II 

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. LUJA ́N) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

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•S 1088 RS

1 SECTION 1. SHORT TITLE. 

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

3 Lands Completion Act of 2023’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds that— 

6 (1) in 1889, Congress enacted the North Da7 kota Enabling Act ‘‘to provide for the division of 

8 Dakota into two States and to enable the people of 

9 North Dakota, South Dakota, Montana, and Wash10 ington to form constitutions and State governments 

11 and to be admitted into the Union on an equal foot12 ing with the original States, and to make donations 

13 of public lands to such States’’; 

14 (2) section 10 of the North Dakota Enabling 

15 Act (25 Stat. 679, chapter 180)— 

16 (A) with certain exceptions, granted sec17 tions 16 and 36 in every township to the new 

18 States of North Dakota, South Dakota, Mon19 tana, and Washington ‘‘for the support of com20 mon schools’’; and 

21 (B) in cases where portions of sections 16 

22 and 36 had been reserved, granted, or sold 

23 prior to those States attaining statehood, au24 thorized indemnity or ‘‘in lieu’’ selections; 

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1 (3) the State of North Dakota was granted 

2 land and minerals totaling more than 2,500,000 

3 acres under the North Dakota Enabling Act; 

4 (4) the North Dakota Enabling Act provided 

5 further land grants to the State of North Dakota for 

6 the support of colleges, universities, the State cap7 itol, and other public institutions; 

8 (5) prior to the enactment of the North Dakota 

9 Enabling Act, the United States, through treaties 

10 and Executive orders, including the Treaty between 

11 the United States of America and the Mandan, 

12 Hidatsa, Arikara, and other Tribal Nations, made 

13 and concluded at Fort Laramie September 17, 1851 

14 (11 Stat. 749), the Treaty between the United 

15 States of America and the Sisseton and Wahpeton 

16 Bands of Dakota or Sioux Indians, made and con17 cluded at Washington February 19, 1867 (15 Stat. 

18 505), the Treaty between the United States of 

19 America and different Tribes of Sioux Indians, made 

20 and concluded at Fort Laramie April 29, 1868 (15 

21 Stat. 635), and the Executive order of April 12, 

22 1870, established several reservations of land for 

23 multiple Indian Tribes located in the State of North 

24 Dakota; 

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1 (6) authorizing the State to relinquish the State 

2 land grant parcels located within the reservations 

3 and to select other Federal land or minerals in lieu 

4 of the relinquished State land grant parcels will— 

5 (A) fulfill the promise of land and minerals 

6 to the State; and 

7 (B) provide to Indian Tribes greater Tribal 

8 sovereignty and control of land and minerals 

9 within the reservations; and 

10 (7) Congress should authorize the State— 

11 (A) to relinquish the land and minerals lo12 cated within the reservations; and 

13 (B) to select in lieu of the relinquished 

14 land other Federal land or minerals in the 

15 State of North Dakota of equal value. 

16 SEC. 3. DEFINITIONS. 

17 In this Act: 

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

19 means public land and minerals located within the 

20 State of North Dakota, including public land that is 

21 mineral in character. 

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

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

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

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

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

3 section 103 of the Federal Land Policy and Manage4 ment Act of 1976 (43 U.S.C. 1702). 

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

6 means any Indian reservation located wholly or par7 tially within the State of North Dakota and recog8 nized under United States treaty, Executive order, 

9 or Act of Congress. 

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

11 the Secretary of the Interior. 

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

13 of North Dakota, acting through the North Dakota 

14 Board of University and School Lands and its agent, 

15 the Department of Trust Lands. 

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

17 ‘‘State land grant parcel’’ means— 

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

19 of North Dakota by Congress— 

20 (i) on statehood; or 

21 (ii) through a grant pursuant to the 

22 North Dakota Enabling Act; 

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

24 granted to the State of North Dakota by Con25 gress for school purposes; 

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

2 of North Dakota as indemnity for any section 

3 of land numbered 16 or 36; and 

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

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

6 obtained by the State after statehood. 

7 (8) UNAPPROPRIATED FEDERAL LAND.— 

8 (A) IN GENERAL.—The term ‘‘unappropri9 ated Federal land’’ means Federal land under 

10 the management and control of the Bureau of 

11 Land Management and located within the State 

12 of North Dakota. 

13 (B) EXCLUSIONS.—The term ‘‘unappropri14 ated Federal land’’ does not include— 

15 (i) surface interests acquired by the 

16 Bureau of Land Management; 

17 (ii) any area of critical environmental 

18 concern established pursuant to section 

19 202(c)(3) of the Federal Land Policy and 

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

21 1712(c)(3)); or 

22 (iii) land that is— 

23 (I) withdrawn from public entry; 

24 (II) located within a unit of the 

25 National Park System; 

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1 (III) located within any reserva2 tion; 

3 (IV) located within— 

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

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

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

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

8 (V) located within a United 

9 States military reservation; or 

10 (VI) designated by Congress or 

11 the President for conservation pur12 poses. 

13 SEC. 4. RELINQUISHMENT AND SELECTION; CONVEYANCE. 

14 (a) RELINQUISHMENT AND SELECTION.— 

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

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

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

18 grant parcel located wholly or partially within the 

19 boundaries of any reservation, the Secretary shall 

20 authorize the State to select in accordance with this 

21 Act 1 or more parcels of unappropriated Federal 

22 land of substantially equivalent value within the 

23 State of North Dakota. 

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

25 the date on which the State makes a selection under 

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

2 in whole or in part, the selection. 

3 (b) CONVEYANCE.— 

4 (1) CONVEYANCE BY SECRETARY.— 

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

6 after the date on which the Secretary approves 

7 a State selection of unappropriated Federal 

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

9 shall initiate the actions necessary to convey to 

10 the State the unappropriated Federal land. 

11 (B) REQUIREMENTS.—Conveyance of Fed12 eral land by the Secretary under this Act— 

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

14 deed acceptable to the State; and 

15 (ii) shall not be considered a sale, ex16 change, or conveyance under section 203, 

17 205, 206, or 209 of the Federal Land Pol18 icy and Management Act of 1976 (43 

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

20 (2) RELINQUISHMENT AND CONVEYANCE BY

21 STATE.— 

22 (A) IN GENERAL.—As consideration for 

23 the conveyance of Federal land under para24 graph (1), on the date on which the Federal 

25 land is conveyed to the State, the State shall 

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1 concurrently relinquish and convey to the Sec2 retary all right, title, and interest of the State 

3 in and to the State land grant parcel identified 

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

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

6 Secretary title, free of any financial claims, li7 abilities, or other financial encumbrances, to all 

8 parcels relinquished under subparagraph (A). 

9 (C) LIMITATION.—Relinquishment and 

10 conveyance by the State of a State land grant 

11 parcel under this Act shall not be considered an 

12 exchange or acquisition for purposes of section 

13 205 or 206 of the Federal Land Policy and 

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

15 1716). 

16 (c) SUCCESSION TO RIGHTS AND OBLIGATIONS.— 

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

18 to the fullest extent allowable under Federal and State 

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

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

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

22 (d) MANAGEMENT AFTER RELINQUISHMENT.— 

23 (1) RESERVATION.—If a State land grant par24 cel relinquished by the State and conveyed to the 

25 Secretary under this Act is located wholly or parVerDate Sep 11 2014 00:59 Dec 13, 2023 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S1088.RS S1088
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1 tially within the boundaries of any reservation, on 

2 request of the applicable Indian Tribe, the portion of 

3 the State land grant parcel located within the 

4 boundaries of the reservation shall be— 

5 (A) taken into trust by the Secretary on 

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

7 Tribe on the date of the conveyance; and 

8 (B) considered to be a part of the reserva9 tion of the Indian Tribe. 

10 (2) CONSULTATION REQUIRED.—Prior to the 

11 conveyance of a State land grant parcel located 

12 wholly or partially within the boundaries of any res13 ervation, the State and the Secretary shall consult 

14 with the Indian Tribe the land of which is subject 

15 to conveyance in accordance with Executive Order 

16 13175 (25 U.S.C. 5301 note; relating to consulta17 tion and coordination with Indian tribal govern18 ments). 

19 (e) SPECIAL RULES FOR MINERAL LAND.— 

20 (1) DEFINITION OF UNAPPROPRIATED FEDERAL

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

22 subsection, the term ‘‘unappropriated Federal land 

23 subject to a lease or permit’’ means unappropriated 

24 Federal land subject to a mineral lease or permit 

25 that is— 

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1 (A) issued under the Mineral Leasing Act 

2 (30 U.S.C. 181 et seq.); and 

3 (B) in a producing or producible status 

4 during the 10-year period following the date of 

5 enactment of this Act. 

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

7 may select, and the Secretary may convey, unappro8 priated Federal land that is mineral in character 

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

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

11 unappropriated Federal land subject to a lease or 

12 permit— 

13 (A) the Secretary shall reserve an over14 riding interest in the portion of the mineral es15 tate that is comprised of minerals subject to 

16 leasing under the Mineral Leasing Act (30 

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

18 (B) such a selection shall not include any 

19 portion of the mineral lease or permit. 

20 (3) CONVEYANCE OF MINERAL ESTATE.— 

21 (A) IN GENERAL.—If the State selects un22 appropriated Federal land subject to a lease or 

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

24 the State— 

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1 (i) the Secretary may convey with the 

2 surface interest in the land the interest in 

3 the mineral estate that is comprised of 

4 minerals subject to leasing under the Min5 eral Leasing Act (30 U.S.C. 181 et seq.); 

6 and 

7 (ii) all Federal mining claims over the 

8 land shall be converted to State leases in 

9 accordance with this paragraph. 

10 (B) MINING CLAIMS.—To facilitate the 

11 conversion of Federal mining claims to State 

12 leases under subparagraph (A), a Federal min13 ing claimant may file with the Secretary a vol14 untary relinquishment of the Federal mining 

15 claim conditioned on— 

16 (i) conveyance of the land to the 

17 State; and 

18 (ii) the conversion of the Federal min19 ing claim to a State lease. 

20 (C) OBLIGATIONS UNDER FEDERAL

21 LAW.—Until the date on which the land is con22 veyed to the State under subparagraph (A), a 

23 Federal mining claimant shall be subject to any 

24 obligations relating to the land under Federal 

25 law. 

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1 (D) NO RELINQUISHMENT.—If the land 

2 previously encumbered by the relinquished Fed3 eral mining claim is not conveyed to the State 

4 under subparagraph (A), the relinquishment of 

5 land under subparagraph (B) shall have no ef6 fect. 

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

8 On conveyance to the State of land encumbered 

9 by a relinquished Federal mining claim under 

10 this paragraph, the State shall assume author11 ity over any leases, licenses, permits, rights-of12 way, operating plans, other land use authoriza13 tions, or reclamation obligations applicable to 

14 the relinquished Federal mining claim on the 

15 date of conveyance. 

16 (F) VALUATION.—If a Federal mining 

17 claimant does not voluntarily relinquish under 

18 subparagraph (B) a Federal mining claim on 

19 land conveyed to the State, the Secretary shall 

20 take into account the encumbrance represented 

21 by the claim in determining the value of the 

22 land under section 5(b). 

23 (f) WITHDRAWAL.— 

24 (1) IN GENERAL.—Subject to valid rights in ex25 istence on the date of enactment of this Act, all FedVerDate Sep 11 2014 00:59 Dec 13, 2023 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6401 E:\BILLS\S1088.RS S1088
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1 eral land selected by the State for conveyance under 

2 this Act, effective beginning on the date on which 

3 the State makes the selection and ending on the 

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

5 all forms of— 

6 (A) entry, appropriation, or disposal under 

7 the public land laws; 

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

9 mining laws; and 

10 (C) disposition under all laws pertaining to 

11 mineral and geothermal leasing or mineral ma12 terials. 

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

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

15 (A) the Federal land is conveyed by the 

16 Secretary to the State; 

17 (B) the Secretary rejects the selection 

18 under subsection (a)(2); or 

19 (C) the State withdraws the selection. 

20 SEC. 5. VALUATION. 

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

22 grant parcel conveyed under this Act in consideration for 

23 a parcel of Federal land selected in accordance with this 

24 Act— 

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

2 parcel and the overall value of the parcel of Federal 

3 land shall be substantially equal; or 

4 (2) subject to subsection (c), if the overall value 

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

6 parcel of lesser value shall— 

7 (A) equalize the value by the payment of 

8 funds to the other party; or 

9 (B) enter the imbalance in value on a ledg10 er account in accordance with subsection (e). 

11 (b) APPRAISAL REQUIRED.—Except as provided in 

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

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

14 to be conveyed under this Act through an appraisal com15 pleted in accordance with— 

16 (1) the Uniform Appraisal Standards for Fed17 eral Land Acquisitions; or 

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

19 Standards for Professional Appraisal Practice. 

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

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

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

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

24 described in subsection (a)(2)(A) or the ledger entry deVerDate Sep 11 2014 00:59 Dec 13, 2023 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6401 E:\BILLS\S1088.RS S1088
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1 scribed in subsection (e), as applicable, may not exceed 

2 25 percent of the total value of the parcel of Federal land. 

3 (d) LOW VALUE PARCELS.— 

4 (1) IN GENERAL.—The Secretary, with the con5 sent of the State, may use mass appraisals, a sum6 mary appraisal, or a statement of value made by a 

7 qualified appraiser carried out in accordance with 

8 the Uniform Standards for Professional Appraisal 

9 Practice to determine the value of a State land 

10 grant parcel or a parcel of Federal land to be con11 veyed under this Act instead of an appraisal that 

12 complies with the Uniform Appraisal Standards for 

13 Federal Land Acquisitions if the State and the Sec14 retary agree that market value of the State land 

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

16 is— 

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

18 (B) less than $500 per acre. 

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

20 parcel of Federal land may not be artificially divided 

21 in order to qualify for a summary appraisal, mass 

22 appraisal, or statement of value under paragraph 

23 (1). 

24 (e) LEDGER ACCOUNTS.— 

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•S 1088 RS

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

2 grant parcel conveyed under this Act in consider3 ation for a parcel of Federal land, if the overall 

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

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

6 equal the value. 

7 (2) IMBALANCES.—A ledger account described 

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

9 be reconciled in a subsequent transaction. 

10 (3) ACCOUNT BALANCING.—Each ledger ac11 count described in paragraph (1) shall be— 

12 (A) balanced not later than 3 years after 

13 the date on which the ledger account is estab14 lished; and 

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

16 date of the last conveyance of land under this 

17 Act. 

18 (4) COSTS.— 

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

20 State may assume costs or other responsibilities 

21 or requirements for conveying land under this 

22 Act that ordinarily are borne by the other 

23 party. 

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

25 State assume costs or other responsibilities 

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1 under subparagraph (A), the Secretary or the 

2 State shall make adjustments to the value of 

3 the Federal land conveyed to the State to com4 pensate the Secretary or the State, as applica5 ble, for assuming the costs or other responsibil6 ities. 

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

8 any parcel of Federal land that has been selected by 

9 the State because of the presence of minerals under 

10 a lease entered into under the Mineral Leasing Act 

11 (30 U.S.C. 181 et seq.) that is in a producing or 

12 producible status, and the lease is to be conveyed 

13 under this Act, the value of the parcel shall be re14 duced by the amount that represents the likely Fed15 eral revenue sharing obligation under the Mineral 

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

17 but the adjustment shall not be considered as re18 flecting a property right of the State. 

19 SEC. 6. MISCELLANEOUS. 

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

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

22 and Tribal law. 

23 (b) PROTECTION OF INDIAN RIGHTS.— 

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

25 modifies, limits, expands, or otherwise affects any 

19 

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1 treaty-reserved right or other right of any Indian 

2 Tribe recognized by any other means, including trea3 ties or agreements with the United States, Executive 

4 orders, statutes, regulations, or case law. 

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

6 Nothing in this Act affects— 

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

8 United States as of the date of enactment of 

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

10 Indian Tribe; or 

11 (B) any individual Indian allotment. 

12 (c) HAZARDOUS MATERIALS.— 

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

14 shall make available for review and inspection any 

15 record relating to hazardous materials on land to be 

16 conveyed under this Act. 

17 (2) CERTIFICATION.— 

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

19 conveyance of Federal land under this Act, the 

20 Secretary shall complete an inspection and a 

21 hazardous materials certification of the land to 

22 be conveyed. 

23 (B) STATE LAND GRANT PARCELS.—Prior 

24 to completing a conveyance of a State land 

25 grant parcel under this Act, the State shall 

20 

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1 complete an inspection and a hazardous mate2 rials certification of the land to be conveyed. 

3 (d) GRAZING PERMITS.— 

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

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

6 grazing of domestic livestock in effect on the date of 

7 the conveyance, the Secretary or the State, as appli8 cable, shall allow the grazing to continue for the re9 mainder of the term of the lease, permit, or con10 tract, subject to the related terms and conditions of 

11 the user agreements, including permitted stocking 

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

13 use of range improvements. 

14 (2) CANCELLATION.— 

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

16 prevents the Secretary or the State from can17 celing or modifying a grazing permit, lease, or 

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

19 or contract is sold, conveyed, transferred, or 

20 leased for nongrazing purposes. 

21 (B) BASE PROPERTIES.—If land conveyed 

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

23 permittee or lessee to meet the base property 

24 requirements for a Federal grazing permit or 

25 lease, the land shall continue to qualify as a 

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1 base property for the remaining term of the 

2 lease or permit and the term of any renewal or 

3 extension of the lease or permit. 

4 (C) RANGE IMPROVEMENTS.—Nothing in 

5 this Act prohibits a holder of a grazing lease, 

6 permit, or contract from being compensated for 

7 range improvements pursuant to the terms of 

8 the lease, permit, or contract under existing 

9 Federal or State laws. 

10 SEC. 7. SAVINGS CLAUSE. 

11 Nothing in this Act applies to or impacts the owner12 ship of any land or mineral resources. 

13 SECTION 1. SHORT TITLE. 

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

15 Lands Completion Act of 2023’’. 

16 SEC. 2. DEFINITIONS. 

17 In this Act: 

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

19 ‘‘North Dakota Enabling Act’’ means the Act of Feb20 ruary 22, 1889 (25 Stat. 676, chapter 180). 

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

22 means any Indian reservation located wholly or par23 tially within the State of North Dakota and recog24 nized under United States treaty, Executive order, or 

25 Act of Congress. 

22 

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

2 the Secretary of the Interior. 

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

4 of North Dakota, acting through the North Dakota 

5 Board of University and School Lands and its agent, 

6 the Department of Trust Lands. 

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

8 ‘‘State land grant parcel’’ means— 

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

10 North Dakota by Congress— 

11 (i) on statehood; or 

12 (ii) through a grant pursuant to the 

13 North Dakota Enabling Act; 

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

15 granted to the State of North Dakota by Congress 

16 for school purposes; 

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

18 North Dakota as indemnity for any section of 

19 land numbered 16 or 36; and 

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

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

22 obtained by the State after statehood. 

23 (6) UNAPPROPRIATED FEDERAL LAND.— 

24 (A) IN GENERAL.—The term ‘‘unappropri25 ated Federal land’’ means public land adminisVerDate Sep 11 2014 00:59 Dec 13, 2023 Jkt 049200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6203 E:\BILLS\S1088.RS S1088
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1 tered by the Bureau of Land Management lo2 cated within the State of North Dakota, includ3 ing public land that is mineral in character. 

4 (B) EXCLUSIONS.—The term ‘‘unappropri5 ated Federal land’’ does not include— 

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

7 acquired by the Bureau of Land Manage8 ment; 

9 (ii) any area of critical environmental 

10 concern established pursuant to section 

11 202(c)(3) of the Federal Land Policy and 

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

13 1712(c)(3)); or 

14 (iii) land that is— 

15 (I) withdrawn from— 

16 (aa) entry, appropriation, or 

17 disposal under the public land 

18 laws; 

19 (bb) location, entry, and pat20 ent under the mining laws; or 

21 (cc) disposition under all 

22 laws pertaining to mineral and 

23 geothermal leasing or mineral ma24 terials; 

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1 (II) located within a component 

2 of the National Landscape Conserva3 tion System; 

4 (III) designated as a Research 

5 Natural Area; 

6 (IV) located within any reserva7 tion; 

8 (V) located within— 

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

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

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

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

13 (VI) located within a United 

14 States military reservation; or 

15 (VII) designated by Congress or 

16 the President for conservation pur17 poses. 

18 SEC. 3. RELINQUISHMENT AND SELECTION; CONVEYANCE. 

19 (a) RELINQUISHMENT AND SELECTION.— 

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

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

22 and interest of the State in and to a State land grant 

23 parcel located wholly or partially within the bound24 aries of any reservation, the Secretary shall authorize 

25 the State to select in accordance with this Act 1 or 

25 

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1 more parcels of unappropriated Federal land of sub2 stantially equivalent value. 

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

4 the date on which the State makes a selection under 

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

6 in whole or in part, the selection. 

7 (3) REVIEW.—Nothing in this subsection pre8 cludes the Secretary from conducting an environ9 mental review of any parcel proposed for relinquish10 ment under paragraph (1) if the Secretary determines 

11 that an environmental review is appropriate. 

12 (b) CONVEYANCE.— 

13 (1) CONVEYANCE BY SECRETARY.— 

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

15 after the date on which the Secretary approves a 

16 State selection of unappropriated Federal land 

17 under subsection (a)(2), the Secretary shall ini18 tiate the actions necessary to convey to the State 

19 the unappropriated Federal land. 

20 (B) REQUIREMENTS.—Conveyance of unap21 propriated Federal land by the Secretary under 

22 this Act— 

23 (i) shall be by patent or deed in a form 

24 acceptable to the State and the Secretary; 

25 and 

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1 (ii) shall not be considered a sale, ex2 change, or conveyance for purposes of sec3 tion 203, 205, 206, or 209 of the Federal 

4 Land Policy and Management Act of 1976 

5 (43 U.S.C. 1713, 1715, 1716, 1719). 

6 (2) RELINQUISHMENT AND CONVEYANCE BY

7 STATE.— 

8 (A) IN GENERAL.—As consideration for the 

9 conveyance of unappropriated Federal land 

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

11 unappropriated Federal land is conveyed to the 

12 State, the State shall concurrently relinquish 

13 and convey to the Secretary all right, title, and 

14 interest of the State in and to the State land 

15 grant parcel identified for relinquishment under 

16 subsection (a)(1). 

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

18 Secretary title, free of any financial claims, li19 abilities, or other financial encumbrances, to all 

20 parcels relinquished under subparagraph (A). 

21 (C) LIMITATION.—Relinquishment and con22 veyance by the State of a State land grant parcel 

23 under this Act shall not be considered an ex24 change or acquisition for purposes of section 205 

27 

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1 or 206 of the Federal Land Policy and Manage2 ment Act of 1976 (43 U.S.C. 1715, 1716). 

3 (c) SUCCESSION TO RIGHTS AND OBLIGATIONS.—Each 

4 party to which land is conveyed under this Act shall, to 

5 the fullest extent allowable under Federal and State law, 

6 succeed to the rights and obligations of the conveying party 

7 with respect to any lease, right-of-way, permit, or other 

8 valid existing right to which the land is subject. 

9 (d) MANAGEMENT AFTER RELINQUISHMENT.— 

10 (1) RESERVATION.—If a State land grant parcel 

11 relinquished by the State and conveyed to the Sec12 retary under this Act is located wholly or partially 

13 within the boundaries of any reservation, on request 

14 of the applicable Indian Tribe, the portion of the 

15 State land grant parcel located within the boundaries 

16 of the reservation shall be— 

17 (A) taken into trust by the Secretary on be18 half of, and for the benefit of, the Indian Tribe 

19 on the date of the conveyance; and 

20 (B) considered to be a part of the reserva21 tion of the Indian Tribe. 

22 (2) CONSULTATION REQUIRED.—Prior to the 

23 conveyance of a State land grant parcel located whol24 ly or partially within the boundaries of any reserva25 tion, the State and the Secretary shall consult with 

28 

•S 1088 RS

1 affected Indian Tribes, including the Indian Tribe the 

2 land of which is subject to conveyance in accordance 

3 with Executive Order 13175 (25 U.S.C. 5301 note; re4 lating to consultation and coordination with Indian 

5 tribal governments) and other applicable laws. 

6 (e) WITHDRAWAL.— 

7 (1) IN GENERAL.—Subject to valid rights in ex8 istence on the date of enactment of this Act, all unap9 propriated Federal land selected by the State for con10 veyance under this Act, effective beginning on the date 

11 on which the State makes the selection and ending on 

12 the date described in paragraph (2), is withdrawn 

13 from all forms of— 

14 (A) entry, appropriation, or disposal under 

15 the public land laws; 

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

17 mining laws; and 

18 (C) disposition under all laws pertaining to 

19 mineral and geothermal leasing or mineral ma20 terials. 

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

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

23 (A) the unappropriated Federal land is con24 veyed by the Secretary to the State; 

29 

•S 1088 RS

1 (B) the Secretary rejects the selection under 

2 subsection (a)(2); or 

3 (C) the State withdraws the selection. 

4 SEC. 4. VALUATION. 

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

6 grant parcel conveyed under this Act in consideration for 

7 a parcel of unappropriated Federal land selected in accord8 ance with this Act— 

9 (1) the overall value of the State land grant par10 cel and the overall value of the parcel of unappropri11 ated Federal land shall be substantially equal; or 

12 (2) subject to subsection (c), if the overall value 

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

14 parcel of lesser value shall— 

15 (A) equalize the value by the payment of 

16 funds to the other party; or 

17 (B) enter the imbalance in value on a ledger 

18 account in accordance with subsection (e). 

19 (b) APPRAISAL REQUIRED.— 

20 (1) IN GENERAL.—Except as provided in sub21 section (d), the value of the unappropriated Federal 

22 land selected in accordance with this Act and the 

23 value of a State land grant parcel conveyed under 

24 this Act shall be determined by appraisals conducted 

30 

•S 1088 RS

1 by 1 or more independent appraisers selected jointly 

2 by the Secretary and the State. 

3 (2) REQUIREMENTS.—An appraisal under para4 graph (1) shall be completed in accordance with— 

5 (A) the Uniform Appraisal Standards for 

6 Federal Land Acquisitions; or 

7 (B) subject to subsection (d)(1), the Uniform 

8 Standards for Professional Appraisal Practice. 

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

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

11 than the parcel of unappropriated Federal land to be con12 veyed to the State under this Act, the total value of the 

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

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

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

16 of unappropriated Federal land. 

17 (d) LOW VALUE PARCELS.— 

18 (1) IN GENERAL.—The Secretary, with the con19 sent of the State, may use mass appraisals, a sum20 mary appraisal, or a statement of value made by a 

21 qualified appraiser carried out in accordance with 

22 the Uniform Standards for Professional Appraisal 

23 Practice to determine the value of a State land grant 

24 parcel or a parcel of unappropriated Federal land to 

25 be conveyed under this Act instead of an appraisal 

31 

•S 1088 RS

1 that complies with the Uniform Appraisal Standards 

2 for Federal Land Acquisitions if the State and the 

3 Secretary agree that market value of the State land 

4 grant parcel or parcel of unappropriated Federal 

5 land, as applicable, is— 

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

7 (B) less than $500 per acre. 

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

9 parcel of unappropriated Federal land may not be ar10 tificially divided in order to qualify for a summary 

11 appraisal, mass appraisal, or statement of value 

12 under paragraph (1). 

13 (e) LEDGER ACCOUNTS.— 

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

15 grant parcel conveyed under this Act in consideration 

16 for a parcel of unappropriated Federal land, if the 

17 overall value of the parcels is not equal, the Secretary 

18 and the State may agree to use a ledger account to 

19 make equal the value. 

20 (2) IMBALANCES.—A ledger account described in 

21 paragraph (1) shall reflect imbalances in value to be 

22 reconciled in a subsequent transaction. 

23 (3) ACCOUNT BALANCING.—Each ledger account 

24 described in paragraph (1) shall be— 

32 

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1 (A) balanced not later than 3 years after 

2 the date on which the ledger account is estab3 lished; and 

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

5 date of the last conveyance of land under this 

6 Act. 

7 (4) COSTS.— 

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

9 State may assume costs or other responsibilities 

10 or requirements for conveying land under this 

11 Act that ordinarily are borne by the other party. 

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

13 State assume costs or other responsibilities under 

14 subparagraph (A), the Secretary or the State 

15 shall make adjustments to the value of the unap16 propriated Federal land conveyed to the State to 

17 compensate the Secretary or the State, as appli18 cable, for assuming the costs or other responsibil19 ities. 

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

21 any parcel of unappropriated Federal land that has 

22 been selected by the State because of the presence of 

23 minerals under a lease entered into under the Mineral 

24 Leasing Act (30 U.S.C. 181 et seq.) that is in a pro25 ducing or producible status, and the lease is to be conVerDate Sep 11 2014 00:59 Dec 13, 2023 Jkt 049200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6203 E:\BILLS\S1088.RS S1088
33 

•S 1088 RS

1 veyed under this Act, the value of the parcel shall be 

2 reduced by the amount that represents the likely Fed3 eral revenue sharing obligation under the Mineral 

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

5 but the adjustment shall not be considered as reflect6 ing a property right of the State. 

7 SEC. 5. MISCELLANEOUS. 

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

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

10 and Tribal law. 

11 (b) PROTECTION OF INDIAN RIGHTS.— 

12 (1) TREATY RIGHTS.—Nothing in this Act modi13 fies, limits, expands, or otherwise affects any treaty14 reserved right or other right of any Indian Tribe rec15 ognized by any other means, including treaties or 

16 agreements with the United States, Executive orders, 

17 statutes, regulations, or case law. 

18 (2) LAND OR MINERALS HELD IN TRUST.—Noth19 ing in this Act affects— 

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

21 United States as of the date of enactment of this 

22 Act on behalf of, and for the benefit of, any In23 dian Tribe; or 

24 (B) any individual Indian allotment. 

25 (c) HAZARDOUS MATERIALS.— 

34 

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

2 shall make available for review and inspection any 

3 record relating to hazardous materials on land to be 

4 conveyed under this Act. 

5 (2) CERTIFICATION.— 

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

7 conveyance of unappropriated Federal land 

8 under this Act, the Secretary shall complete an 

9 inspection and a hazardous materials certifi10 cation of the land to be conveyed. 

11 (B) STATE LAND GRANT PARCELS.—Prior 

12 to completing a conveyance of a State land grant 

13 parcel under this Act, the State shall complete 

14 an inspection and a hazardous materials certifi15 cation of the land to be conveyed. 

16 (d) GRAZING PERMITS.— 

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

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

19 grazing of domestic livestock in effect on the date of 

20 the conveyance, the Secretary or the State, as applica21 ble, shall allow the grazing to continue for the re22 mainder of the term of the lease, permit, or contract, 

23 subject to the related terms and conditions of the user 

24 agreements, including permitted stocking rates, grazVerDate Sep 11 2014 00:59 Dec 13, 2023 Jkt 049200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6203 E:\BILLS\S1088.RS S1088
35 

•S 1088 RS

1 ing fee levels, access, and ownership and use of range 

2 improvements. 

3 (2) CANCELLATION.— 

4 (A) IN GENERAL.—Nothing in this Act pre5 vents the Secretary or the State from canceling 

6 or modifying a grazing permit, lease, or contract 

7 if the land subject to the permit, lease, or con8 tract is sold, conveyed, transferred, or leased for 

9 nongrazing purposes. 

10 (B) BASE PROPERTIES.—If land conveyed 

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

12 permittee or lessee to meet the base property re13 quirements for a Federal grazing permit or lease, 

14 the land shall continue to qualify as a base prop15 erty for the remaining term of the lease or per16 mit and the term of any renewal or extension of 

17 the lease or permit. 

18 (C) RANGE IMPROVEMENTS.—Nothing in 

19 this Act prohibits a holder of a grazing lease, 

20 permit, or contract from being compensated for 

21 range improvements pursuant to the terms of the 

22 lease, permit, or contract under existing Federal 

23 or State laws. 

36 

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1 SEC. 6. SAVINGS CLAUSE. 

2 Nothing in this Act applies to or affects litigation or 

3 disputes pending on the date of enactment of this Act re4 garding the ownership of any land or mineral resources lo5 cated 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 selecother purposes. Tribes within the State of North Dakota, and for Dakota, to restore land and minerals to Indian tion of land and minerals in the State of North 

DECEMBER 12, 2023 

Reported with an amendment