II 

Calendar No. 650 

110TH CONGRESS 

2D SESSION S. 1740 

[Report No. 110–298] 

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 

APRIL 10, 2008 

Reported by Mr. BINGAMAN, without amendment 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘North Dakota Ena3 bling Act and First Morrill Act Amendments Act of 

4 2007’’. 

5 SEC. 2. MANAGEMENT AND DISTRIBUTION OF NORTH DA6 KOTA TRUST FUNDS. 

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

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

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

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

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

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

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

14 ‘trust fund’)— 

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

16 into the trust fund; 

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

18 fund from each trust fund; and 

19 ‘‘(3) manage each trust fund to— 

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

21 trust fund; and 

22 ‘‘(B) maintain stable distributions to trust 

23 fund beneficiaries. 

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

25 any distributions from trust funds in the State of North 


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1 Dakota shall be made in accordance with section 2 of arti2 cle IX of the Constitution of the State of North Dakota. 

3 ‘‘(c) MANAGEMENT OF PROCEEDS.—Notwith4 standing section 13, the State of North Dakota shall man5 age the proceeds referred to in that section in accordance 

6 with subsections (a) and (b). 

7 ‘‘(d) MANAGEMENT OF LAND AND PROCEEDS.—Not8 withstanding sections 14 and 16, the State of North Da9 kota shall manage the land granted under that section, 

10 including any proceeds from the land, and make distribu11 tions in accordance with subsections (a) and (b).’’. 

12 SEC. 3. MANAGEMENT AND DISTRIBUTION OF MORRILL 

13 ACT GRANTS. 

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

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

16 by adding at the end the following: 

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

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

19 State of North Dakota shall manage the land granted to 

20 the State under the first section, including any proceeds 

21 from the land, in accordance with this section. 

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

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

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


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

2 as the ‘trust fund’)— 

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

4 into the trust fund; 

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

6 fund from each trust fund; and 

7 ‘‘(3) manage each trust fund to— 

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

9 trust fund; and 

10 ‘‘(B) maintain stable distributions to trust 

11 fund beneficiaries. 

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

13 any distributions from trust funds in the State of North 

14 Dakota shall be made in accordance with section 2 of arti15 cle IX of the Constitution of the State of North Dakota. 

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

17 State of North Dakota shall manage the land granted 

18 under the first section, including any proceeds from the 

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

20 SEC. 4. CONSENT OF CONGRESS. 

21 Effective July 1, 2009, Congress consents to the 

22 amendments to the Constitution of North Dakota pro23 posed by House Concurrent Resolution No. 3037 of the 

24 59th Legislature of the State of North Dakota entitled 

25 ‘‘A concurrent resolution for the amendment of sections 


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

2 relating to distributions from and the management of the 

3 common schools trust fund and the trust funds of other 

4 educational or charitable institutions; and to provide a 

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

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


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Calendar No. 650 

110TH CONGRESS 

2D SESSION S. 1740 

[Report No. 110

–298] 

A BILL 

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

North Dakota. ment of public land trust funds in the State of Act of July 2, 1862, to provide for the manageAPRIL 10, 2008 

Reported without amendment 


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