```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2442 Reported in Senate (RS)]

                                                       Calendar No. 542
113th CONGRESS
  2d Session
                                S. 2442

   To direct the Secretary of the Interior to take certain land and 
  mineral rights on the reservation of the Northern Cheyenne Tribe of 
Montana and other culturally important land into trust for the benefit 
        of the Northern Cheyenne Tribe, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              June 5, 2014

 Mr. Walsh (for himself and Mr. Tester) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

                            August 26, 2014

   Reported, under authority of the order of the Senate of August 5 
  (legislative day, August 1), 2014, by Mr. Tester, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
   To direct the Secretary of the Interior to take certain land and 
  mineral rights on the reservation of the Northern Cheyenne Tribe of 
Montana and other culturally important land into trust for the benefit 
        of the Northern Cheyenne Tribe, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Northern Cheyenne Lands 
Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) the Northern Cheyenne Tribe has depended on 
        the land of the Tribe and the land-based resources of the Tribe 
        to support its way of life since time immemorial;</DELETED>
        <DELETED>    (2) the Tribe has made supreme and historic 
        sacrifices to repossess and maintain the homeland of the Tribe, 
        including the Reservation of the Tribe in the State of 
        Montana;</DELETED>
        <DELETED>    (3) the Tribe suffers from tremendous social and 
        economic challenges, including a lack of employment 
        opportunities on the Reservation, which can be improved by 
        strengthening the control of the Tribe over the land base, 
        natural resources, and trust funds of the Tribe;</DELETED>
        <DELETED>    (4) the Tribe seeks a variety of resolutions to 
        outstanding legal obstacles that have prevented the Tribe from 
        consolidating subsurface and surface trust ownership on the 
        Reservation;</DELETED>
        <DELETED>    (5) the Tribe and the members of the Tribe are the 
        beneficial owners of more than 95 percent of the surface land 
        of the Reservation and all but approximately 5,000 subsurface 
        acres of the Reservation;</DELETED>
        <DELETED>    (6) the Tribe seeks to obtain ownership of 
        approximately 5,000 subsurface acres on the Reservation that 
        the Tribe does not own as a result of an error made by the 
        United States when the Reservation was expanded in 
        1900;</DELETED>
        <DELETED>    (7) in 2002, the Tribe agreed by settlement to 
        dismiss a 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 the subsurface rights described in 
        paragraph (6) 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;</DELETED>
        <DELETED>    (8) to increase tribal ownership of the surface 
        land, the Tribe has purchased approximately 932 acres of land 
        within the Reservation that were, for various reasons, taken 
        out of trust ownership status;</DELETED>
        <DELETED>    (9) the Tribe has purchased approximately 635 
        acres of land near Bear Butte, South Dakota, which the Tribe 
        considers sacred ground for the members of the Tribe, as well 
        as for members of other Indian tribes;</DELETED>
        <DELETED>    (10) the Tribe seeks to have the land and 
        subsurface within the Reservation and the Bear Butte land 
        described in this section taken into trust by the United States 
        for the benefit of the Tribe;</DELETED>
        <DELETED>    (11) the Tribe seeks clarification, consistent 
        with the 1999 settlement with the United States, that the 
        principal of the funds arising from the Northern Cheyenne 
        Indian Reserved Water Rights Settlement Act of 1992 (Public Law 
        102-374; 106 Stat. 1186; 108 Stat. 707), the earnings from 
        which are paid to the Tribe and managed as the ``Northern 
        Cheyenne Trust Fund'' by the Office of Special Trustee, may be 
        transferred to the Northern Cheyenne Tribe Permanent Fund, 
        which has historically provided strong returns to the Tribe in 
        direct support of tribal self-determination and to offset 
        limited Federal funding of important tribal governmental 
        services; and</DELETED>
        <DELETED>    (12) if the conveyances of land and funds 
        authorized under this Act are carried out, the Tribe has agreed 
        to waive all legal claims against the United States arising out 
        of the longstanding loss of the subsurface rights and the 
        management of the Northern Cheyenne Trust Fund by the United 
        States.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (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, and 
        delegates of the Secretary, and managed by the Office of 
        Special Trustee in the Department of the Interior.</DELETED>
        <DELETED>    (2) Great northern properties.--The term ``Great 
        Northern Properties'' means the Great Northern Properties 
        Limited Partnership, which is a Delaware limited 
        partnership.</DELETED>
        <DELETED>    (3) Permanent fund.--The term ``Permanent Fund'' 
        means the Northern Cheyenne Tribe Permanent Fund managed by the 
        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.</DELETED>
        <DELETED>    (4) Reservation.--The term ``Reservation'' means 
        the Northern Cheyenne Reservation.</DELETED>
        <DELETED>    (5) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (6) State.--The term ``State'' means the State of 
        Montana.</DELETED>
        <DELETED>    (7) Tribe.--The term ``Tribe'' means the Northern 
        Cheyenne Tribe.</DELETED>

<DELETED>SEC. 4. TRIBAL FEE LAND TO BE TAKEN INTO TRUST.</DELETED>

<DELETED>    Not later than 60 days after the date of enactment of this 
Act, the Secretary shall take into trust for the benefit of the Tribe 
the approximately 1,567 acres of land depicted on--</DELETED>
        <DELETED>    (1) the map entitled ``Northern Cheyenne Lands Act 
        - Fee-to-Trust Lands'' and dated April 22, 2014; and</DELETED>
        <DELETED>    (2) the map entitled ``Northern Cheyenne Lands Act 
        - Fee-to-Trust Lands - Lame Deer Townsite'' and dated April 22, 
        2014.</DELETED>

<DELETED>SEC. 5. MINERAL RIGHTS TO BE TAKEN INTO TRUST.</DELETED>

<DELETED>    (a) Completion of Mineral Conveyances.--</DELETED>
        <DELETED>    (1) In general.--Not later than 60 days after the 
        date on which the Secretary receives the notification described 
        in subsection (c), in a single transaction--</DELETED>
                <DELETED>    (A) 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 
                Reservation generally depicted as ``Great Northern 
                Properties'' on the map entitled ``Northern Cheyenne 
                Land Act - Coal Tracts'' and dated April 22, 2014; 
                and</DELETED>
                <DELETED>    (B) subject to paragraph (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 April 22, 2014.</DELETED>
        <DELETED>    (2) Requirement.--The Secretary shall ensure that 
        the deed for the conveyance authorized by paragraph (1)(B) 
        shall include a covenant running with the land that--</DELETED>
                <DELETED>    (A) precludes the coal conveyed from being 
                mined by any method other than underground mining 
                techniques--</DELETED>
                        <DELETED>    (i) until any surface owner (as 
                        defined in section 714(e) of Public Law 95-87 
                        (30 U.S.C. 1304(e))) for a specific tract has 
                        provided to Great Northern Properties written 
                        consent to enter the specific tract and 
                        commence surface mining; and</DELETED>
                        <DELETED>    (ii) except as determined to be 
                        acceptable for further consideration for 
                        leasing in the document of the Bureau of Land 
                        Management entitled ``Billings Resource Area 
                        Final EIS and Resource Management Plan'' and 
                        dated September 1984; and</DELETED>
                <DELETED>    (B) shall not create any property interest 
                in the United States or any surface owner (as defined 
                in section 714(e) of Public Law 95-87 (30 U.S.C. 
                1304(e))).</DELETED>
<DELETED>    (b) Treatment of Land Transferred to Tribe.--</DELETED>
        <DELETED>    (1) In general.--At the request of the Tribe, the 
        Secretary shall take into trust for the benefit of the Tribe 
        the mineral interests conveyed to the Tribe under subsection 
        (a)(1)(A).</DELETED>
        <DELETED>    (2) No state taxation.--The mineral interests 
        conveyed to the Tribe under subsection (a)(1)(A) shall not be 
        subject to taxation by the State (including any political 
        subdivision of the State).</DELETED>
<DELETED>    (c) Revenue Sharing Agreement.--The Tribe shall notify the 
Secretary, in writing, that--</DELETED>
        <DELETED>    (1) consistent with a settlement agreement entered 
        into between the Tribe and the State in 2002, the Tribe and 
        Great Northern Properties have agreed on a formula for sharing 
        revenue from development of the mineral interests described in 
        subsection (a)(1)(B) if those mineral interests are 
        developed;</DELETED>
        <DELETED>    (2) the revenue sharing agreement remains in 
        effect as of the date of enactment of this Act; and</DELETED>
        <DELETED>    (3) Great Northern Properties has offered to 
        convey the mineral interests described in subsection (a)(1)(A) 
        to the Tribe.</DELETED>
<DELETED>    (d) Waiver of Legal Claims.--As a condition of the 
conveyances of mineral interests under subsection (a)(1)--</DELETED>
        <DELETED>    (1) the Tribe shall waive any and all claims 
        relating to the failure of the United States to acquire and 
        take into trust on behalf of the Tribe the mineral interests 
        described in subsection (a)(1)(A), as directed by Congress in 
        1900; and</DELETED>
        <DELETED>    (2) Great Northern Properties shall waive any and 
        all claims against the United States relating to the value of 
        the coal mineral interests described in subsection 
        (a)(1)(B).</DELETED>
<DELETED>    (e) Rescission of Mineral Conveyances.--If any portion of 
the mineral interests conveyed under subsection (a)(1) is invalidated 
by final judgment of a court of the United States--</DELETED>
        <DELETED>    (1) not later than 1 year after the date on which 
        the final judgment is rendered, the Secretary or Great Northern 
        Properties may agree to rescind the conveyances under 
        subsection (a)(1); and</DELETED>
        <DELETED>    (2) if the conveyances are rescinded under 
        paragraph (1), the waivers under subsection (d) shall no longer 
        apply.</DELETED>

<DELETED>SEC. 6. TRANSFER OF NORTHERN CHEYENNE TRUST FUND TO 
              TRIBE.</DELETED>

<DELETED>    (a) In General.--Not later than 30 days after the date of 
enactment of this Act, all amounts in the Fund shall be deposited in 
the Permanent Fund.</DELETED>
<DELETED>    (b) Use of Amounts.--Of the amounts transferred to the 
Permanent Fund under subsection (a)--</DELETED>
        <DELETED>    (1) the portion that is attributable to the 
        principal of the Fund shall be maintained in perpetuity; 
        and</DELETED>
        <DELETED>    (2) any interest earned on the amounts described 
        in paragraph (1) shall be used in the same manner as interest 
        earned on amounts in the Permanent Fund may be used.</DELETED>
<DELETED>    (c) Waiver of Legal Claims.--As a condition of the 
transfer under subsection (a), the Tribe shall waive any and all claims 
arising from the management of the Fund by the United States.</DELETED>

<DELETED>SEC. 7. LAND CONSOLIDATION AND FRACTIONATION 
              REPORTING.</DELETED>

<DELETED>    (a) Inventory.--</DELETED>
        <DELETED>    (1) In general.--The Secretary, in consultation 
        with the Tribe, shall prepare an inventory of fractionated land 
        interests held by the United States in trust for the benefit 
        of--</DELETED>
                <DELETED>    (A) the Tribe; or</DELETED>
                <DELETED>    (B) individual Indians on the 
                Reservation.</DELETED>
        <DELETED>    (2) Agricultural purposes.--The inventory prepared 
        by the Secretary under this subsection shall include details 
        currently available about fractionated land on the Reservation 
        suitable for agricultural purposes.</DELETED>
        <DELETED>    (3) Submission.--The Secretary shall submit the 
        inventory prepared under this subsection to the Committee on 
        Indian Affairs of the Senate and the Committee on Natural 
        Resources of the House of Representatives by not later than 180 
        days after the date of enactment of this Act.</DELETED>
<DELETED>    (b) Report.--</DELETED>
        <DELETED>    (1) In general.--The Secretary, in consultation 
        with the Tribe, shall prepare periodic reports regarding 
        obstacles to consolidating trust land ownership on the 
        Reservation.</DELETED>
        <DELETED>    (2) Contents.--The reports under this subsection 
        shall include--</DELETED>
                <DELETED>    (A) a description of existing obstacles to 
                consolidating trust land ownership, including the 
                extent of fractionation;</DELETED>
                <DELETED>    (B) a description of progress achieved by 
                the Tribe toward reducing fractionation and increasing 
                trust land ownership;</DELETED>
                <DELETED>    (C) an analysis of progress achieved by 
                the Tribe toward making agricultural use economical on 
                trust land; and</DELETED>
                <DELETED>    (D) any applicable outcomes and lessons 
                learned from land consolidation activities undertaken 
                pursuant to the Indian Land Consolidation Act (25 
                U.S.C. 2201 et seq.).</DELETED>
        <DELETED>    (3) Submission.--The Secretary shall submit the 
        reports under this subsection to the Committee on Indian 
        Affairs of the Senate and the Committee on Natural Resources of 
        the House of Representatives not less frequently than once each 
        calendar year for the 5-year period beginning on the date of 
        enactment of this Act.</DELETED>

<DELETED>SEC. 8. ELIGIBILITY FOR OTHER FEDERAL BENEFITS.</DELETED>

<DELETED>    The transfer under section 6 shall not result in the 
reduction or denial of any Federal service, benefit, or program to the 
Tribe or to any member of the Tribe to which the Tribe or member is 
entitled or eligible because of--</DELETED>
        <DELETED>    (1) the status of the Tribe as a federally 
        recognized Indian tribe; or</DELETED>
        <DELETED>    (2) the status of the member as a member of the 
        Tribe.</DELETED>

<DELETED>SEC. 9. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated to carry out this 
Act such sums as are necessary.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Northern Cheyenne Lands Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Northern Cheyenne Tribe has depended on the land of 
        the Tribe and the land-based resources of the Tribe to support 
        its way of life since time immemorial;
            (2) the Tribe has made supreme and historic sacrifices to 
        repossess and maintain the homeland of the Tribe, including the 
        Reservation of the Tribe in the State of Montana;
            (3) the Tribe suffers from tremendous social and economic 
        challenges, including a lack of employment opportunities on the 
        Reservation, which can be improved by strengthening the control 
        of the Tribe over the land base, natural resources, and trust 
        funds of the Tribe;
            (4) the Tribe seeks a variety of resolutions to outstanding 
        legal obstacles that have prevented the Tribe from 
        consolidating subsurface and surface trust ownership on the 
        Reservation;
            (5) the Tribe and the members of the Tribe are the 
        beneficial owners of more than 95 percent of the surface land 
        of the Reservation and all but approximately 5,000 subsurface 
        acres of the Reservation;
            (6) the Tribe seeks to obtain ownership of approximately 
        5,000 subsurface acres on the Reservation that the Tribe does 
        not own as a result of an error made by the United States when 
        the Reservation was expanded in 1900;
            (7) in 2002, the Tribe agreed by settlement to dismiss a 
        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 the subsurface rights described in paragraph (6) 
        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;
            (8) to increase tribal ownership of the surface land, the 
        Tribe has purchased approximately 932 acres of land within the 
        Reservation that were, for various reasons, taken out of trust 
        ownership status;
            (9) the Tribe has purchased approximately 635 acres of land 
        near Bear Butte, South Dakota, which the Tribe considers sacred 
        ground for the members of the Tribe, as well as for members of 
        other Indian tribes;
            (10) the Tribe seeks to have the land and subsurface within 
        the Reservation and the Bear Butte land described in this 
        section taken into trust by the United States for the benefit 
        of the Tribe;
            (11) the Tribe seeks clarification, consistent with the 
        1999 settlement with the United States, that the principal of 
        the funds arising from the Northern Cheyenne Indian Reserved 
        Water Rights Settlement Act of 1992 (Public Law 102-374; 106 
        Stat. 1186; 108 Stat. 707), the earnings from which are paid to 
        the Tribe and managed as the ``Northern Cheyenne Trust Fund'' 
        by the Office of Special Trustee, may be transferred to the 
        Northern Cheyenne Tribe Permanent Fund, which has historically 
        provided strong returns to the Tribe in direct support of 
        tribal self-determination and to offset limited Federal funding 
        of important tribal governmental services; and
            (12) if the conveyances of land and funds authorized under 
        this Act are carried out, the Tribe has agreed to waive all 
        legal claims against the United States arising out of the 
        longstanding loss of the subsurface rights and the management 
        of the Northern Cheyenne Trust Fund by the United States.

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, and delegates of the 
        Secretary, 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 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 LAND TO BE TAKEN INTO TRUST.

    (a) In General.--Subject to subsection (b), not later than 60 days 
after the date of enactment of this Act, the Secretary shall take into 
trust for the benefit of the Tribe the approximately 932 acres of land 
depicted on--
            (1) the map entitled ``Northern Cheyenne Lands Act - Fee-
        to-Trust Lands'' and dated April 22, 2014; and
            (2) the map entitled ``Northern Cheyenne Lands Act - Fee-
        to-Trust Lands - Lame Deer Townsite'' and dated April 22, 2014.
    (b) Limitation.--Any land located in the State of South Dakota that 
is included on the maps referred to in paragraphs (1) and (2) of 
subsection (a) shall not be taken into trust pursuant to that 
subsection.

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

    (a) Completion of Mineral Conveyances.--
            (1) In general.--Not later than 60 days after the date on 
        which the Secretary receives the notification described in 
        subsection (c), in a single transaction--
                    (A) 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 Reservation 
                generally depicted as ``Great Northern Properties'' on 
                the map entitled ``Northern Cheyenne Land Act - Coal 
                Tracts'' and dated April 22, 2014; and
                    (B) subject to paragraph (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 April 22, 2014.
            (2) Requirement.--The Secretary shall ensure that the deed 
        for the conveyance authorized by paragraph (1)(B) shall include 
        a covenant running with the land that--
                    (A) precludes the coal conveyed from being mined by 
                any method other than underground mining techniques 
                until any surface owner (as defined in section 714(e) 
                of Public Law 95-87 (30 U.S.C. 1304(e))) for a specific 
                tract has provided to Great Northern Properties written 
                consent to enter the specific tract and commence 
                surface mining;
                    (B) shall not create any property interest in the 
                United States or any surface owner (as defined in 
                section 714(e) of Public Law 95-87 (30 U.S.C. 
                1304(e))); and
                    (C) shall not affect, abridge, or amend any valid 
                existing rights of any surface owner of a specific 
                tract or any adjacent tracts.
    (b) Treatment of Land Transferred to Tribe.--
            (1) In general.--At the request of the Tribe, the Secretary 
        shall take into trust for the benefit of the Tribe the mineral 
        interests conveyed to the Tribe under subsection (a)(1)(A).
            (2) No state taxation.--The mineral interests conveyed to 
        the Tribe under subsection (a)(1)(A) shall not be subject to 
        taxation by the State (including any political subdivision of 
        the State).
    (c) Revenue Sharing Agreement.--The Tribe shall notify the 
Secretary, in writing, that--
            (1) consistent with a settlement agreement entered into 
        between the Tribe and the State in 2002, the Tribe and Great 
        Northern Properties have agreed on a formula for sharing 
        revenue from development of the mineral interests described in 
        subsection (a)(1)(B) if those mineral interests are developed;
            (2) the revenue sharing agreement remains in effect as of 
        the date of enactment of this Act; and
            (3) Great Northern Properties has offered to convey the 
        mineral interests described in subsection (a)(1)(A) to the 
        Tribe.
    (d) Waiver of Legal Claims.--As a condition of the conveyances of 
mineral interests under subsection (a)(1)--
            (1) the Tribe shall waive any and all claims relating to 
        the failure of the United States to acquire and take into trust 
        on behalf of the Tribe the mineral interests described in 
        subsection (a)(1)(A), as directed by Congress in 1900; and
            (2) Great Northern Properties shall waive any and all 
        claims against the United States relating to the value of the 
        coal mineral interests described in subsection (a)(1)(B).
    (e) Rescission of Mineral Conveyances.--If any portion of the 
mineral interests conveyed under subsection (a)(1) is invalidated by 
final judgment of a court of the United States--
            (1) not later than 1 year after the date on which the final 
        judgment is rendered, the Secretary or Great Northern 
        Properties may agree to rescind the conveyances under 
        subsection (a)(1); and
            (2) if the conveyances are rescinded under paragraph (1), 
        the waivers under subsection (d) shall no longer apply.

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

    (a) In General.--Not later than 30 days after the date of enactment 
of this Act, all amounts in the Fund shall be deposited in the 
Permanent Fund.
    (b) Use of Amounts.--Of the amounts transferred to the Permanent 
Fund under subsection (a)--
            (1) the portion that is attributable to the principal of 
        the Fund shall be maintained in perpetuity; and
            (2) any interest earned on the amounts described in 
        paragraph (1) shall be used in the same manner as interest 
        earned on amounts in the Permanent Fund may be used.
    (c) Waiver of Legal Claims.--As a condition of the transfer under 
subsection (a), the Tribe shall waive any and all claims arising from 
the management of the Fund by the United States.

SEC. 7. LAND CONSOLIDATION AND FRACTIONATION REPORTING.

    (a) Inventory.--
            (1) In general.--The Secretary, in consultation with the 
        Tribe, shall prepare an inventory of fractionated land 
        interests held by the United States in trust for the benefit 
        of--
                    (A) the Tribe; or
                    (B) individual Indians on the Reservation.
            (2) Agricultural purposes.--The inventory prepared by the 
        Secretary under this subsection shall include details currently 
        available about fractionated land on the Reservation suitable 
        for agricultural purposes.
            (3) Submission.--The Secretary shall submit the inventory 
        prepared under this subsection to the Committee on Indian 
        Affairs of the Senate and the Committee on Natural Resources of 
        the House of Representatives by not later than 180 days after 
        the date of enactment of this Act.
    (b) Report.--
            (1) In general.--The Secretary, in consultation with the 
        Tribe, shall prepare periodic reports regarding obstacles to 
        consolidating trust land ownership on the Reservation.
            (2) Contents.--The reports under this subsection shall 
        include--
                    (A) a description of existing obstacles to 
                consolidating trust land ownership, including the 
                extent of fractionation;
                    (B) a description of progress achieved by the Tribe 
                toward reducing fractionation and increasing trust land 
                ownership;
                    (C) an analysis of progress achieved by the Tribe 
                toward making agricultural use economical on trust 
                land; and
                    (D) any applicable outcomes and lessons learned 
                from land consolidation activities undertaken pursuant 
                to the Indian Land Consolidation Act (25 U.S.C. 2201 et 
                seq.).
            (3) Submission.--The Secretary shall submit the reports 
        under this subsection to the Committee on Indian Affairs of the 
        Senate and the Committee on Natural Resources of the House of 
        Representatives not less frequently than once each calendar 
        year for the 5-year period beginning on the date of enactment 
        of this Act.

SEC. 8. ELIGIBILITY FOR OTHER FEDERAL BENEFITS.

    The transfer under section 6 shall not result in the reduction or 
denial of any Federal service, benefit, or program 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.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act such 
sums as are necessary.
                                                       Calendar No. 542

113th CONGRESS

  2d Session

                                S. 2442

_______________________________________________________________________

                                 A BILL

   To direct the Secretary of the Interior to take certain land and 
  mineral rights on the reservation of the Northern Cheyenne Tribe of 
Montana and other culturally important land into trust for the benefit 
        of the Northern Cheyenne Tribe, and for other purposes.

_______________________________________________________________________

                            August 26, 2014

                       Reported with an amendment
```