II 

111TH CONGRESS 

1ST SESSION S. 280 

To develop a program to acquire interests in land from eligible individuals 

within the Crow Reservation in the State of Montana, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 16, 2009 

Mr. BAUCUS (for himself and Mr. TESTER) introduced the following bill; 

which was read twice and referred to the Committee on Indian Affairs 

A BILL 

To develop a program to acquire interests in land from 

eligible individuals within the Crow Reservation in the 

State of Montana, and for other purposes. 

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 ‘‘Crow Tribe Land Res5 toration Act’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to authorize the Secretary 

8 of the Interior— 


smartinez on PROD1PC64 with BILLS
2 

•S 280 IS

1 (1) to develop a program to acquire land and 

2 interests in land from eligible individuals within the 

3 Crow Reservation in the State of Montana; 

4 (2) to hold in trust the land, and interests in 

5 land, described in paragraph (1) for the benefit of 

6 the Crow Tribe of the State of Montana; 

7 (3) to allow the Tribe to assume management 

8 of the land and interests in land; and 

9 (4) to end the continuing fractionation of land 

10 on the Reservation. 

11 SEC. 3. DEFINITIONS. 

12 In this Act: 

13 (1) COST.—The term ‘‘cost’’ means the cost of 

14 a direct loan, within the meaning of section 

15 502(5)(B) of the Federal Credit Reform Act of 1990 

16 (2 U.S.C. 661a(5)(B)). 

17 (2) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible 

18 individual’’ means an individual that owns land, or 

19 an interest in land, within the Reservation. 

20 (3) LOAN.—The term ‘‘loan’’ has the meaning 

21 given the term ‘‘direct loan’’ in section 502 of the 

22 Federal Credit Reform Act of 1990 (2 U.S.C. 661a). 

23 (4) LOAN OBLIGATION.—The term ‘‘loan obli24 gation’’ has the meaning given the term ‘‘direct loan 


smartinez on PROD1PC64 with BILLS
3 

•S 280 IS

1 obligation’’ in section 502 of the Federal Credit Re2 form Act of 1990 (2 U.S.C. 661a). 

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

4 means the Crow Reservation in the State of Mon5 tana. 

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

7 the Secretary of the Interior. 

8 (7) TRIBE.—The term ‘‘Tribe’’ means the Crow 

9 Tribe of the State of Montana. 

10 SEC. 4. ACQUISITION OF LAND WITHIN RESERVATION. 

11 (a) PURCHASING PROGRAM.— 

12 (1) ESTABLISHMENT.—As soon as practicable 

13 after the date of enactment of this Act, the Sec14 retary shall establish a loan program to assist the 

15 Tribe in purchasing from eligible individuals land, 

16 and interests in land, within the Reservation. 

17 (2) REQUIREMENTS.— 

18 (A) VOLUNTARY SALE.—A sale of land to 

19 the Tribe under the purchasing program shall 

20 be voluntary. 

21 (B) REASONABLE PURCHASE PRICE.—To 

22 receive funds under the purchasing program, 

23 the Tribe shall offer to an eligible individual in 

24 consideration for land, or an interest in land, 

25 within the Reservation an amount equal to the 


smartinez on PROD1PC64 with BILLS
4 

•S 280 IS

1 reasonable purchase price of the land, or inter2 est in land, of the eligible individual, as deter3 mined in accordance with subsection (b). 

4 (3) NOTIFICATION TO ELIGIBLE INDIVID5 UALS.— 

6 (A) IN GENERAL.—As soon as practicable 

7 after the date on which the purchasing program 

8 is established, the Tribe shall provide to each 

9 eligible individual a notification with respect to 

10 the program, including any guidelines issued by 

11 the Secretary relating to the program. 

12 (B) CONTACT WITH ELIGIBLE INDIVID13 UALS.—Notwithstanding any other provision of 

14 law, an eligible individual may be contacted di15 rectly with respect to the purchasing program 

16 by— 

17 (i) the Tribe, or a representative of 

18 the Tribe; or 

19 (ii) the Secretary, or a representative 

20 of the Secretary. 

21 (b) REASONABLE PURCHASE PRICE.— 

22 (1) GUIDELINES.—As soon as practicable after 

23 the date of enactment of this Act, the Secretary 

24 shall establish guidelines under which the reasonable 


smartinez on PROD1PC64 with BILLS
5 

•S 280 IS

1 purchase price of land, or an interest in land, of an 

2 eligible individual shall be determined. 

3 (2) CONSIDERATION.—In establishing guide4 lines under paragraph (1), the Secretary may take 

5 into consideration— 

6 (A) current average annual earnings ob7 tained from the land, and the extent of 

8 fractionated ownership interests in land, of eli9 gible individuals; and 

10 (B) any other factor the Secretary con11 siders to be appropriate. 

12 (c) ACCEPTANCE OF OFFER.—On acceptance by an 

13 eligible individual of an offer of the Tribe under this sec14 tion— 

15 (1) the Tribe shall pay to the eligible individual 

16 the reasonable purchase price of the land, or interest 

17 in land, of the eligible individual, as determined in 

18 accordance with subsection (b); and 

19 (2) title to the land, or interest in land, ac20 quired from the eligible individual shall be conveyed 

21 to the United States, to be held in trust by the Sec22 retary for the benefit of the Tribe. 

23 (d) JUDICIAL REVIEW.—The terms and amount of 

24 any offer of the Tribe to purchase land, or an interest 


smartinez on PROD1PC64 with BILLS
6 

•S 280 IS

1 in land, of an eligible individual under this section shall 

2 not be subject to judicial review. 

3 SEC. 5. PURCHASING PROGRAM FUNDING. 

4 (a) LOAN OBLIGATIONS BY SECRETARY.— 

5 (1) ISSUANCE.— 

6 (A) IN GENERAL.—To the extent approved 

7 in annual appropriations Acts, the Secretary 

8 may enter into 1 or more loan obligations with 

9 the Tribe as the Secretary determines to be 

10 necessary to fund the purchasing program es11 tablished under section 4(a)(1). 

12 (B) REQUIREMENTS.—Any loan issued 

13 under subparagraph (A) shall be subject to 

14 such terms and conditions as the Secretary de15 termines to be appropriate. 

16 (C) COST.—The Secretary shall establish 

17 terms and conditions of loans under this para18 graph that will result in a budget cost of zero 

19 for each loan, to the maximum extent prac20 ticable. 

21 (2) TERM.—A loan issued under paragraph (1) 

22 shall be repaid not later than 40 years after the date 

23 of issuance of the loan. 

24 (3) INTEREST.—A loan issued under paragraph 

25 (1) shall bear interest at a rate to be determined by 


smartinez on PROD1PC64 with BILLS
7 

•S 280 IS

1 the Secretary, in consultation with the Secretary of 

2 the Treasury, taking into consideration current mar3 ket yields on outstanding marketable obligations of 

4 the United States of comparable maturities. 

5 (4) LIMITATIONS.— 

6 (A) TOTAL AMOUNT.—On any date, the 

7 total amount of obligations issued under para8 graph (1) shall not exceed $380,000,000. 

9 (B) TIMING.—The Secretary shall not 

10 issue any loan under this section after Sep11 tember 30, 2012. 

12 (b) REPAYMENT OF OBLIGATIONS.— 

13 (1) IN GENERAL.—The Tribe shall use the reve14 nues from any land purchased by the Tribe under 

15 this Act to repay the Secretary the amount of any 

16 obligation, including interest on such an obligation, 

17 issued under subsection (a). 

18 (2) REASONABLE PROSPECT OF REPAYMENT.— 

19 The Secretary shall ensure, to the maximum extent 

20 practicable, that projected revenues described in 

21 paragraph (1) provide reasonable prospect of repay22 ment of the amount of obligations issued under sub23 section (a). 


smartinez on PROD1PC64 with BILLS
8 

•S 280 IS

1 SEC. 6. DONATION OF LAND. 

2 (a) IN GENERAL.—Subject to subsection (b), the Sec3 retary may accept from any eligible individual a donation 

4 of land or an interest in land within the Reservation. 

5 (b) CONDITIONS.— 

6 (1) TITLE HELD IN TRUST.—The Secretary 

7 shall hold in trust for the benefit of the Tribe the 

8 title to any land or interest in land acquired by the 

9 Secretary under subsection (a). 

10 (2) DESIGNATION OF PLACE OF HONOR.—The 

11 Tribe shall designate on the Reservation a place of 

12 honor, as the Tribe determines to be appropriate, at 

13 which the name of any eligible individual that do14 nates land to the Secretary under subsection (a) 

15 shall be displayed in perpetuity, in recognition of the 

16 donation. 

17 SEC. 7. LAND MANAGEMENT. 

18 (a) TRIBAL RESPONSIBILITY.—Land, and interests 

19 in land, held in trust by the Secretary for the benefit of 

20 the Tribe under this Act shall be managed by the Tribe 

21 in accordance with a land management program to be de22 veloped and implemented by the Tribe to achieve repay23 ment of each applicable loan obligation under section 5. 

24 (b) LIMITATION OF TRUST RESPONSIBILITY.—The 

25 trust responsibility of the Secretary with respect to land 


smartinez on PROD1PC64 with BILLS
9 

•S 280 IS

1 and interests in land described in subsection (a) shall be 

2 limited to— 

3 (1) ensuring that the land and interests in land 

4 are not subject to alienation; and 

5 (2) enabling the Tribe to exercise jurisdiction 

6 over the land and interests in land. 

7 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to carry out this section 

9 $5,000,000 for fiscal year 2009 and each fiscal year there10 after, to remain available until expended. 

11 SEC. 8. EFFECT OF ACT. 

12 (a) IN GENERAL.—Nothing in this Act— 

13 (1) materially affects the management or oper14 ation of Bighorn Lake or Yellowtail Dam; or 

15 (2) affects any legally protected right to water 

16 in the Bighorn River in the State of Wyoming in ex17 istence on the date of enactment of this Act. 

18 (b) PURCHASING PROGRAM.—No purchase of land or 

19 an interest in land by the Tribe pursuant to the program 

20 established under section 4(a)(1) materially affects— 

21 (1) the management or operation of Bighorn 

22 Lake or Yellowtail Dam; or 

23 (2) any legally protected right described in sub24 section (a)(2). 

Æ 


smartinez on PROD1PC64 with BILLS