II 

110TH CONGRESS 

1ST SESSION S. 1740 

To amend the Act of February 22, 1889, and the Act of July 2, 1862, 

to provide for the management of public land trust funds in the State 

of North Dakota. 

IN THE SENATE OF THE UNITED STATES 

JUNE 28, 2007 

Mr. CONRAD (for himself and Mr. DORGAN) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To amend the Act of February 22, 1889, and the Act of 

July 2, 1862, to provide for the management of public 

land trust funds in the State of North Dakota. 

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 Ena5 bling Act and First Morrill Act Amendments Act of 

6 2007’’. 


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1 SEC. 2. MANAGEMENT AND DISTRIBUTION OF NORTH DA2 KOTA TRUST FUNDS. 

3 The Act of February 22, 1889 (25 Stat. 676, chapter 

4 180), is amended by adding at the end the following: 

5 ‘‘SEC. 26. NORTH DAKOTA TRUST FUNDS. 

6 ‘‘(a) DISPOSITION.—Notwithstanding section 11, the 

7 State of North Dakota shall, with respect to any trust 

8 fund in which proceeds from the sale of public land are 

9 deposited under this Act (referred to in this section as the 

10 ‘trust fund’)— 

11 ‘‘(1) deposit all revenues earned by a trust fund 

12 into the trust fund; 

13 ‘‘(2) deduct the costs of administering a trust 

14 fund from each trust fund; and 

15 ‘‘(3) manage each trust fund to— 

16 ‘‘(A) preserve the purchasing power of the 

17 trust fund; and 

18 ‘‘(B) maintain stable distributions to trust 

19 fund beneficiaries. 

20 ‘‘(b) DISTRIBUTIONS.—Notwithstanding section 11, 

21 any distributions from trust funds in the State of North 

22 Dakota shall be made in accordance with section 2 of arti23 cle IX of the Constitution of the State of North Dakota. 

24 ‘‘(c) MANAGEMENT OF PROCEEDS.—Notwith25 standing section 13, the State of North Dakota shall manVerDate Aug 31 2005 04:02 Jul 03, 2007 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1740.IS S1740

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1 age the proceeds referred to in that section in accordance 

2 with subsections (a) and (b). 

3 ‘‘(d) MANAGEMENT OF LAND AND PROCEEDS.—Not4 withstanding sections 14 and 16, the State of North Da5 kota shall manage the land granted under that section, 

6 including any proceeds from the land, and make distribu7 tions in accordance with subsections (a) and (b).’’. 

8 SEC. 3. MANAGEMENT AND DISTRIBUTION OF MORRILL 

9 ACT GRANTS. 

10 The Act of July 2, 1862 (commonly known as the 

11 ‘‘First Morrill Act’’) (7 U.S.C. 301 et seq.), is amended 

12 by adding at the end the following: 

13 ‘‘SEC. 9. LAND GRANTS IN THE STATE OF NORTH DAKOTA. 

14 ‘‘(a) EXPENSES.—Notwithstanding section 3, the 

15 State of North Dakota shall manage the land granted to 

16 the State under the first section, including any proceeds 

17 from the land, in accordance with this section. 

18 ‘‘(b) DISPOSITION OF PROCEEDS.—Notwithstanding 

19 section 4, the State of North Dakota shall, with respect 

20 to any trust fund in which proceeds from the sale of land 

21 under this Act are deposited (referred to in this section 

22 as the ‘trust fund’)— 

23 ‘‘(1) deposit all revenues earned by a trust fund 

24 into the trust fund; 


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1 ‘‘(2) deduct the costs of administering a trust 

2 fund from each trust fund; and 

3 ‘‘(3) manage each trust fund to— 

4 ‘‘(A) preserve the purchasing power of the 

5 trust fund; and 

6 ‘‘(B) maintain stable distributions to trust 

7 fund beneficiaries. 

8 ‘‘(c) DISTRIBUTIONS.—Notwithstanding section 4, 

9 any distributions from trust funds in the State of North 

10 Dakota shall be made in accordance with section 2 of arti11 cle IX of the Constitution of the State of North Dakota. 

12 ‘‘(d) MANAGEMENT.—Notwithstanding section 5, the 

13 State of North Dakota shall manage the land granted 

14 under the first section, including any proceeds from the 

15 land, in accordance with this section.’’. 

16 SEC. 4. CONSENT OF CONGRESS. 

17 Effective July 1, 2009, Congress consents to the 

18 amendments to the Constitution of North Dakota pro19 posed by House Concurrent Resolution No. 3037 of the 

20 59th Legislature of the State of North Dakota entitled 

21 ‘‘A concurrent resolution for the amendment of sections 

22 1 and 2 of article IX of the Constitution of North Dakota, 

23 relating to distributions from and the management of the 

24 common schools trust fund and the trust funds of other 

25 educational or charitable institutions; and to provide a 


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1 contingent effective date’’ and approved by the voters of 

2 the State of North Dakota on November 7, 2006. 

Æ 


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