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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1088 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 276
118th CONGRESS
  1st Session
                                S. 1088

                          [Report No. 118-132]

   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.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 30, 2023

  Mr. Hoeven (for himself, Mr. Cramer, and Mr. Lujan) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

                           December 12, 2023

               Reported by Mr. Manchin, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``North Dakota Trust Lands 
Completion Act of 2023''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) in 1889, Congress enacted the North Dakota 
        Enabling Act ``to provide for the division of Dakota into two 
        States and to enable the people of North Dakota, South Dakota, 
        Montana, and Washington to form constitutions and State 
        governments and to be admitted into the Union on an equal 
        footing with the original States, and to make donations of 
        public lands to such States'';</DELETED>
        <DELETED>    (2) section 10 of the North Dakota Enabling Act 
        (25 Stat. 679, chapter 180)--</DELETED>
                <DELETED>    (A) with certain exceptions, granted 
                sections 16 and 36 in every township to the new States 
                of North Dakota, South Dakota, Montana, and Washington 
                ``for the support of common schools''; and</DELETED>
                <DELETED>    (B) in cases where portions of sections 16 
                and 36 had been reserved, granted, or sold prior to 
                those States attaining statehood, authorized indemnity 
                or ``in lieu'' selections;</DELETED>
        <DELETED>    (3) the State of North Dakota was granted land and 
        minerals totaling more than 2,500,000 acres under the North 
        Dakota Enabling Act;</DELETED>
        <DELETED>    (4) the North Dakota Enabling Act provided further 
        land grants to the State of North Dakota for the support of 
        colleges, universities, the State capitol, and other public 
        institutions;</DELETED>
        <DELETED>    (5) prior to the enactment of the North Dakota 
        Enabling Act, the United States, through treaties and Executive 
        orders, including the Treaty between the United States of 
        America and the Mandan, Hidatsa, Arikara, and other Tribal 
        Nations, made and concluded at Fort Laramie September 17, 1851 
        (11 Stat. 749), the Treaty between the United States of America 
        and the Sisseton and Wahpeton Bands of Dakota or Sioux Indians, 
        made and concluded at Washington February 19, 1867 (15 Stat. 
        505), the Treaty between the United States of America and 
        different Tribes of Sioux Indians, made and concluded at Fort 
        Laramie April 29, 1868 (15 Stat. 635), and the Executive order 
        of April 12, 1870, established several reservations of land for 
        multiple Indian Tribes located in the State of North 
        Dakota;</DELETED>
        <DELETED>    (6) authorizing the State to relinquish the State 
        land grant parcels located within the reservations and to 
        select other Federal land or minerals in lieu of the 
        relinquished State land grant parcels will--</DELETED>
                <DELETED>    (A) fulfill the promise of land and 
                minerals to the State; and</DELETED>
                <DELETED>    (B) provide to Indian Tribes greater 
                Tribal sovereignty and control of land and minerals 
                within the reservations; and</DELETED>
        <DELETED>    (7) Congress should authorize the State--
        </DELETED>
                <DELETED>    (A) to relinquish the land and minerals 
                located within the reservations; and</DELETED>
                <DELETED>    (B) to select in lieu of the relinquished 
                land other Federal land or minerals in the State of 
                North Dakota of equal value.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Federal land.--The term ``Federal land'' means 
        public land and minerals located within the State of North 
        Dakota, including public land that is mineral in 
        character.</DELETED>
        <DELETED>    (2) North dakota enabling act.--The term ``North 
        Dakota Enabling Act'' means the Act of February 22, 1889 (25 
        Stat. 676, chapter 180).</DELETED>
        <DELETED>    (3) Public land.--The term ``public land'' has the 
        meaning given the term ``public lands'' in section 103 of the 
        Federal Land Policy and Management Act of 1976 (43 U.S.C. 
        1702).</DELETED>
        <DELETED>    (4) Reservation.--The term ``reservation'' means 
        any Indian reservation located wholly or partially within the 
        State of North Dakota and recognized under United States 
        treaty, Executive order, or Act of Congress.</DELETED>
        <DELETED>    (5) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (6) State.--The term ``State'' means the State of 
        North Dakota, acting through the North Dakota Board of 
        University and School Lands and its agent, the Department of 
        Trust Lands.</DELETED>
        <DELETED>    (7) State land grant parcel.--The term ``State 
        land grant parcel'' means--</DELETED>
                <DELETED>    (A) a parcel of land granted to the State 
                of North Dakota by Congress--</DELETED>
                        <DELETED>    (i) on statehood; or</DELETED>
                        <DELETED>    (ii) through a grant pursuant to 
                        the North Dakota Enabling Act;</DELETED>
                <DELETED>    (B) a section of land numbered 16 or 36 
                granted to the State of North Dakota by Congress for 
                school purposes;</DELETED>
                <DELETED>    (C) a parcel of land selected by the State 
                of North Dakota as indemnity for any section of land 
                numbered 16 or 36; and</DELETED>
                <DELETED>    (D) a parcel of land other than a parcel 
                of land described in subparagraph (A), (B), or (C) 
                obtained by the State after statehood.</DELETED>
        <DELETED>    (8) Unappropriated federal land.--</DELETED>
                <DELETED>    (A) In general.--The term ``unappropriated 
                Federal land'' means Federal land under the management 
                and control of the Bureau of Land Management and 
                located within the State of North Dakota.</DELETED>
                <DELETED>    (B) Exclusions.--The term ``unappropriated 
                Federal land'' does not include--</DELETED>
                        <DELETED>    (i) surface interests acquired by 
                        the Bureau of Land Management;</DELETED>
                        <DELETED>    (ii) any area of critical 
                        environmental concern established pursuant to 
                        section 202(c)(3) of the Federal Land Policy 
                        and Management Act of 1976 (43 U.S.C. 
                        1712(c)(3)); or</DELETED>
                        <DELETED>    (iii) land that is--</DELETED>
                                <DELETED>    (I) withdrawn from public 
                                entry;</DELETED>
                                <DELETED>    (II) located within a unit 
                                of the National Park System;</DELETED>
                                <DELETED>    (III) located within any 
                                reservation;</DELETED>
                                <DELETED>    (IV) located within--
                                </DELETED>
                                        <DELETED>    (aa) T. 147 N., R. 
                                        95 W.;</DELETED>
                                        <DELETED>    (bb) T. 148 N., R. 
                                        95 W.;</DELETED>
                                        <DELETED>    (cc) T. 148 N., R. 
                                        96 W.; or</DELETED>
                                        <DELETED>    (dd) T. 149 N., R. 
                                        95 W.;</DELETED>
                                <DELETED>    (V) located within a 
                                United States military reservation; 
                                or</DELETED>
                                <DELETED>    (VI) designated by 
                                Congress or the President for 
                                conservation purposes.</DELETED>

<DELETED>SEC. 4. RELINQUISHMENT AND SELECTION; CONVEYANCE.</DELETED>

<DELETED>    (a) Relinquishment and Selection.--</DELETED>
        <DELETED>    (1) In general.--Subject to valid existing rights, 
        if the State elects to relinquish all right, title, and 
        interest of the State in and to a State land grant parcel 
        located wholly or partially within the boundaries of any 
        reservation, the Secretary shall authorize the State to select 
        in accordance with this Act 1 or more parcels of unappropriated 
        Federal land of substantially equivalent value within the State 
        of North Dakota.</DELETED>
        <DELETED>    (2) Approval.--Not later than 90 days after the 
        date on which the State makes a selection under paragraph (1), 
        the Secretary shall approve or reject, in whole or in part, the 
        selection.</DELETED>
<DELETED>    (b) Conveyance.--</DELETED>
        <DELETED>    (1) Conveyance by secretary.--</DELETED>
                <DELETED>    (A) In general.--Not later than 60 days 
                after the date on which the Secretary approves a State 
                selection of unappropriated Federal land under 
                subsection (a)(2), the Secretary shall initiate the 
                actions necessary to convey to the State the 
                unappropriated Federal land.</DELETED>
                <DELETED>    (B) Requirements.--Conveyance of Federal 
                land by the Secretary under this Act--</DELETED>
                        <DELETED>    (i) shall be by clear list, 
                        patent, or deed acceptable to the State; 
                        and</DELETED>
                        <DELETED>    (ii) shall not be considered a 
                        sale, exchange, or conveyance under section 
                        203, 205, 206, or 209 of the Federal Land 
                        Policy and Management Act of 1976 (43 U.S.C. 
                        1713, 1715, 1716, 1719).</DELETED>
        <DELETED>    (2) Relinquishment and conveyance by state.--
        </DELETED>
                <DELETED>    (A) In general.--As consideration for the 
                conveyance of Federal land under paragraph (1), on the 
                date on which the Federal land is conveyed to the 
                State, the State shall concurrently relinquish and 
                convey to the Secretary all right, title, and interest 
                of the State in and to the State land grant parcel 
                identified for relinquishment under subsection 
                (a)(1).</DELETED>
                <DELETED>    (B) Title.--The State shall convey to the 
                Secretary title, free of any financial claims, 
                liabilities, or other financial encumbrances, to all 
                parcels relinquished under subparagraph (A).</DELETED>
                <DELETED>    (C) Limitation.--Relinquishment and 
                conveyance by the State of a State land grant parcel 
                under this Act shall not be considered an exchange or 
                acquisition for purposes of section 205 or 206 of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1715, 1716).</DELETED>
<DELETED>    (c) Succession to Rights and Obligations.--Each party to 
which land is conveyed under this Act shall, to the fullest extent 
allowable under Federal and State law, succeed to the rights and 
obligations of the conveying party with respect to any lease, right-of-
way, permit, or other valid existing right to which the land is 
subject.</DELETED>
<DELETED>    (d) Management After Relinquishment.--</DELETED>
        <DELETED>    (1) Reservation.--If a State land grant parcel 
        relinquished by the State and conveyed to the Secretary under 
        this Act is located wholly or partially within the boundaries 
        of any reservation, on request of the applicable Indian Tribe, 
        the portion of the State land grant parcel located within the 
        boundaries of the reservation shall be--</DELETED>
                <DELETED>    (A) taken into trust by the Secretary on 
                behalf of, and for the benefit of, the Indian Tribe on 
                the date of the conveyance; and</DELETED>
                <DELETED>    (B) considered to be a part of the 
                reservation of the Indian Tribe.</DELETED>
        <DELETED>    (2) Consultation required.--Prior to the 
        conveyance of a State land grant parcel located wholly or 
        partially within the boundaries of any reservation, the State 
        and the Secretary shall consult with the Indian Tribe the land 
        of which is subject to conveyance in accordance with Executive 
        Order 13175 (25 U.S.C. 5301 note; relating to consultation and 
        coordination with Indian tribal governments).</DELETED>
<DELETED>    (e) Special Rules for Mineral Land.--</DELETED>
        <DELETED>    (1) Definition of unappropriated federal land 
        subject to a lease or permit.--In this subsection, the term 
        ``unappropriated Federal land subject to a lease or permit'' 
        means unappropriated Federal land subject to a mineral lease or 
        permit that is--</DELETED>
                <DELETED>    (A) issued under the Mineral Leasing Act 
                (30 U.S.C. 181 et seq.); and</DELETED>
                <DELETED>    (B) in a producing or producible status 
                during the 10-year period following the date of 
                enactment of this Act.</DELETED>
        <DELETED>    (2) Selection of mineral land.--The State may 
        select, and the Secretary may convey, unappropriated Federal 
        land that is mineral in character under subsection (b) on the 
        condition that, except as provided in paragraph (3)(A), if the 
        selected land is unappropriated Federal land subject to a lease 
        or permit--</DELETED>
                <DELETED>    (A) the Secretary shall reserve an 
                overriding interest in the portion of the mineral 
                estate that is comprised of minerals subject to leasing 
                under the Mineral Leasing Act (30 U.S.C. 181 et seq.); 
                and</DELETED>
                <DELETED>    (B) such a selection shall not include any 
                portion of the mineral lease or permit.</DELETED>
        <DELETED>    (3) Conveyance of mineral estate.--</DELETED>
                <DELETED>    (A) In general.--If the State selects 
                unappropriated Federal land subject to a lease or 
                permit under paragraph (2), on the option of the 
                State--</DELETED>
                        <DELETED>    (i) the Secretary may convey with 
                        the surface interest in the land the interest 
                        in the mineral estate that is comprised of 
                        minerals subject to leasing under the Mineral 
                        Leasing Act (30 U.S.C. 181 et seq.); 
                        and</DELETED>
                        <DELETED>    (ii) all Federal mining claims 
                        over the land shall be converted to State 
                        leases in accordance with this 
                        paragraph.</DELETED>
                <DELETED>    (B) Mining claims.--To facilitate the 
                conversion of Federal mining claims to State leases 
                under subparagraph (A), a Federal mining claimant may 
                file with the Secretary a voluntary relinquishment of 
                the Federal mining claim conditioned on--</DELETED>
                        <DELETED>    (i) conveyance of the land to the 
                        State; and</DELETED>
                        <DELETED>    (ii) the conversion of the Federal 
                        mining claim to a State lease.</DELETED>
                <DELETED>    (C) Obligations under federal law.--Until 
                the date on which the land is conveyed to the State 
                under subparagraph (A), a Federal mining claimant shall 
                be subject to any obligations relating to the land 
                under Federal law.</DELETED>
                <DELETED>    (D) No relinquishment.--If the land 
                previously encumbered by the relinquished Federal 
                mining claim is not conveyed to the State under 
                subparagraph (A), the relinquishment of land under 
                subparagraph (B) shall have no effect.</DELETED>
                <DELETED>    (E) Rights-of-way; other interest.--On 
                conveyance to the State of land encumbered by a 
                relinquished Federal mining claim under this paragraph, 
                the State shall assume authority over any leases, 
                licenses, permits, rights-of-way, operating plans, 
                other land use authorizations, or reclamation 
                obligations applicable to the relinquished Federal 
                mining claim on the date of conveyance.</DELETED>
                <DELETED>    (F) Valuation.--If a Federal mining 
                claimant does not voluntarily relinquish under 
                subparagraph (B) a Federal mining claim on land 
                conveyed to the State, the Secretary shall take into 
                account the encumbrance represented by the claim in 
                determining the value of the land under section 
                5(b).</DELETED>
<DELETED>    (f) Withdrawal.--</DELETED>
        <DELETED>    (1) In general.--Subject to valid rights in 
        existence on the date of enactment of this Act, all Federal 
        land selected by the State for conveyance under this Act, 
        effective beginning on the date on which the State makes the 
        selection and ending on the date described in paragraph (2), is 
        withdrawn from all forms of--</DELETED>
                <DELETED>    (A) entry, appropriation, or disposal 
                under the public land laws;</DELETED>
                <DELETED>    (B) location, entry, and patent under the 
                mining laws; and</DELETED>
                <DELETED>    (C) disposition under all laws pertaining 
                to mineral and geothermal leasing or mineral 
                materials.</DELETED>
        <DELETED>    (2) Date described.--The date referred to in 
        paragraph (1) is the date on which, as applicable--</DELETED>
                <DELETED>    (A) the Federal land is conveyed by the 
                Secretary to the State;</DELETED>
                <DELETED>    (B) the Secretary rejects the selection 
                under subsection (a)(2); or</DELETED>
                <DELETED>    (C) the State withdraws the 
                selection.</DELETED>

<DELETED>SEC. 5. VALUATION.</DELETED>

<DELETED>    (a) Equal Value.--With respect to a State land grant 
parcel conveyed under this Act in consideration for a parcel of Federal 
land selected in accordance with this Act--</DELETED>
        <DELETED>    (1) the overall value of the State land grant 
        parcel and the overall value of the parcel of Federal land 
        shall be substantially equal; or</DELETED>
        <DELETED>    (2) subject to subsection (c), if the overall 
        value of the parcels is not equal, the party conveying the 
        parcel of lesser value shall--</DELETED>
                <DELETED>    (A) equalize the value by the payment of 
                funds to the other party; or</DELETED>
                <DELETED>    (B) enter the imbalance in value on a 
                ledger account in accordance with subsection 
                (e).</DELETED>
<DELETED>    (b) Appraisal Required.--Except as provided in subsection 
(d), the Secretary shall determine the value of a State land grant 
parcel and a parcel of Federal land to be conveyed under this Act 
through an appraisal completed in accordance with--</DELETED>
        <DELETED>    (1) the Uniform Appraisal Standards for Federal 
        Land Acquisitions; or</DELETED>
        <DELETED>    (2) subject to subsection (d)(1), the Uniform 
        Standards for Professional Appraisal Practice.</DELETED>
<DELETED>    (c) Equalization.--With respect to a conveyance to the 
Secretary of a State land grant parcel of lesser value than the parcel 
of Federal land to be conveyed to the State under this Act, the total 
value of the equalization payment described in subsection (a)(2)(A) or 
the ledger entry described in subsection (e), as applicable, may not 
exceed 25 percent of the total value of the parcel of Federal 
land.</DELETED>
<DELETED>    (d) Low Value Parcels.--</DELETED>
        <DELETED>    (1) In general.--The Secretary, with the consent 
        of the State, may use mass appraisals, a summary appraisal, or 
        a statement of value made by a qualified appraiser carried out 
        in accordance with the Uniform Standards for Professional 
        Appraisal Practice to determine the value of a State land grant 
        parcel or a parcel of Federal land to be conveyed under this 
        Act instead of an appraisal that complies with the Uniform 
        Appraisal Standards for Federal Land Acquisitions if the State 
        and the Secretary agree that market value of the State land 
        grant parcel or parcel of Federal land, as applicable, is--
        </DELETED>
                <DELETED>    (A) less than $500,000; and</DELETED>
                <DELETED>    (B) less than $500 per acre.</DELETED>
        <DELETED>    (2) Division.--A State land grant parcel or a 
        parcel of Federal land may not be artificially divided in order 
        to qualify for a summary appraisal, mass appraisal, or 
        statement of value under paragraph (1).</DELETED>
<DELETED>    (e) Ledger Accounts.--</DELETED>
        <DELETED>    (1) In general.--With respect to a State land 
        grant parcel conveyed under this Act in consideration for a 
        parcel of Federal land, if the overall value of the parcels is 
        not equal, the Secretary and the State may agree to use a 
        ledger account to make equal the value.</DELETED>
        <DELETED>    (2) Imbalances.--A ledger account described in 
        paragraph (1) shall reflect imbalances in value to be 
        reconciled in a subsequent transaction.</DELETED>
        <DELETED>    (3) Account balancing.--Each ledger account 
        described in paragraph (1) shall be--</DELETED>
                <DELETED>    (A) balanced not later than 3 years after 
                the date on which the ledger account is established; 
                and</DELETED>
                <DELETED>    (B) closed not later than 5 years after 
                the date of the last conveyance of land under this 
                Act.</DELETED>
        <DELETED>    (4) Costs.--</DELETED>
                <DELETED>    (A) In general.--The Secretary or the 
                State may assume costs or other responsibilities or 
                requirements for conveying land under this Act that 
                ordinarily are borne by the other party.</DELETED>
                <DELETED>    (B) Adjustment.--If the Secretary or the 
                State assume costs or other responsibilities under 
                subparagraph (A), the Secretary or the State shall make 
                adjustments to the value of the Federal land conveyed 
                to the State to compensate the Secretary or the State, 
                as applicable, for assuming the costs or other 
                responsibilities.</DELETED>
        <DELETED>    (5) Mineral land.--If value is attributed to any 
        parcel of Federal land that has been selected by the State 
        because of the presence of minerals under a lease entered into 
        under the Mineral Leasing Act (30 U.S.C. 181 et seq.) that is 
        in a producing or producible status, and the lease is to be 
        conveyed under this Act, the value of the parcel shall be 
        reduced by the amount that represents the likely Federal 
        revenue sharing obligation under the Mineral Leasing Act (30 
        U.S.C. 181 et seq.) with the State, but the adjustment shall 
        not be considered as reflecting a property right of the 
        State.</DELETED>

<DELETED>SEC. 6. MISCELLANEOUS.</DELETED>

<DELETED>    (a) In General.--Land or minerals conveyed under this Act 
shall be subject to all applicable Federal, State, and Tribal 
law.</DELETED>
<DELETED>    (b) Protection of Indian Rights.--</DELETED>
        <DELETED>    (1) Treaty rights.--Nothing in this Act modifies, 
        limits, expands, or otherwise affects any treaty-reserved right 
        or other right of any Indian Tribe recognized by any other 
        means, including treaties or agreements with the United States, 
        Executive orders, statutes, regulations, or case law.</DELETED>
        <DELETED>    (2) Land or minerals held in trust.--Nothing in 
        this Act affects--</DELETED>
                <DELETED>    (A) land or minerals held in trust by the 
                United States as of the date of enactment of this Act 
                on behalf of, and for the benefit of, any Indian Tribe; 
                or</DELETED>
                <DELETED>    (B) any individual Indian 
                allotment.</DELETED>
<DELETED>    (c) Hazardous Materials.--</DELETED>
        <DELETED>    (1) In general.--The Secretary and the State shall 
        make available for review and inspection any record relating to 
        hazardous materials on land to be conveyed under this 
        Act.</DELETED>
        <DELETED>    (2) Certification.--</DELETED>
                <DELETED>    (A) In general.--Prior to completing a 
                conveyance of Federal land under this Act, the 
                Secretary shall complete an inspection and a hazardous 
                materials certification of the land to be 
                conveyed.</DELETED>
                <DELETED>    (B) State land grant parcels.--Prior to 
                completing a conveyance of a State land grant parcel 
                under this Act, the State shall complete an inspection 
                and a hazardous materials certification of the land to 
                be conveyed.</DELETED>
<DELETED>    (d) Grazing Permits.--</DELETED>
        <DELETED>    (1) In general.--If land conveyed under this Act 
        is subject to a lease, permit, or contract for the grazing of 
        domestic livestock in effect on the date of the conveyance, the 
        Secretary or the State, as applicable, shall allow the grazing 
        to continue for the remainder of the term of the lease, permit, 
        or contract, subject to the related terms and conditions of the 
        user agreements, including permitted stocking rates, grazing 
        fee levels, access, and ownership and use of range 
        improvements.</DELETED>
        <DELETED>    (2) Cancellation.--</DELETED>
                <DELETED>    (A) In general.--Nothing in this Act 
                prevents the Secretary or the State from canceling or 
                modifying a grazing permit, lease, or contract if the 
                land subject to the permit, lease, or contract is sold, 
                conveyed, transferred, or leased for nongrazing 
                purposes.</DELETED>
                <DELETED>    (B) Base properties.--If land conveyed by 
                the State under this Act is used by a grazing permittee 
                or lessee to meet the base property requirements for a 
                Federal grazing permit or lease, the land shall 
                continue to qualify as a base property for the 
                remaining term of the lease or permit and the term of 
                any renewal or extension of the lease or 
                permit.</DELETED>
                <DELETED>    (C) Range improvements.--Nothing in this 
                Act prohibits a holder of a grazing lease, permit, or 
                contract from being compensated for range improvements 
                pursuant to the terms of the lease, permit, or contract 
                under existing Federal or State laws.</DELETED>

<DELETED>SEC. 7. SAVINGS CLAUSE.</DELETED>

<DELETED>    Nothing in this Act applies to or impacts the ownership of 
any land or mineral resources.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``North Dakota Trust Lands Completion 
Act of 2023''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) North dakota enabling act.--The term ``North Dakota 
        Enabling Act'' means the Act of February 22, 1889 (25 Stat. 
        676, chapter 180).
            (2) Reservation.--The term ``reservation'' means any Indian 
        reservation located wholly or partially within the State of 
        North Dakota and recognized under United States treaty, 
        Executive order, or Act of Congress.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) State.--The term ``State'' means the State of North 
        Dakota, acting through the North Dakota Board of University and 
        School Lands and its agent, the Department of Trust Lands.
            (5) State land grant parcel.--The term ``State land grant 
        parcel'' means--
                    (A) a parcel of land granted to the State of North 
                Dakota by Congress--
                            (i) on statehood; or
                            (ii) through a grant pursuant to the North 
                        Dakota Enabling Act;
                    (B) a section of land numbered 16 or 36 granted to 
                the State of North Dakota by Congress for school 
                purposes;
                    (C) a parcel of land selected by the State of North 
                Dakota as indemnity for any section of land numbered 16 
                or 36; and
                    (D) a parcel of land other than a parcel of land 
                described in subparagraph (A), (B), or (C) obtained by 
                the State after statehood.
            (6) Unappropriated federal land.--
                    (A) In general.--The term ``unappropriated Federal 
                land'' means public land administered by the Bureau of 
                Land Management located within the State of North 
                Dakota, including public land that is mineral in 
                character.
                    (B) Exclusions.--The term ``unappropriated Federal 
                land'' does not include--
                            (i) land (including an interest in land) 
                        acquired by the Bureau of Land Management;
                            (ii) any area of critical environmental 
                        concern established pursuant to section 
                        202(c)(3) of the Federal Land Policy and 
                        Management Act of 1976 (43 U.S.C. 1712(c)(3)); 
                        or
                            (iii) land that is--
                                    (I) withdrawn from--
                                            (aa) entry, appropriation, 
                                        or disposal under the public 
                                        land laws;
                                            (bb) location, entry, and 
                                        patent under the mining laws; 
                                        or
                                            (cc) disposition under all 
                                        laws pertaining to mineral and 
                                        geothermal leasing or mineral 
                                        materials;
                                    (II) located within a component of 
                                the National Landscape Conservation 
                                System;
                                    (III) designated as a Research 
                                Natural Area;
                                    (IV) located within any 
                                reservation;
                                    (V) located within--
                                            (aa) T. 147 N., R. 95 W.;
                                            (bb) T. 148 N., R. 95 W.;
                                            (cc) T. 148 N., R. 96 W.; 
                                        or
                                            (dd) T. 149 N., R. 95 W.;
                                    (VI) located within a United States 
                                military reservation; or
                                    (VII) designated by Congress or the 
                                President for conservation purposes.

SEC. 3. RELINQUISHMENT AND SELECTION; CONVEYANCE.

    (a) Relinquishment and Selection.--
            (1) In general.--Subject to valid existing rights, if the 
        State elects to relinquish all right, title, and interest of 
        the State in and to a State land grant parcel located wholly or 
        partially within the boundaries of any reservation, the 
        Secretary shall authorize the State to select in accordance 
        with this Act 1 or more parcels of unappropriated Federal land 
        of substantially equivalent value.
            (2) Approval.--Not later than 180 days after the date on 
        which the State makes a selection under paragraph (1), the 
        Secretary shall approve or reject, in whole or in part, the 
        selection.
            (3) Review.--Nothing in this subsection precludes the 
        Secretary from conducting an environmental review of any parcel 
        proposed for relinquishment under paragraph (1) if the 
        Secretary determines that an environmental review is 
        appropriate.
    (b) Conveyance.--
            (1) Conveyance by secretary.--
                    (A) In general.--Not later than 60 days after the 
                date on which the Secretary approves a State selection 
                of unappropriated Federal land under subsection (a)(2), 
                the Secretary shall initiate the actions necessary to 
                convey to the State the unappropriated Federal land.
                    (B) Requirements.--Conveyance of unappropriated 
                Federal land by the Secretary under this Act--
                            (i) shall be by patent or deed in a form 
                        acceptable to the State and the Secretary; and
                            (ii) shall not be considered a sale, 
                        exchange, or conveyance for purposes of section 
                        203, 205, 206, or 209 of the Federal Land 
                        Policy and Management Act of 1976 (43 U.S.C. 
                        1713, 1715, 1716, 1719).
            (2) Relinquishment and conveyance by state.--
                    (A) In general.--As consideration for the 
                conveyance of unappropriated Federal land under 
                paragraph (1), on the date on which the unappropriated 
                Federal land is conveyed to the State, the State shall 
                concurrently relinquish and convey to the Secretary all 
                right, title, and interest of the State in and to the 
                State land grant parcel identified for relinquishment 
                under subsection (a)(1).
                    (B) Title.--The State shall convey to the Secretary 
                title, free of any financial claims, liabilities, or 
                other financial encumbrances, to all parcels 
                relinquished under subparagraph (A).
                    (C) Limitation.--Relinquishment and conveyance by 
                the State of a State land grant parcel under this Act 
                shall not be considered an exchange or acquisition for 
                purposes of section 205 or 206 of the Federal Land 
                Policy and Management Act of 1976 (43 U.S.C. 1715, 
                1716).
    (c) Succession to Rights and Obligations.--Each party to which land 
is conveyed under this Act shall, to the fullest extent allowable under 
Federal and State law, succeed to the rights and obligations of the 
conveying party with respect to any lease, right-of-way, permit, or 
other valid existing right to which the land is subject.
    (d) Management After Relinquishment.--
            (1) Reservation.--If a State land grant parcel relinquished 
        by the State and conveyed to the Secretary under this Act is 
        located wholly or partially within the boundaries of any 
        reservation, on request of the applicable Indian Tribe, the 
        portion of the State land grant parcel located within the 
        boundaries of the reservation shall be--
                    (A) taken into trust by the Secretary on behalf of, 
                and for the benefit of, the Indian Tribe on the date of 
                the conveyance; and
                    (B) considered to be a part of the reservation of 
                the Indian Tribe.
            (2) Consultation required.--Prior to the conveyance of a 
        State land grant parcel located wholly or partially within the 
        boundaries of any reservation, the State and the Secretary 
        shall consult with affected Indian Tribes, including the Indian 
        Tribe the land of which is subject to conveyance in accordance 
        with Executive Order 13175 (25 U.S.C. 5301 note; relating to 
        consultation and coordination with Indian tribal governments) 
        and other applicable laws.
    (e) Withdrawal.--
            (1) In general.--Subject to valid rights in existence on 
        the date of enactment of this Act, all unappropriated Federal 
        land selected by the State for conveyance under this Act, 
        effective beginning on the date on which the State makes the 
        selection and ending on the date described in paragraph (2), is 
        withdrawn from all forms of--
                    (A) entry, appropriation, or disposal under the 
                public land laws;
                    (B) location, entry, and patent under the mining 
                laws; and
                    (C) disposition under all laws pertaining to 
                mineral and geothermal leasing or mineral materials.
            (2) Date described.--The date referred to in paragraph (1) 
        is the date on which, as applicable--
                    (A) the unappropriated Federal land is conveyed by 
                the Secretary to the State;
                    (B) the Secretary rejects the selection under 
                subsection (a)(2); or
                    (C) the State withdraws the selection.

SEC. 4. VALUATION.

    (a) Equal Value.--With respect to a State land grant parcel 
conveyed under this Act in consideration for a parcel of unappropriated 
Federal land selected in accordance with this Act--
            (1) the overall value of the State land grant parcel and 
        the overall value of the parcel of unappropriated Federal land 
        shall be substantially equal; or
            (2) subject to subsection (c), if the overall value of the 
        parcels is not equal, the party conveying the parcel of lesser 
        value shall--
                    (A) equalize the value by the payment of funds to 
                the other party; or
                    (B) enter the imbalance in value on a ledger 
                account in accordance with subsection (e).
    (b) Appraisal Required.--
            (1) In general.--Except as provided in subsection (d), the 
        value of the unappropriated Federal land selected in accordance 
        with this Act and the value of a State land grant parcel 
        conveyed under this Act shall be determined by appraisals 
        conducted by 1 or more independent appraisers selected jointly 
        by the Secretary and the State.
            (2) Requirements.--An appraisal under paragraph (1) shall 
        be completed in accordance with--
                    (A) the Uniform Appraisal Standards for Federal 
                Land Acquisitions; or
                    (B) subject to subsection (d)(1), the Uniform 
                Standards for Professional Appraisal Practice.
    (c) Equalization.--With respect to a conveyance to the Secretary of 
a State land grant parcel of lesser value than the parcel of 
unappropriated Federal land to be conveyed to the State under this Act, 
the total value of the equalization payment described in subsection 
(a)(2)(A) or the ledger entry described in subsection (e), as 
applicable, may not exceed 25 percent of the total value of the parcel 
of unappropriated Federal land.
    (d) Low Value Parcels.--
            (1) In general.--The Secretary, with the consent of the 
        State, may use mass appraisals, a summary appraisal, or a 
        statement of value made by a qualified appraiser carried out in 
        accordance with the Uniform Standards for Professional 
        Appraisal Practice to determine the value of a State land grant 
        parcel or a parcel of unappropriated Federal land to be 
        conveyed under this Act instead of an appraisal that complies 
        with the Uniform Appraisal Standards for Federal Land 
        Acquisitions if the State and the Secretary agree that market 
        value of the State land grant parcel or parcel of 
        unappropriated Federal land, as applicable, is--
                    (A) less than $500,000; and
                    (B) less than $500 per acre.
            (2) Division.--A State land grant parcel or a parcel of 
        unappropriated Federal land may not be artificially divided in 
        order to qualify for a summary appraisal, mass appraisal, or 
        statement of value under paragraph (1).
    (e) Ledger Accounts.--
            (1) In general.--With respect to a State land grant parcel 
        conveyed under this Act in consideration for a parcel of 
        unappropriated Federal land, if the overall value of the 
        parcels is not equal, the Secretary and the State may agree to 
        use a ledger account to make equal the value.
            (2) Imbalances.--A ledger account described in paragraph 
        (1) shall reflect imbalances in value to be reconciled in a 
        subsequent transaction.
            (3) Account balancing.--Each ledger account described in 
        paragraph (1) shall be--
                    (A) balanced not later than 3 years after the date 
                on which the ledger account is established; and
                    (B) closed not later than 5 years after the date of 
                the last conveyance of land under this Act.
            (4) Costs.--
                    (A) In general.--The Secretary or the State may 
                assume costs or other responsibilities or requirements 
                for conveying land under this Act that ordinarily are 
                borne by the other party.
                    (B) Adjustment.--If the Secretary or the State 
                assume costs or other responsibilities under 
                subparagraph (A), the Secretary or the State shall make 
                adjustments to the value of the unappropriated Federal 
                land conveyed to the State to compensate the Secretary 
                or the State, as applicable, for assuming the costs or 
                other responsibilities.
            (5) Mineral land.--If value is attributed to any parcel of 
        unappropriated Federal land that has been selected by the State 
        because of the presence of minerals under a lease entered into 
        under the Mineral Leasing Act (30 U.S.C. 181 et seq.) that is 
        in a producing or producible status, and the lease is to be 
        conveyed under this Act, the value of the parcel shall be 
        reduced by the amount that represents the likely Federal 
        revenue sharing obligation under the Mineral Leasing Act (30 
        U.S.C. 181 et seq.) with the State, but the adjustment shall 
        not be considered as reflecting a property right of the State.

SEC. 5. MISCELLANEOUS.

    (a) In General.--Land or minerals conveyed under this Act shall be 
subject to all applicable Federal, State, and Tribal law.
    (b) Protection of Indian Rights.--
            (1) Treaty rights.--Nothing in this Act modifies, limits, 
        expands, or otherwise affects any treaty-reserved right or 
        other right of any Indian Tribe recognized by any other means, 
        including treaties or agreements with the United States, 
        Executive orders, statutes, regulations, or case law.
            (2) Land or minerals held in trust.--Nothing in this Act 
        affects--
                    (A) land or minerals held in trust by the United 
                States as of the date of enactment of this Act on 
                behalf of, and for the benefit of, any Indian Tribe; or
                    (B) any individual Indian allotment.
    (c) Hazardous Materials.--
            (1) In general.--The Secretary and the State shall make 
        available for review and inspection any record relating to 
        hazardous materials on land to be conveyed under this Act.
            (2) Certification.--
                    (A) In general.--Prior to completing a conveyance 
                of unappropriated Federal land under this Act, the 
                Secretary shall complete an inspection and a hazardous 
                materials certification of the land to be conveyed.
                    (B) State land grant parcels.--Prior to completing 
                a conveyance of a State land grant parcel under this 
                Act, the State shall complete an inspection and a 
                hazardous materials certification of the land to be 
                conveyed.
    (d) Grazing Permits.--
            (1) In general.--If land conveyed under this Act is subject 
        to a lease, permit, or contract for the grazing of domestic 
        livestock in effect on the date of the conveyance, the 
        Secretary or the State, as applicable, shall allow the grazing 
        to continue for the remainder of the term of the lease, permit, 
        or contract, subject to the related terms and conditions of the 
        user agreements, including permitted stocking rates, grazing 
        fee levels, access, and ownership and use of range 
        improvements.
            (2) Cancellation.--
                    (A) In general.--Nothing in this Act prevents the 
                Secretary or the State from canceling or modifying a 
                grazing permit, lease, or contract if the land subject 
                to the permit, lease, or contract is sold, conveyed, 
                transferred, or leased for nongrazing purposes.
                    (B) Base properties.--If land conveyed by the State 
                under this Act is used by a grazing permittee or lessee 
                to meet the base property requirements for a Federal 
                grazing permit or lease, the land shall continue to 
                qualify as a base property for the remaining term of 
                the lease or permit and the term of any renewal or 
                extension of the lease or permit.
                    (C) Range improvements.--Nothing in this Act 
                prohibits a holder of a grazing lease, permit, or 
                contract from being compensated for range improvements 
                pursuant to the terms of the lease, permit, or contract 
                under existing Federal or State laws.

SEC. 6. SAVINGS CLAUSE.

    Nothing in this Act applies to or affects litigation or disputes 
pending on the date of enactment of this Act regarding the ownership of 
any land or mineral resources located within the State of North Dakota.
                                                       Calendar No. 276

118th CONGRESS

  1st Session

                                S. 1088

                          [Report No. 118-132]

_______________________________________________________________________

                                 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, and for other purposes.

_______________________________________________________________________

                           December 12, 2023

                       Reported with an amendment
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