

3 (B) BASE PROPERTIES.—If land conveyed 

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

5 permittee or lessee to meet the base property 

6 requirements for a Federal grazing permit or 

7 lease, the land shall continue to qualify as a 

8 base property for the remaining term of the 

9 lease or permit and the term of any renewal or 

10 extension of the lease or permit. 

11 (C) RANGE IMPROVEMENTS.—Nothing in 

12 this Act prohibits a holder of a grazing lease, 

13 permit, or contract from being compensated for 

14 range improvements pursuant to the terms of 

15 the lease, permit, or contract under existing 

16 Federal or State laws. 

17 SEC. 6. SAVINGS CLAUSE. 

18 Nothing in this Act applies to or affects litigation or 

19 disputes pending on the date of enactment of this Act re-
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1 garding the ownership of any land or mineral resources 

2 located within the State of North Dakota. 

Passed the Senate December 18 (legislative day, December 16), 2024. 

Attest: 

Secretary. 
118TH CONGRESS 

2D SESSION S. 1088 

AN ACT 

To authorize the relinquishment and in lieu selecother purposes. Tribes within the State of North Dakota, and for Dakota, to restore land and minerals to Indian tion of land and minerals in the State of North