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Union Calendar No. 444 

113TH CONGRESS 

2D SESSION H. R. 4350 

[Report No. 113–597] 

To direct the Secretary of the Interior to take lands and mineral rights 

on the reservation of the Northern Cheyenne Tribe of Montana and 

other culturally important lands into trust, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 1, 2014 

Mr. DAINES introduced the following bill; which was referred to the 

Committee on Natural Resources 

SEPTEMBER 15, 2014 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 1, 2014] 


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A BILL 

To direct the Secretary of the Interior to take lands and 

mineral rights on the reservation of the Northern Cheyenne Tribe of Montana and other culturally important 

lands into trust, and for other purposes. 


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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 ‘‘Northern Cheyenne 

5 Lands Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The Northern Cheyenne Tribe has depended 

9 on its lands and land-based resources to support its 

10 way of life since time immemorial. 

11 (2) The Tribe has made supreme and historic 

12 sacrifices to repossess and maintain its homeland, in13 cluding its Reservation in Montana. 

14 (3) The Tribe currently suffers from tremendous 

15 social and economic challenges, including a lack of 

16 employment opportunities on the Reservation, which 

17 can be improved by strengthening its control over its 

18 land base, natural resources, and trust funds. 

19 (4) The Tribe and its members are currently the 

20 beneficial owners of over 95 percent of the surface 

21 lands on the Northern Cheyenne Reservation and all 

22 but approximately 5,000 subsurface acres of the Res23 ervation. 

24 (5) The Tribe seeks to obtain ownership of ap25 proximately 5,000 subsurface acres on its Reservation 


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1 it does not own because of an error by the United 

2 States to secure that subsurface when the Reservation 

3 was expanded in 1900. 

4 (6) In 2002, the Tribe agreed by settlement to 

5 dismiss its lawsuit against the United States, which 

6 alleged that the United States failed to protect the 

7 Reservation from the impacts of coal development, in 

8 return for assistance in securing tribal ownership of 

9 those subsurface rights substantially in the form of 

10 this Act, and to secure mitigation funding to address 

11 the impacts of coal development in areas adjacent to 

12 the Reservation, among other conditions. 

13 (7) To increase tribal ownership of the surface 

14 lands, the Tribe has purchased approximately 932 

15 acres of land within its Reservation that were taken 

16 out of trust ownership status for various reasons. 

17 (8) The Tribe has purchased approximately 635 

18 acres of land near Bear Butte, South Dakota, which 

19 the Tribe considers sacred ground for its members, as 

20 well as for members of other tribes. 

21 (9) The Tribe now seeks to have the aforemen22 tioned lands and subsurface within the Reservation 

23 and Bear Butte lands taken into trust on its behalf 

24 by the United States. 


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1 (10) If the actions authorized by this Act are 

2 completed, the Tribe will waive all legal claims 

3 against the United States arising out of the long4 standing loss of the subsurface rights and arising out 

5 of the United States management of the Northern 

6 Cheyenne Trust Fund. 

7 SEC. 3. DEFINITIONS. 

8 In this Act: 

9 (1) FUND.—The term ‘‘Fund’’ means the North10 ern Cheyenne Trust Fund identified in the June 7, 

11 1999 Agreement Settling Certain Issues Relating to 

12 the Tongue River Dam Project which was entered into 

13 by the Tribe, the State of Montana, and delegates of 

14 the Secretary of the Interior, and managed by the Of15 fice of Special Trustee in the Department of the Inte16 rior. 

17 (2) GREAT NORTHERN PROPERTIES.—The term 

18 ‘‘Great Northern Properties’’ means the Great North19 ern Properties Limited Partnership, which is a Dela20 ware limited partnership. 

21 (3) PERMANENT FUND.—The term ‘‘Permanent 

22 Fund’’ means the Northern Cheyenne Tribe Perma23 nent Fund managed by the Northern Cheyenne Tribe 

24 pursuant to the Plan for Investment, Management 


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1 and Use of the Fund, as amended by vote of the Trib2 al membership on November 2, 2010. 

3 (4) RESERVATION.—The term ‘‘Reservation’’ 

4 means the Northern Cheyenne Reservation. 

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

6 the Secretary of the Interior. 

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

8 of Montana. 

9 (7) TRIBE.—The term ‘‘Tribe’’ means the North10 ern Cheyenne Tribe. 

11 SEC. 4. TRIBAL FEE LANDS TO BE TAKEN INTO TRUST. 

12 Not later than 60 days after the date of the enactment 

13 of this Act, the Secretary shall take the approximately 1,568 

14 acres of land depicted on the map entitled ‘‘Northern Chey15 enne Land Act—Fee-to-Trust Lands’’ and dated March 26, 

16 2014, and on the map entitled ‘‘Northern Cheyenne Land 

17 Act—Fee-to-Trust Lands—Lame Deer Townsite’’, and 

18 dated March 26, 2014, into trust for the benefit of the North19 ern Cheyenne Tribe. 

20 SEC. 5. MINERAL RIGHTS TO BE TAKEN INTO TRUST. 

21 (a) COMPLETION OF MINERAL CONVEYANCES.—Not 

22 later than 60 days after the date on which the Secretary 

23 receives the notification described in subsection (d), in a 

24 single transaction— 


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1 (1) Great Northern Properties shall convey to the 

2 Tribe all right, title, and interest of Great Northern 

3 Properties, consisting of coal and iron ore mineral in4 terests, underlying the land on the Northern Cheyenne 

5 Reservation generally depicted as ‘‘Great Northern 

6 Properties’’ on the map entitled ‘‘Northern Cheyenne 

7 Land Act—Coal Tracts’’ and dated February 27, 

8 2014; 

9 (2) the Secretary shall convey to Great Northern 

10 Properties all right, title, and interest of the United 

11 States in and to the coal mineral interests underlying 

12 the land generally depicted as ‘‘Bull Mountains’’ and 

13 ‘‘East Fork’’ on the map entitled ‘‘Northern Cheyenne 

14 Land Act—Coal Tracts’’ and dated February 27, 

15 2014; and 

16 (3) the Secretary shall ensure that the deed for 

17 the conveyance authorized by paragraph (2) shall in18 clude a covenant, running with the land— 

19 (A) that precludes the coal conveyed from 

20 being mined by methods other than underground 

21 mining techniques until any surface owner (as 

22 defined in section 714 of Public Law 95–87 (30 

23 U.S.C. 1304(e))) for any specific tract has given 

24 written consent to Great Northern Properties to 


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1 enter such specific tract and commence surface 

2 mining; and 

3 (B) shall not create any property interest in 

4 the United States or any surface owner (as de5 fined in section 714 of Public Law 95–87 (30 

6 U.S.C. 1304(e))). 

7 (b) TRUST STATUS.—Upon tribal request, the coal and 

8 iron ore mineral interests conveyed to the Tribe under this 

9 section shall be held in trust by the United States for the 

10 benefit of the Tribe. 

11 (c) IMMUNITIES.—The right, title, and interests con12 veyed to the Tribe under subsection (a)(1) shall not be sub13 ject to taxation by the State of Montana (including any 

14 political subdivision of the State of Montana). 

15 (d) REVENUE SHARING AGREEMENT.—Consistent 

16 with the Settlement Agreement entered into effective Feb17 ruary 19, 2002, by the Montana State Board of Land Com18 missioners and the Tribe, the Tribe and Great Northern 

19 Properties have agreed on a formula for sharing revenue 

20 from development of the Northern Cheyenne Federal Tracts 

21 in the event that the Northern Cheyenne Federal Tracts are 

22 developed at a later date. The Tribe shall notify the Sec23 retary in writing that the revenue sharing agreement re24 mains in effect. 


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1 (e) WAIVER OF LEGAL CLAIMS.—In return for the con2 veyances of mineral interests under subsection (a)— 

3 (1) the Tribe shall waive any and all claims 

4 arising from the continuing failure of the United 

5 States to acquire the private coal and iron ore min6 eral interests identified in subsection (a)(1) in trust 

7 for the Tribe as part of the Reservation as directed 

8 by Congress in 1900; and 

9 (2) Great Northern Properties shall waive any 

10 claim against the United States relating to the value 

11 or completion of the conveyances under subsection (a). 

12 (f) RESCISSION OF MINERAL CONVEYANCES.—If any 

13 portion of the mineral conveyances under subsection (a) is 

14 invalidated by a court of competent jurisdiction and the 

15 judgment of that court is not vacated or reversed on ap16 peal— 

17 (1) not later than 1 year after the date on which 

18 there is a final judgment, the Secretary or Great 

19 Northern Properties may rescind completely each 

20 mineral conveyance under subsection (a); and 

21 (2) if the Secretary or Great Northern Properties 

22 carries out a rescission under paragraph (1), the 

23 waiver of the Tribe under this section shall be consid24 ered to be rescinded. 


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1 SEC. 6. TRANSFER OF NORTHERN CHEYENNE TRUST FUND 

2 TO TRIBE. 

3 (a) TRANSFER OF FUND.—Not later than 30 days after 

4 the date of the enactment of this Act, the Fund shall be 

5 transferred to the Tribe and deposited into the Tribe’s Per6 manent Fund. 

7 (b) PERMITTED USES OF FUND.—The principal of the 

8 Fund, upon deposit in the Permanent Fund, shall be main9 tained in perpetuity, and the earnings of the Permanent 

10 Fund shall be used as provided in the Northern Cheyenne 

11 Tribe Permanent Fund Plan. 

12 (c) WAIVER OF LEGAL CLAIMS.—In return for transfer 

13 of the Fund under subsection (a), the Tribe shall waive any 

14 and all claims arising from the United States management 

15 of the Fund. 

16 SEC. 7. ELIGIBILITY FOR OTHER FEDERAL BENEFITS. 

17 No sums or other benefits provided to the Tribe under 

18 this Act shall result in the reduction or denial of any Fed19 eral services, benefits, or programs to the Tribe or to any 

20 member of the Tribe to which the Tribe or member is enti21 tled or eligible because of— 

22 (1) the status of the Tribe as a federally recog23 nized Indian tribe; or 

24 (2) the status of the member as a member of the 

25 Tribe. 


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Union Calendar No. 444 

113TH CONGRESS 

2D SESSION H. R. 4350 

[Report No. 113–597] 

A BILL 

To direct the Secretary of the Interior to take lands 

other purposes. culturally important lands into trust, and for Northern Cheyenne Tribe of Montana and other and mineral rights on the reservation of the 

SEPTEMBER 15, 2014 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


emcdonald on DSK67QTVN1PROD with BILLS