North Dakota Trust Lands Completion Act of 2023

Subjects: Public Lands and Natural Resources


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1088 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1088

   To authorize the relinquishment and in lieu selection of land and 
minerals in the State of North Dakota, to restore land and minerals to 
Indian Tribes within the State of North Dakota, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 30, 2023

Mr. Hoeven (for himself and Mr. Cramer) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To authorize the relinquishment and in lieu selection of land and 
minerals in the State of North Dakota, to restore land and minerals to 
Indian Tribes within the State of North Dakota, 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 ``North Dakota Trust Lands Completion 
Act of 2023''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) in 1889, Congress enacted the North Dakota Enabling Act 
        ``to provide for the division of Dakota into two States and to 
        enable the people of North Dakota, South Dakota, Montana, and 
        Washington to form constitutions and State governments and to 
        be admitted into the Union on an equal footing with the 
        original States, and to make donations of public lands to such 
        States'';
            (2) section 10 of the North Dakota Enabling Act (25 Stat. 
        679, chapter 180)--
                    (A) with certain exceptions, granted sections 16 
                and 36 in every township to the new States of North 
                Dakota, South Dakota, Montana, and Washington ``for the 
                support of common schools''; and
                    (B) in cases where portions of sections 16 and 36 
                had been reserved, granted, or sold prior to those 
                States attaining statehood, authorized indemnity or 
                ``in lieu'' selections;
            (3) the State of North Dakota was granted land and minerals 
        totaling more than 2,500,000 acres under the North Dakota 
        Enabling Act;
            (4) the North Dakota Enabling Act provided further land 
        grants to the State of North Dakota for the support of 
        colleges, universities, the State capitol, and other public 
        institutions;
            (5) prior to the enactment of the North Dakota Enabling 
        Act, the United States, through treaties and Executive orders, 
        including the Treaty between the United States of America and 
        the Mandan, Hidatsa, Arikara, and other Tribal Nations, made 
        and concluded at Fort Laramie September 17, 1851 (11 Stat. 
        749), the Treaty between the United States of America and the 
        Sisseton and Wahpeton Bands of Dakota or Sioux Indians, made 
        and concluded at Washington February 19, 1867 (15 Stat. 505), 
        the Treaty between the United States of America and different 
        Tribes of Sioux Indians, made and concluded at Fort Laramie 
        April 29, 1868 (15 Stat. 635), and the Executive order of April 
        12, 1870, established several reservations of land for multiple 
        Indian Tribes located in the State of North Dakota;
            (6) authorizing the State to relinquish the State land 
        grant parcels located within the reservations and to select 
        other Federal land or minerals in lieu of the relinquished 
        State land grant parcels will--
                    (A) fulfill the promise of land and minerals to the 
                State; and
                    (B) provide to Indian Tribes greater Tribal 
                sovereignty and control of land and minerals within the 
                reservations; and
            (7) Congress should authorize the State--
                    (A) to relinquish the land and minerals located 
                within the reservations; and
                    (B) to select in lieu of the relinquished land 
                other Federal land or minerals in the State of North 
                Dakota of equal value.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Federal land.--The term ``Federal land'' means public 
        land and minerals located within the State of North Dakota, 
        including public land that is mineral in character.
            (2) North dakota enabling act.--The term ``North Dakota 
        Enabling Act'' means the Act of February 22, 1889 (25 Stat. 
        676, chapter 180).
            (3) Public land.--The term ``public land'' has the meaning 
        given the term ``public lands'' in section 103 of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1702).
            (4) Reservation.--The term ``reservation'' means any Indian 
        reservation located wholly or partially within the State of 
        North Dakota and recognized under United States treaty, 
        Executive order, or Act of Congress.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means the State of North 
        Dakota, acting through the North Dakota Board of University and 
        School Lands and its agent, the Department of Trust Lands.
            (7) State land grant parcel.--The term ``State land grant 
        parcel'' means--
                    (A) a parcel of land granted to the State of North 
                Dakota by Congress--
                            (i) on statehood; or
                            (ii) through a grant pursuant to the North 
                        Dakota Enabling Act;
                    (B) a section of land numbered 16 or 36 granted to 
                the State of North Dakota by Congress for school 
                purposes;
                    (C) a parcel of land selected by the State of North 
                Dakota as indemnity for any section of land numbered 16 
                or 36; and
                    (D) a parcel of land other than a parcel of land 
                described in subparagraph (A), (B), or (C) obtained by 
                the State after statehood.
            (8) Unappropriated federal land.--
                    (A) In general.--The term ``unappropriated Federal 
                land'' means Federal land under the management and 
                control of the Bureau of Land Management and located 
                within the State of North Dakota.
                    (B) Exclusions.--The term ``unappropriated Federal 
                land'' does not include--
                            (i) surface interests acquired by the 
                        Bureau of Land Management;
                            (ii) any area of critical environmental 
                        concern established pursuant to section 
                        202(c)(3) of the Federal Land Policy and 
                        Management Act of 1976 (43 U.S.C. 1712(c)(3)); 
                        or
                            (iii) land that is--
                                    (I) withdrawn from public entry;
                                    (II) located within a unit of the 
                                National Park System;
                                    (III) located within any 
                                reservation;
                                    (IV) located within--
                                            (aa) T. 147 N., R. 95 W.;
                                            (bb) T. 148 N., R. 95 W.;
                                            (cc) T. 148 N., R. 96 W.; 
                                        or
                                            (dd) T. 149 N., R. 95 W.;
                                    (V) located within a United States 
                                military reservation; or
                                    (VI) designated by Congress or the 
                                President for conservation purposes.

SEC. 4. RELINQUISHMENT AND SELECTION; CONVEYANCE.

    (a) Relinquishment and Selection.--
            (1) In general.--Subject to valid existing rights, if the 
        State elects to relinquish all right, title, and interest of 
        the State in and to a State land grant parcel located wholly or 
        partially within the boundaries of any reservation, the 
        Secretary shall authorize the State to select in accordance 
        with this Act 1 or more parcels of unappropriated Federal land 
        of substantially equivalent value within the State of North 
        Dakota.
            (2) Approval.--Not later than 90 days after the date on 
        which the State makes a selection under paragraph (1), the 
        Secretary shall approve or reject, in whole or in part, the 
        selection.
    (b) Conveyance.--
            (1) Conveyance by secretary.--
                    (A) In general.--Not later than 60 days after the 
                date on which the Secretary approves a State selection 
                of unappropriated Federal land under subsection (a)(2), 
                the Secretary shall initiate the actions necessary to 
                convey to the State the unappropriated Federal land.
                    (B) Requirements.--Conveyance of Federal land by 
                the Secretary under this Act--
                            (i) shall be by clear list, patent, or deed 
                        acceptable to the State; and
                            (ii) shall not be considered a sale, 
                        exchange, or conveyance under section 203, 205, 
                        206, or 209 of the Federal Land Policy and 
                        Management Act of 1976 (43 U.S.C. 1713, 1715, 
                        1716, 1719).
            (2) Relinquishment and conveyance by state.--
                    (A) In general.--As consideration for the 
                conveyance of Federal land under paragraph (1), on the 
                date on which the Federal land is conveyed to the 
                State, the State shall concurrently relinquish and 
                convey to the Secretary all right, title, and interest 
                of the State in and to the State land grant parcel 
                identified for relinquishment under subsection (a)(1).
                    (B) Title.--The State shall convey to the Secretary 
                title, free of any financial claims, liabilities, or 
                other financial encumbrances, to all parcels 
                relinquished under subparagraph (A).
                    (C) Limitation.--Relinquishment and conveyance by 
                the State of a State land grant parcel under this Act 
                shall not be considered an exchange or acquisition for 
                purposes of section 205 or 206 of the Federal Land 
                Policy and Management Act of 1976 (43 U.S.C. 1715, 
                1716).
    (c) Succession to Rights and Obligations.--Each party to which land 
is conveyed under this Act shall, to the fullest extent allowable under 
Federal and State law, succeed to the rights and obligations of the 
conveying party with respect to any lease, right-of-way, permit, or 
other valid existing right to which the land is subject.
    (d) Management After Relinquishment.--
            (1) Reservation.--If a State land grant parcel relinquished 
        by the State and conveyed to the Secretary under this Act is 
        located wholly or partially within the boundaries of any 
        reservation, on request of the applicable Indian Tribe, the 
        portion of the State land grant parcel located within the 
        boundaries of the reservation shall be--
                    (A) taken into trust by the Secretary on behalf of, 
                and for the benefit of, the Indian Tribe on the date of 
                the conveyance; and
                    (B) considered to be a part of the reservation of 
                the Indian Tribe.
            (2) Consultation required.--Prior to the conveyance of a 
        State land grant parcel located wholly or partially within the 
        boundaries of any reservation, the State and the Secretary 
        shall consult with the Indian Tribe the land of which is 
        subject to conveyance in accordance with Executive Order 13175 
        (25 U.S.C. 5301 note; relating to consultation and coordination 
        with Indian tribal governments).
    (e) Special Rules for Mineral Land.--
            (1) Definition of unappropriated federal land subject to a 
        lease or permit.--In this subsection, the term ``unappropriated 
        Federal land subject to a lease or permit'' means 
        unappropriated Federal land subject to a mineral lease or 
        permit that is--
                    (A) issued under the Mineral Leasing Act (30 U.S.C. 
                181 et seq.); and
                    (B) in a producing or producible status during the 
                10-year period following the date of enactment of this 
                Act.
            (2) Selection of mineral land.--The State may select, and 
        the Secretary may convey, unappropriated Federal land that is 
        mineral in character under subsection (b) on the condition 
        that, except as provided in paragraph (3)(A), if the selected 
        land is unappropriated Federal land subject to a lease or 
        permit--
                    (A) the Secretary shall reserve an overriding 
                interest in the portion of the mineral estate that is 
                comprised of minerals subject to leasing under the 
                Mineral Leasing Act (30 U.S.C. 181 et seq.); and
                    (B) such a selection shall not include any portion 
                of the mineral lease or permit.
            (3) Conveyance of mineral estate.--
                    (A) In general.--If the State selects 
                unappropriated Federal land subject to a lease or 
                permit under paragraph (2), on the option of the 
                State--
                            (i) the Secretary may convey with the 
                        surface interest in the land the interest in 
                        the mineral estate that is comprised of 
                        minerals subject to leasing under the Mineral 
                        Leasing Act (30 U.S.C. 181 et seq.); and
                            (ii) all Federal mining claims over the 
                        land shall be converted to State leases in 
                        accordance with this paragraph.
                    (B) Mining claims.--To facilitate the conversion of 
                Federal mining claims to State leases under 
                subparagraph (A), a Federal mining claimant may file 
                with the Secretary a voluntary relinquishment of the 
                Federal mining claim conditioned on--
                            (i) conveyance of the land to the State; 
                        and
                            (ii) the conversion of the Federal mining 
                        claim to a State lease.
                    (C) Obligations under federal law.--Until the date 
                on which the land is conveyed to the State under 
                subparagraph (A), a Federal mining claimant shall be 
                subject to any obligations relating to the land under 
                Federal law.
                    (D) No relinquishment.--If the land previously 
                encumbered by the relinquished Federal mining claim is 
                not conveyed to the State under subparagraph (A), the 
                relinquishment of land under subparagraph (B) shall 
                have no effect.
                    (E) Rights-of-way; other interest.--On conveyance 
                to the State of land encumbered by a relinquished 
                Federal mining claim under this paragraph, the State 
                shall assume authority over any leases, licenses, 
                permits, rights-of-way, operating plans, other land use 
                authorizations, or reclamation obligations applicable 
                to the relinquished Federal mining claim on the date of 
                conveyance.
                    (F) Valuation.--If a Federal mining claimant does 
                not voluntarily relinquish under subparagraph (B) a 
                Federal mining claim on land conveyed to the State, the 
                Secretary shall take into account the encumbrance 
                represented by the claim in determining the value of 
                the land under section 5(b).
    (f) Withdrawal.--
            (1) In general.--Subject to valid rights in existence on 
        the date of enactment of this Act, all Federal land selected by 
        the State for conveyance under this Act, effective beginning on 
        the date on which the State makes the selection and ending on 
        the date described in paragraph (2), is withdrawn from all 
        forms of--
                    (A) entry, appropriation, or disposal under the 
                public land laws;
                    (B) location, entry, and patent under the mining 
                laws; and
                    (C) disposition under all laws pertaining to 
                mineral and geothermal leasing or mineral materials.
            (2) Date described.--The date referred to in paragraph (1) 
        is the date on which, as applicable--
                    (A) the Federal land is conveyed by the Secretary 
                to the State;
                    (B) the Secretary rejects the selection under 
                subsection (a)(2); or
                    (C) the State withdraws the selection.

SEC. 5. VALUATION.

    (a) Equal Value.--With respect to a State land grant parcel 
conveyed under this Act in consideration for a parcel of Federal land 
selected in accordance with this Act--
            (1) the overall value of the State land grant parcel and 
        the overall value of the parcel of Federal land shall be 
        substantially equal; or
            (2) subject to subsection (c), if the overall value of the 
        parcels is not equal, the party conveying the parcel of lesser 
        value shall--
                    (A) equalize the value by the payment of funds to 
                the other party; or
                    (B) enter the imbalance in value on a ledger 
                account in accordance with subsection (e).
    (b) Appraisal Required.--Except as provided in subsection (d), the 
Secretary shall determine the value of a State land grant parcel and a 
parcel of Federal land to be conveyed under this Act through an 
appraisal completed in accordance with--
            (1) the Uniform Appraisal Standards for Federal Land 
        Acquisitions; or
            (2) subject to subsection (d)(1), the Uniform Standards for 
        Professional Appraisal Practice.
    (c) Equalization.--With respect to a conveyance to the Secretary of 
a State land grant parcel of lesser value than the parcel of Federal 
land to be conveyed to the State under this Act, the total value of the 
equalization payment described in subsection (a)(2)(A) or the ledger 
entry described in subsection (e), as applicable, may not exceed 25 
percent of the total value of the parcel of Federal land.
    (d) Low Value Parcels.--
            (1) In general.--The Secretary, with the consent of the 
        State, may use mass appraisals, a summary appraisal, or a 
        statement of value made by a qualified appraiser carried out in 
        accordance with the Uniform Standards for Professional 
        Appraisal Practice to determine the value of a State land grant 
        parcel or a parcel of Federal land to be conveyed under this 
        Act instead of an appraisal that complies with the Uniform 
        Appraisal Standards for Federal Land Acquisitions if the State 
        and the Secretary agree that market value of the State land 
        grant parcel or parcel of Federal land, as applicable, is--
                    (A) less than $500,000; and
                    (B) less than $500 per acre.
            (2) Division.--A State land grant parcel or a parcel of 
        Federal land may not be artificially divided in order to 
        qualify for a summary appraisal, mass appraisal, or statement 
        of value under paragraph (1).
    (e) Ledger Accounts.--
            (1) In general.--With respect to a State land grant parcel 
        conveyed under this Act in consideration for a parcel of 
        Federal land, if the overall value of the parcels is not equal, 
        the Secretary and the State may agree to use a ledger account 
        to make equal the value.
            (2) Imbalances.--A ledger account described in paragraph 
        (1) shall reflect imbalances in value to be reconciled in a 
        subsequent transaction.
            (3) Account balancing.--Each ledger account described in 
        paragraph (1) shall be--
                    (A) balanced not later than 3 years after the date 
                on which the ledger account is established; and
                    (B) closed not later than 5 years after the date of 
                the last conveyance of land under this Act.
            (4) Costs.--
                    (A) In general.--The Secretary or the State may 
                assume costs or other responsibilities or requirements 
                for conveying land under this Act that ordinarily are 
                borne by the other party.
                    (B) Adjustment.--If the Secretary or the State 
                assume costs or other responsibilities under 
                subparagraph (A), the Secretary or the State shall make 
                adjustments to the value of the Federal land conveyed 
                to the State to compensate the Secretary or the State, 
                as applicable, for assuming the costs or other 
                responsibilities.
            (5) Mineral land.--If value is attributed to any parcel of 
        Federal land that has been selected by the State because of the 
        presence of minerals under a lease entered into under the 
        Mineral Leasing Act (30 U.S.C. 181 et seq.) that is in a 
        producing or producible status, and the lease is to be conveyed 
        under this Act, the value of the parcel shall be reduced by the 
        amount that represents the likely Federal revenue sharing 
        obligation under the Mineral Leasing Act (30 U.S.C. 181 et 
        seq.) with the State, but the adjustment shall not be 
        considered as reflecting a property right of the State.

SEC. 6. MISCELLANEOUS.

    (a) In General.--Land or minerals conveyed under this Act shall be 
subject to all applicable Federal, State, and Tribal law.
    (b) Protection of Indian Rights.--
            (1) Treaty rights.--Nothing in this Act modifies, limits, 
        expands, or otherwise affects any treaty-reserved right or 
        other right of any Indian Tribe recognized by any other means, 
        including treaties or agreements with the United States, 
        Executive orders, statutes, regulations, or case law.
            (2) Land or minerals held in trust.--Nothing in this Act 
        affects--
                    (A) land or minerals held in trust by the United 
                States as of the date of enactment of this Act on 
                behalf of, and for the benefit of, any Indian Tribe; or
                    (B) any individual Indian allotment.
    (c) Hazardous Materials.--
            (1) In general.--The Secretary and the State shall make 
        available for review and inspection any record relating to 
        hazardous materials on land to be conveyed under this Act.
            (2) Certification.--
                    (A) In general.--Prior to completing a conveyance 
                of Federal land under this Act, the Secretary shall 
                complete an inspection and a hazardous materials 
                certification of the land to be conveyed.
                    (B) State land grant parcels.--Prior to completing 
                a conveyance of a State land grant parcel under this 
                Act, the State shall complete an inspection and a 
                hazardous materials certification of the land to be 
                conveyed.
    (d) Grazing Permits.--
            (1) In general.--If land conveyed under this Act is subject 
        to a lease, permit, or contract for the grazing of domestic 
        livestock in effect on the date of the conveyance, the 
        Secretary or the State, as applicable, shall allow the grazing 
        to continue for the remainder of the term of the lease, permit, 
        or contract, subject to the related terms and conditions of the 
        user agreements, including permitted stocking rates, grazing 
        fee levels, access, and ownership and use of range 
        improvements.
            (2) Cancellation.--
                    (A) In general.--Nothing in this Act prevents the 
                Secretary or the State from canceling or modifying a 
                grazing permit, lease, or contract if the land subject 
                to the permit, lease, or contract is sold, conveyed, 
                transferred, or leased for nongrazing purposes.
                    (B) Base properties.--If land conveyed by the State 
                under this Act is used by a grazing permittee or lessee 
                to meet the base property requirements for a Federal 
                grazing permit or lease, the land shall continue to 
                qualify as a base property for the remaining term of 
                the lease or permit and the term of any renewal or 
                extension of the lease or permit.
                    (C) Range improvements.--Nothing in this Act 
                prohibits a holder of a grazing lease, permit, or 
                contract from being compensated for range improvements 
                pursuant to the terms of the lease, permit, or contract 
                under existing Federal or State laws.

SEC. 7. SAVINGS CLAUSE.

    Nothing in this Act applies to or impacts the ownership of any land 
or mineral resources.
                                 &lt;all&gt;
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