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

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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.

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

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.

            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 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.
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