I 
113TH CONGRESS 
2D SESSION 
H. R. 4350 
To direct the Secretary of the Interior to take lands and mineral rights 
on the reservation of the Northern Cheyenne Tribe of Montana and 
other culturally important lands into trust, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 1, 2014 
Mr. DAINES introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To direct the Secretary of the Interior to take lands and 
mineral rights on the reservation of the Northern Chey-
enne Tribe of Montana and other culturally important 
lands into trust, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Northern Cheyenne 
Lands Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) The Northern Cheyenne Tribe has depended 
on its lands and land-based resources to support its 
way of life since time immemorial. 
(2) The Tribe has made supreme and historic 
sacrifices to repossess and maintain its homeland, 
including its Reservation in Montana. 
(3) The Tribe currently suffers from tremen-
dous social and economic challenges, including a lack 
of employment opportunities on the Reservation, 
which can be improved by strengthening its control 
over its land base, natural resources, and trust 
funds. 
(4) The Tribe and its members are currently 
the beneficial owners of over 95 percent of the sur-
face lands on the Northern Cheyenne Reservation 
and all but approximately 5,000 subsurface acres of 
the Reservation. 
(5) The Tribe seeks to obtain ownership of ap-
proximately 5,000 subsurface acres on its Reserva-
tion it does not own because of an error by the 
United States to secure that subsurface when the 
Reservation was expanded in 1900. 
(6) In 2002, the Tribe agreed by settlement to 
dismiss its lawsuit against the United States, which 
alleged that the United States failed to protect the 
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Reservation from the impacts of coal development, in 
return for assistance in securing tribal ownership of 
those subsurface rights 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. 
(7) To increase tribal ownership of the surface 
lands, the Tribe has purchased approximately 932 
acres of land within its Reservation that were taken 
out of trust ownership status for various reasons. 
(8) The Tribe has purchased approximately 635 
acres of land near Bear Butte, South Dakota, which 
the Tribe considers sacred ground for its members, 
as well as for members of other tribes. 
(9) The Tribe now seeks to have the aforemen-
tioned lands and subsurface within the Reservation 
and Bear Butte lands taken into trust on its behalf 
by the United States. 
(10) If the actions authorized by this Act are 
completed, the Tribe will waive all legal claims 
against the United States arising out of the long-
standing loss of the subsurface rights and arising 
out of the United States management of the North-
ern Cheyenne Trust Fund. 
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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 Re-
lating to the Tongue River Dam Project which was 
entered into by the Tribe, the State of Montana, and 
delegates of the Secretary of the Interior, and man-
aged by the Office of Special Trustee in the Depart-
ment 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 Perma-
nent Fund managed by the Northern Cheyenne 
Tribe pursuant to the Plan for Investment, Manage-
ment 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. 
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(7) TRIBE.—The term ‘‘Tribe’’ means the 
Northern Cheyenne Tribe. 
SEC. 4. TRIBAL FEE LANDS TO BE TAKEN INTO TRUST. 
Not later than 60 days after the date of the enact-
ment of this Act, the Secretary shall take the approxi-
mately 1,568 acres of land depicted on the map entitled 
‘‘Northern Cheyenne Land Act—Fee-to-Trust Lands’’ 
and dated March 26, 2014, and on the map entitled 
‘‘Northern Cheyenne Land Act—Fee-to-Trust Lands— 
Lame Deer Townsite’’, and dated March 26, 2014, into 
trust for the benefit of the Northern Cheyenne Tribe. 
SEC. 5. MINERAL RIGHTS TO BE TAKEN INTO TRUST. 
(a) COMPLETION OF MINERAL CONVEYANCES.—Not 
later than 60 days after the date on which the Secretary 
receives the notification described in subsection (d), in a 
single transaction— 
(1) 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 North-
ern Cheyenne Reservation generally depicted as 
‘‘Great Northern Properties’’ on the map entitled 
‘‘Northern Cheyenne Land Act—Coal Tracts’’ and 
dated February 27, 2014; 
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(2) the Secretary shall convey to Great North-
ern 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 
February 27, 2014; and 
(3) the Secretary shall ensure that the deed for 
the conveyance authorized by paragraph (2) shall in-
clude a covenant, running with the land— 
(A) that precludes the coal conveyed from 
being mined by methods other than under-
ground mining techniques until any surface 
owner (as defined in section 714 of Public Law 
95–87 (30 U.S.C. 1304(e))) for any specific 
tract has given written consent to Great North-
ern Properties to enter such specific tract and 
commence surface mining; and 
(B) shall not create any property interest 
in the United States or any surface owner (as 
defined in section 714 of Public Law 95–87 (30 
U.S.C. 1304(e))). 
(b) TRUST STATUS.—Upon tribal request, the coal 
and iron ore mineral interests conveyed to the Tribe under 
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this section shall be held in trust by the United States 
for the benefit of the Tribe. 
(c) IMMUNITIES.—The right, title, and interests con-
veyed to the Tribe under subsection (a)(1) shall not be 
subject to taxation by the State of Montana (including any 
political subdivision of the State of Montana). 
(d) REVENUE SHARING AGREEMENT.—Consistent 
with the Settlement Agreement entered into effective Feb-
ruary 19, 2002, by the Montana State Board of Land 
Commissioners and the Tribe, the Tribe and Great North-
ern Properties have agreed on a formula for sharing rev-
enue from development of the Northern Cheyenne Federal 
Tracts in the event that the Northern Cheyenne Federal 
Tracts are developed at a later date. The Tribe shall notify 
the Secretary in writing that the revenue sharing agree-
ment remains in effect. 
(e) WAIVER OF LEGAL CLAIMS.—In return for the 
conveyances of mineral interests under subsection (a)— 
(1) the Tribe shall waive any and all claims 
arising from the continuing failure of the United 
States to acquire the private coal and iron ore min-
eral interests identified in subsection (a)(1) in trust 
for the Tribe as part of the Reservation as directed 
by Congress in 1900; and 
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(2) Great Northern Properties shall waive any 
claim against the United States relating to the value 
or completion of the conveyances under subsection 
(a). 
(f) RESCISSION OF MINERAL CONVEYANCES.—If any 
portion of the mineral conveyances under subsection (a) 
is invalidated by a court of competent jurisdiction and the 
judgment of that court is not vacated or reversed on ap-
peal— 
(1) not later than 1 year after the date on 
which there is a final judgment, the Secretary or 
Great Northern Properties may rescind completely 
each mineral conveyance under subsection (a); and 
(2) if the Secretary or Great Northern Prop-
erties carries out a rescission under paragraph (1), 
the waiver of the Tribe under this section shall be 
considered to be rescinded. 
SEC. 6. TRANSFER OF NORTHERN CHEYENNE TRUST FUND 
TO TRIBE. 
(a) TRANSFER OF FUND.—Not later than 30 days 
after the date of the enactment of this Act, the Fund shall 
be transferred to the Tribe and deposited into the Tribe’s 
Permanent Fund. 
(b) PERMITTED USES OF FUND.—The principal of 
the Fund, upon deposit in the Permanent Fund, shall be 
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