II 

118TH CONGRESS 

1ST SESSION S. 1088 

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 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, 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 of 2023’’. 

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) authorizing the State to relinquish the State 

21 land grant parcels located within the reservations 

22 and to select other Federal land or minerals in lieu 

23 of the relinquished State land grant parcels will— 

24 (A) fulfill the promise of land and minerals 

25 to the State; and 


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1 (B) provide to Indian Tribes greater Tribal 

2 sovereignty and control of land and minerals 

3 within the reservations; and 

4 (7) Congress should authorize the State— 

5 (A) to relinquish the land and minerals lo6 cated within the reservations; and 

7 (B) to select in lieu of the relinquished 

8 land other Federal land or minerals in the 

9 State of North Dakota of equal value. 

10 SEC. 3. DEFINITIONS. 

11 In this Act: 

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

13 means public land and minerals located within the 

14 State of North Dakota, including public land that is 

15 mineral in character. 

16 (2) NORTH DAKOTA ENABLING ACT.—The term 

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

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

19 (3) PUBLIC LAND.—The term ‘‘public land’’ 

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

21 section 103 of the Federal Land Policy and Manage22 ment Act of 1976 (43 U.S.C. 1702). 

23 (4) RESERVATION.—The term ‘‘reservation’’ 

24 means any Indian reservation located wholly or par25 tially within the State of North Dakota and recogVerDate Sep 11 2014 02:17 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1088.IS S1088

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1 nized under United States treaty, Executive order, 

2 or Act of Congress. 

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

4 the Secretary of the Interior. 

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

6 of North Dakota, acting through the North Dakota 

7 Board of University and School Lands and its agent, 

8 the Department of Trust Lands. 

9 (7) STATE LAND GRANT PARCEL.—The term 

10 ‘‘State land grant parcel’’ means— 

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

12 of North Dakota by Congress— 

13 (i) on statehood; or 

14 (ii) through a grant pursuant to the 

15 North Dakota Enabling Act; 

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

17 granted to the State of North Dakota by Con18 gress for school purposes; 

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

20 of North Dakota as indemnity for any section 

21 of land numbered 16 or 36; and 

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

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

24 obtained by the State after statehood. 

25 (8) UNAPPROPRIATED FEDERAL LAND.— 


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1 (A) IN GENERAL.—The term ‘‘unappropri2 ated Federal land’’ means Federal land under 

3 the management and control of the Bureau of 

4 Land Management and located within the State 

5 of North Dakota. 

6 (B) EXCLUSIONS.—The term ‘‘unappropri7 ated Federal land’’ does not include— 

8 (i) surface interests acquired by the 

9 Bureau of Land Management; 

10 (ii) any area of critical environmental 

11 concern established pursuant to section 

12 202(c)(3) of the Federal Land Policy and 

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

14 1712(c)(3)); or 

15 (iii) land that is— 

16 (I) withdrawn from public entry; 

17 (II) located within a unit of the 

18 National Park System; 

19 (III) located within any reserva20 tion; 

21 (IV) located within— 

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

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

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

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


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1 (V) located within a United 

2 States military reservation; or 

3 (VI) designated by Congress or 

4 the President for conservation pur5 poses. 

6 SEC. 4. RELINQUISHMENT AND SELECTION; CONVEYANCE. 

7 (a) RELINQUISHMENT AND SELECTION.— 

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

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

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

11 grant parcel located wholly or partially within the 

12 boundaries of any reservation, the Secretary shall 

13 authorize the State to select in accordance with this 

14 Act 1 or more parcels of unappropriated Federal 

15 land of substantially equivalent value within the 

16 State of North Dakota. 

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

18 the date on which the State makes a selection under 

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

20 in whole or in part, the selection. 

21 (b) CONVEYANCE.— 

22 (1) CONVEYANCE BY SECRETARY.— 

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

24 after the date on which the Secretary approves 

25 a State selection of unappropriated Federal 


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

2 shall initiate the actions necessary to convey to 

3 the State the unappropriated Federal land. 

4 (B) REQUIREMENTS.—Conveyance of Fed5 eral land by the Secretary under this Act— 

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

7 deed acceptable to the State; and 

8 (ii) shall not be considered a sale, ex9 change, or conveyance under section 203, 

10 205, 206, or 209 of the Federal Land Pol11 icy and Management Act of 1976 (43 

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

13 (2) RELINQUISHMENT AND CONVEYANCE BY

14 STATE.— 

15 (A) IN GENERAL.—As consideration for 

16 the conveyance of Federal land under para17 graph (1), on the date on which the Federal 

18 land is conveyed to the State, the State shall 

19 concurrently relinquish and convey to the Sec20 retary all right, title, and interest of the State 

21 in and to the State land grant parcel identified 

22 for relinquishment under subsection (a)(1). 

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

24 Secretary title, free of any financial claims, liVerDate Sep 11 2014 02:17 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1088.IS S1088

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1 abilities, or other financial encumbrances, to all 

2 parcels relinquished under subparagraph (A). 

3 (C) LIMITATION.—Relinquishment and 

4 conveyance by the State of a State land grant 

5 parcel under this Act shall not be considered an 

6 exchange or acquisition for purposes of section 

7 205 or 206 of the Federal Land Policy and 

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

9 1716). 

10 (c) SUCCESSION TO RIGHTS AND OBLIGATIONS.— 

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

12 to the fullest extent allowable under Federal and State 

13 law, 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) RESERVATION.—If a State land grant par18 cel relinquished by the State and conveyed to the 

19 Secretary under this Act is located wholly or par20 tially within the boundaries of any reservation, on 

21 request of the applicable Indian Tribe, the portion of 

22 the State land grant parcel located within the 

23 boundaries of the reservation shall be— 


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1 (A) taken into trust by the Secretary on 

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

3 Tribe on the date of the conveyance; and 

4 (B) considered to be a part of the reserva5 tion of the Indian Tribe. 

6 (2) CONSULTATION REQUIRED.—Prior to the 

7 conveyance of a State land grant parcel located 

8 wholly or partially within the boundaries of any res9 ervation, the State and the Secretary shall consult 

10 with the Indian Tribe the land of which is subject 

11 to conveyance in accordance with Executive Order 

12 13175 (25 U.S.C. 5301 note; relating to consulta13 tion and coordination with Indian tribal govern14 ments). 

15 (e) SPECIAL RULES FOR MINERAL LAND.— 

16 (1) DEFINITION OF UNAPPROPRIATED FEDERAL

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

18 subsection, the term ‘‘unappropriated Federal land 

19 subject to a lease or permit’’ means unappropriated 

20 Federal land subject to a mineral lease or permit 

21 that is— 

22 (A) issued under the Mineral Leasing Act 

23 (30 U.S.C. 181 et seq.); and 


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1 (B) in a producing or producible status 

2 during the 10-year period following the date of 

3 enactment of this Act. 

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

5 may select, and the Secretary may convey, unappro6 priated Federal land that is mineral in character 

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

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

9 unappropriated Federal land subject to a lease or 

10 permit— 

11 (A) the Secretary shall reserve an over12 riding interest in the portion of the mineral es13 tate that is comprised of minerals subject to 

14 leasing under the Mineral Leasing Act (30 

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

16 (B) such a selection shall not include any 

17 portion of the mineral lease or permit. 

18 (3) CONVEYANCE OF MINERAL ESTATE.— 

19 (A) IN GENERAL.—If the State selects un20 appropriated Federal land subject to a lease or 

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

22 the State— 

23 (i) the Secretary may convey with the 

24 surface interest in the land the interest in 

25 the mineral estate that is comprised of 


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1 minerals subject to leasing under the Min2 eral Leasing Act (30 U.S.C. 181 et seq.); 

3 and 

4 (ii) all Federal mining claims over the 

5 land shall be converted to State leases in 

6 accordance with this paragraph. 

7 (B) MINING CLAIMS.—To facilitate the 

8 conversion of Federal mining claims to State 

9 leases under subparagraph (A), a Federal min10 ing claimant may file with the Secretary a vol11 untary relinquishment of the Federal mining 

12 claim conditioned on— 

13 (i) conveyance of the land to the 

14 State; and 

15 (ii) the conversion of the Federal min16 ing claim to a State lease. 

17 (C) OBLIGATIONS UNDER FEDERAL

18 LAW.—Until the date on which the land is con19 veyed to the State under subparagraph (A), a 

20 Federal mining claimant shall be subject to any 

21 obligations relating to the land under Federal 

22 law. 

23 (D) NO RELINQUISHMENT.—If the land 

24 previously encumbered by the relinquished Fed25 eral mining claim is not conveyed to the State 


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1 under subparagraph (A), the relinquishment of 

2 land under subparagraph (B) shall have no ef3 fect. 

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

5 On conveyance to the State of land encumbered 

6 by a relinquished Federal mining claim under 

7 this paragraph, the State shall assume author8 ity over any leases, licenses, permits, rights-of9 way, operating plans, other land use authoriza10 tions, or reclamation obligations applicable to 

11 the relinquished Federal mining claim on the 

12 date of conveyance. 

13 (F) VALUATION.—If a Federal mining 

14 claimant does not voluntarily relinquish under 

15 subparagraph (B) a Federal mining claim on 

16 land conveyed to the State, the Secretary shall 

17 take into account the encumbrance represented 

18 by the claim in determining the value of the 

19 land under section 5(b). 

20 (f) WITHDRAWAL.— 

21 (1) IN GENERAL.—Subject to valid rights in ex22 istence on the date of enactment of this Act, all Fed23 eral land selected by the State for conveyance under 

24 this Act, effective beginning on the date on which 

25 the State makes the selection and ending on the 


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

2 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 Federal land is conveyed by the 

13 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. 5. 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 Federal land selected in accordance with this 

21 Act— 

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

23 parcel and the overall value of the parcel of Federal 

24 land shall be substantially equal; 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.—Except as provided in 

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

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

11 to be conveyed under this Act through an appraisal com12 pleted in accordance with— 

13 (1) the Uniform Appraisal Standards for Fed14 eral Land Acquisitions; or 

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

16 Standards for Professional Appraisal Practice. 

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

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

19 than the parcel of Federal land to be conveyed to the State 

20 under this Act, the total value of the equalization payment 

21 described in subsection (a)(2)(A) or the ledger entry de22 scribed in subsection (e), as applicable, may not exceed 

23 25 percent of the total value of the parcel of Federal land. 

24 (d) LOW VALUE PARCELS.— 


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1 (1) IN GENERAL.—The Secretary, with the con2 sent of the State, may use mass appraisals, a sum3 mary appraisal, or a statement of value made by a 

4 qualified appraiser carried out in accordance with 

5 the Uniform Standards for Professional Appraisal 

6 Practice to determine the value of a State land 

7 grant parcel or a parcel of Federal land to be con8 veyed under this Act instead of an appraisal that 

9 complies with the Uniform Appraisal Standards for 

10 Federal Land Acquisitions if the State and the Sec11 retary agree that market value of the State land 

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

13 is— 

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

15 (B) less than $500 per acre. 

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

17 parcel of Federal land may not be artificially divided 

18 in order to qualify for a summary appraisal, mass 

19 appraisal, or statement of value under paragraph 

20 (1). 

21 (e) LEDGER ACCOUNTS.— 

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

23 grant parcel conveyed under this Act in consider24 ation for a parcel of Federal land, if the overall 

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


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

2 equal the value. 

3 (2) IMBALANCES.—A ledger account described 

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

5 be reconciled in a subsequent transaction. 

6 (3) ACCOUNT BALANCING.—Each ledger ac7 count described in paragraph (1) shall be— 

8 (A) balanced not later than 3 years after 

9 the date on which the ledger account is estab10 lished; and 

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

12 date of the last conveyance of land under this 

13 Act. 

14 (4) COSTS.— 

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

16 State may assume costs or other responsibilities 

17 or requirements for conveying land under this 

18 Act that ordinarily are borne by the other 

19 party. 

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

21 State assume costs or other responsibilities 

22 under subparagraph (A), the Secretary or the 

23 State shall make adjustments to the value of 

24 the Federal land conveyed to the State to com25 pensate the Secretary or the State, as applicaVerDate Sep 11 2014 02:17 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S1088.IS S1088

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1 ble, for assuming the costs or other responsibil2 ities. 

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

4 any parcel of Federal land that has been selected by 

5 the State because of the presence of minerals under 

6 a lease entered into under the Mineral Leasing Act 

7 (30 U.S.C. 181 et seq.) that is in a producing or 

8 producible status, and the lease is to be conveyed 

9 under this Act, the value of the parcel shall be re10 duced by the amount that represents the likely Fed11 eral revenue sharing obligation under the Mineral 

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

13 but the adjustment shall not be considered as re14 flecting a property right of the State. 

15 SEC. 6. MISCELLANEOUS. 

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

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

18 and Tribal law. 

19 (b) PROTECTION OF INDIAN RIGHTS.— 

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

21 modifies, limits, expands, or otherwise affects any 

22 treaty-reserved right or other right of any Indian 

23 Tribe recognized by any other means, including trea24 ties or agreements with the United States, Executive 

25 orders, statutes, regulations, or case law. 


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

2 Nothing in this Act affects— 

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

4 United States as of the date of enactment of 

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

6 Indian Tribe; or 

7 (B) any individual Indian allotment. 

8 (c) HAZARDOUS MATERIALS.— 

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

10 shall make available for review and inspection any 

11 record relating to hazardous materials on land to be 

12 conveyed under this Act. 

13 (2) CERTIFICATION.— 

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

15 conveyance of Federal land under this Act, the 

16 Secretary shall complete an inspection and a 

17 hazardous materials certification of the land to 

18 be conveyed. 

19 (B) STATE LAND GRANT PARCELS.—Prior 

20 to completing a conveyance of a State land 

21 grant parcel under this Act, the State shall 

22 complete an inspection and a hazardous mate23 rials certification of the land to be conveyed. 

24 (d) GRAZING PERMITS.— 


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

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

3 grazing of domestic livestock in effect on the date of 

4 the conveyance, the Secretary or the State, as appli5 cable, shall allow the grazing to continue for the re6 mainder of the term of the lease, permit, or con7 tract, subject to the related terms and conditions of 

8 the user agreements, including permitted stocking 

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

10 use of range improvements. 

11 (2) CANCELLATION.— 

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

13 prevents the Secretary or the State from can14 celing or modifying a grazing permit, lease, or 

15 contract if the land subject to the permit, lease, 

16 or contract is sold, conveyed, transferred, or 

17 leased for nongrazing purposes. 

18 (B) BASE PROPERTIES.—If land conveyed 

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

20 permittee or lessee to meet the base property 

21 requirements for a Federal grazing permit or 

22 lease, the land shall continue to qualify as a 

23 base property for the remaining term of the 

24 lease or permit and the term of any renewal or 

25 extension of the lease or permit. 


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1 (C) RANGE IMPROVEMENTS.—Nothing in 

2 this Act prohibits a holder of a grazing lease, 

3 permit, or contract from being compensated for 

4 range improvements pursuant to the terms of 

5 the lease, permit, or contract under existing 

6 Federal or State laws. 

7 SEC. 7. SAVINGS CLAUSE. 

8 Nothing in this Act applies to or impacts the owner9 ship of any land or mineral resources. 

Æ 


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