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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4350 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4350

   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

_______________________________________________________________________

                                 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.

    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 ``Northern Cheyenne Lands Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Northern Cheyenne Tribe has depended on its lands 
        and land-based resources to support its way of life since time 
        immemorial.
            (2) The Tribe has made supreme and historic sacrifices to 
        repossess and maintain its homeland, including its Reservation 
        in Montana.
            (3) The Tribe currently suffers from tremendous social and 
        economic challenges, including a lack of employment 
        opportunities on the Reservation, which can be improved by 
        strengthening its control over its land base, natural 
        resources, and trust funds.
            (4) The Tribe and its members are currently the beneficial 
        owners of over 95 percent of the surface lands on the Northern 
        Cheyenne Reservation and all but approximately 5,000 subsurface 
        acres of the Reservation.
            (5) The Tribe seeks to obtain ownership of approximately 
        5,000 subsurface acres on its Reservation it does not own 
        because of an error by the United States to secure that 
        subsurface when the Reservation was expanded in 1900.
            (6) In 2002, the Tribe agreed by settlement to dismiss its 
        lawsuit against the United States, which alleged that the 
        United States failed to protect the Reservation from the 
        impacts of coal development, in return for assistance in 
        securing tribal ownership of those subsurface rights 
        substantially in the form of this Act, and to secure mitigation 
        funding to address the impacts of coal development in areas 
        adjacent to the Reservation, among other conditions.
            (7) To increase tribal ownership of the surface lands, the 
        Tribe has purchased approximately 932 acres of land within its 
        Reservation that were taken out of trust ownership status for 
        various reasons.
            (8) The Tribe has purchased approximately 635 acres of land 
        near Bear Butte, South Dakota, which the Tribe considers sacred 
        ground for its members, as well as for members of other tribes.
            (9) The Tribe now seeks to have the aforementioned lands 
        and subsurface within the Reservation and Bear Butte lands 
        taken into trust on its behalf by the United States.
            (10) If the actions authorized by this Act are completed, 
        the Tribe will waive all legal claims against the United States 
        arising out of the longstanding loss of the subsurface rights 
        and arising out of the United States management of the Northern 
        Cheyenne Trust Fund.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Fund.--The term ``Fund'' means the Northern Cheyenne 
        Trust Fund identified in the June 7, 1999 Agreement Settling 
        Certain Issues Relating to the Tongue River Dam Project which 
        was entered into by the Tribe, the State of Montana, and 
        delegates of the Secretary of the Interior, and managed by the 
        Office of Special Trustee in the Department of the Interior.
            (2) Great northern properties.--The term ``Great Northern 
        Properties'' means the Great Northern Properties Limited 
        Partnership, which is a Delaware limited partnership.
            (3) Permanent fund.--The term ``Permanent Fund'' means the 
        Northern Cheyenne Tribe Permanent Fund managed by the Northern 
        Cheyenne Tribe pursuant to the Plan for Investment, Management 
        and Use of the Fund, as amended by vote of the Tribal 
        membership on November 2, 2010.
            (4) Reservation.--The term ``Reservation'' means the 
        Northern Cheyenne Reservation.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means the State of Montana.
            (7) Tribe.--The term ``Tribe'' means the Northern Cheyenne 
        Tribe.

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

    Not later than 60 days after the date of the enactment of this Act, 
the Secretary shall take the approximately 1,568 acres of land depicted 
on the map entitled ``Northern Cheyenne Land Act--Fee-to-Trust Lands'' 
and dated March 26, 2014, and on the map entitled ``Northern Cheyenne 
Land Act--Fee-to-Trust Lands--Lame Deer Townsite'', and dated March 26, 
2014, into trust for the benefit of the Northern Cheyenne Tribe.

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

    (a) Completion of Mineral Conveyances.--Not later than 60 days 
after the date on which the Secretary receives the notification 
described in subsection (d), in a single transaction--
            (1) Great Northern Properties shall convey to the Tribe all 
        right, title, and interest of Great Northern Properties, 
        consisting of coal and iron ore mineral interests, underlying 
        the land on the Northern Cheyenne Reservation generally 
        depicted as ``Great Northern Properties'' on the map entitled 
        ``Northern Cheyenne Land Act--Coal Tracts'' and dated February 
        27, 2014;
            (2) the Secretary shall convey to Great Northern Properties 
        all right, title, and interest of the United States in and to 
        the coal mineral interests underlying the land generally 
        depicted as ``Bull Mountains'' and ``East Fork'' on the map 
        entitled ``Northern Cheyenne Federal Tracts'' and dated 
        February 27, 2014; and
            (3) the Secretary shall ensure that the deed for the 
        conveyance authorized by paragraph (2) shall include a 
        covenant, running with the land--
                    (A) that precludes the coal conveyed from being 
                mined by methods other than underground mining 
                techniques until any surface owner (as defined in 
                section 714 of Public Law 95-87 (30 U.S.C. 1304(e))) 
                for any specific tract has given written consent to 
                Great Northern Properties to enter such specific tract 
                and commence surface mining; and
                    (B) shall not create any property interest in the 
                United States or any surface owner (as defined in 
                section 714 of Public Law 95-87 (30 U.S.C. 1304(e))).
    (b) Trust Status.--Upon tribal request, the coal and iron ore 
mineral interests conveyed to the Tribe under this section shall be 
held in trust by the United States for the benefit of the Tribe.
    (c) Immunities.--The right, title, and interests conveyed to the 
Tribe under subsection (a)(1) shall not be subject to taxation by the 
State of Montana (including any political subdivision of the State of 
Montana).
    (d) Revenue Sharing Agreement.--Consistent with the Settlement 
Agreement entered into effective February 19, 2002, by the Montana 
State Board of Land Commissioners and the Tribe, the Tribe and Great 
Northern Properties have agreed on a formula for sharing revenue from 
development of the Northern Cheyenne Federal Tracts in the event that 
the Northern Cheyenne Federal Tracts are developed at a later date. The 
Tribe shall notify the Secretary in writing that the revenue sharing 
agreement remains in effect.
    (e) Waiver of Legal Claims.--In return for the conveyances of 
mineral interests under subsection (a)--
            (1) the Tribe shall waive any and all claims arising from 
        the continuing failure of the United States to acquire the 
        private coal and iron ore mineral interests identified in 
        subsection (a)(1) in trust for the Tribe as part of the 
        Reservation as directed by Congress in 1900; and
            (2) Great Northern Properties shall waive any claim against 
        the United States relating to the value or completion of the 
        conveyances under subsection (a).
    (f) Rescission of Mineral Conveyances.--If any portion of the 
mineral conveyances under subsection (a) is invalidated by a court of 
competent jurisdiction and the judgment of that court is not vacated or 
reversed on appeal--
            (1) not later than 1 year after the date on which there is 
        a final judgment, the Secretary or Great Northern Properties 
        may rescind completely each mineral conveyance under subsection 
        (a); and
            (2) if the Secretary or Great Northern Properties carries 
        out a rescission under paragraph (1), the waiver of the Tribe 
        under this section shall be considered to be rescinded.

SEC. 6. TRANSFER OF NORTHERN CHEYENNE TRUST FUND TO TRIBE.

    (a) Transfer of Fund.--Not later than 30 days after the date of the 
enactment of this Act, the Fund shall be transferred to the Tribe and 
deposited into the Tribe's Permanent Fund.
    (b) Permitted Uses of Fund.--The principal of the Fund, upon 
deposit in the Permanent Fund, shall be maintained in perpetuity, and 
the earnings of the Permanent Fund shall be used as provided in the 
Northern Cheyenne Tribe Permanent Fund Plan.
    (c) Waiver of Legal Claims.--In return for transfer of the Fund 
under subsection (a), the Tribe shall waive any and all claims arising 
from the United States management of the Fund.

SEC. 7. ELIGIBILITY FOR OTHER FEDERAL BENEFITS.

    No sums or other benefits provided to the Tribe under this Act 
shall result in the reduction or denial of any Federal services, 
benefits, or programs to the Tribe or to any member of the Tribe to 
which the Tribe or member is entitled or eligible because of--
            (1) the status of the Tribe as a federally recognized 
        Indian tribe; or
            (2) the status of the member as a member of the Tribe.
                                 <all>
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