I
103D CONGRESS
2D SESSION
H. R. 5200
To resolve the 107th meridian boundary dispute between the Crow Indian
Tribe and the United States.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 6, 1994
Mr. WILLIAMS introduced the following bill; which was referred to the
Committee on Natural Resources
OCTOBER 7 (legislative day, OCTOBER 6), 1994
Committee on Natural Resources discharged; considered and passed
A BILL
To resolve the 107th meridian boundary dispute between
the Crow Indian Tribe and the United States.
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 ‘‘Crow Boundary Settle-
ment Act of 1994’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds the following:
(1) Under the treaty between the United States
of America and the Crow Tribe of Indians concluded
May 7, 1868 (commonly known as the ‘‘Fort Lara-
mie Treaty of 1868’’; 15 Stat. 649), the eastern
boundary of the Crow Indian Reservation was estab-
lished as the 107th meridian for approximately 90
miles from the Yellowstone River to the boundary
between Montana and Wyoming.
(2) Under Executive orders issued in 1884 and
1900, the western boundary of the Northern Chey-
enne Reservation was established as the 107th me-
ridian. The 107th meridian was intended to be the
common boundary between the Crow Reservation
and Northern Cheyenne Reservation for approxi-
mately 25 miles.
(3) From 1889 through 1891, a survey was
conducted of the eastern boundary of the Crow Res-
ervation. The 1891 survey line strayed to the west,
and resulted in the exclusion from the Crow Indian
Reservation of a strip of land of approximately
36,164 acres. Approximately 12,964 acres of such
strip of land were included in the Northern Chey-
enne Reservation. Deposits of low sulphur coal un-
derlie the land excluded from the Crow Indian Res-
ervation, including the land included in the Northern
Cheyenne Indian Reservation.
(4)(A) The erroneous nature of the survey was
not discovered for several decades. Meanwhile, the
(1) CROW
TRIBE.—The term ‘‘Crow Tribe’’
means the Crow Tribe of Indians, the duly recog-
nized governing body of the Crow Indian Reserva-
tion.
(2) DISPUTED
AREA.—The term ‘‘disputed
area’’ means the approximately 36,164 acres of
land, including the minerals, located between the
107th meridian on the east and the 1891 survey line
on the west from the Yellowstone River on the north
to the boundary between the State of Wyoming and
the State of Montana on the south.
(3) 1891 SURVEY.—The term ‘‘1891 survey’’
means the survey of the eastern boundary of the
Crow Reservation conducted by the United States
Government from 1889 through 1891.
(4) 1891 SURVEY LINE.—The term ‘‘1891 sur-
vey line’’ means the erroneous boundary line result-
ing from the survey of the 107th meridian which
was completed in 1891.
(5) NORTHERN CHEYENNE TRIBE.—The term
‘‘Northern Cheyenne Tribe’’ means the Northern
Cheyenne Tribe of Indians, with the Northern Chey-
enne Tribal Council as the duly recognized governing
body of the Northern Cheyenne Indian Reservation.
(6) 107TH
MERIDIAN
BOUNDARY
DISPUTE.—
The term ‘‘107th meridian boundary dispute’’ means
the dispute resulting from the disparity between the
location of the 107th meridian and the location of
the 1891 survey line.
(7) 107TH
MERIDIAN
ESCROW
FUND.—The
term ‘‘107th meridian escrow fund’’ means the reve-
nues that arise from, or are derived from, parcel
number 2, including all accrued interest on such rev-
enues, which are held by the Bureau of Indian Af-
fairs in an escrow account as of the date of enact-
ment of this Act.
(8) PARCEL
NUMBER
1.—The term ‘‘parcel
number 1’’ means the area, encompassing approxi-
mately 11,317 acres, bounded on the south by the
Montana-Wyoming border, on the east by the 107th
meridian, on the north by the extension to the west
of the southern boundary of the Northern Cheyenne
Indian Reservation, and on the west by the 1891
survey line.
(9) PARCEL
NUMBER
2.—The term ‘‘parcel
number 2’’ means the area, encompassing approxi-
mately 12,964 acres, bounded on the south by the
extension to the west of the southern boundary of
the Northern Cheyenne Indian Reservation, on the
east by the 107th meridian, on the north by the ex-
tension to the west of the northern boundary of the
Northern Cheyenne Indian Reservation, and on the
west by the 1891 survey line.
(10) PARCEL
NUMBER
3.—The term ‘‘parcel
number 3’’ means the area, encompassing approxi-
mately 2,469 acres, bounded on the south by the ex-
tension to the west of the northern boundary of the
Northern Cheyenne Indian Reservation, on the east
by the 107th meridian, on the north by the northern
boundary of the Crow Indian Reservation, and on
the west by the 1891 survey line.
(11) PARCEL
NUMBER
4.—The term ‘‘parcel
number 4’’ means the area, encompassing approxi-
mately 9,415 acres, bounded on the south by the
northern boundary of the Crow Indian Reservation,
on the east by the 107th meridian, on the north by
the midpoint of the Yellowstone River, and on the
west by the 1891 survey line.
(12) PUBLIC LANDS.—The term ‘‘public lands’’
means any land or interest in land owned by the
United States (without regard to the means by
which the United States acquired ownership of the
land or interest in land) and administered by the
Secretary through the Bureau of Land Management.
(13) ROYALTIES RECEIVED AND RETAINED BY
THE UNITED STATES.—The term ‘‘royalties received
and retained by the United States’’ means the royal-
ties derived from minerals owned by the United
States that the United States retains after all pay-
ments from the royalties have been made to the
State of Montana or any unit of local government of
the State of Montana.
(14) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of the Interior.
(15) SETTLEMENT
AGREEMENT.—The term
‘‘Settlement Agreement’’ means the agreement be-
tween the Secretary, on behalf of the United States
and the Crow Tribe, that provides for the resolution
of all claims held by the Crow Tribe arising from the
107th meridian boundary dispute.
(16) 
UNDISPOSED
OF
COAL.—The 
term
‘‘undisposed of coal’’ means coal that has not been
conveyed to private parties or to the State of Mon-
tana by the United States.
(17) UNDISPOSED OF SURFACE LANDS.—The
term ‘‘undisposed of surface lands’’ means surface
land that has not been conveyed to private parties
or to the State of Montana by the United States.
(18) UNDISPOSED OF OIL, GAS, COAL METH-
ANE, OR OTHER MINERALS.—The term ‘‘undisposed
of oil, gas, coal methane, or other minerals’’ means
oil, gas, coal methane, or other minerals (excluding
coal) that have not been conveyed to private parties
or to the State of Montana by the United States.
SEC. 4. SETTLEMENT AGREEMENT.
(a) EXECUTION
OF
THE
SETTLEMENT
AGREE-
MENT.—Subject to the terms and conditions of this Act,
the Secretary shall enter into the Settlement Agreement
with the Crow Tribe.
(b) RATIFICATION
OF
THE SETTLEMENT AGREE-
MENT.—Subject to the conditions set forth in section 9(a),
the United States hereby approves, ratifies, and confirms
the Settlement Agreement, to the extent that such Settle-
ment Agreement does not conflict with this Act.
(c) MODIFICATION OF THE SETTLEMENT AGREE-
MENT.—The terms and conditions of the Settlement
Agreement may be modified by mutual agreement of the
Crow Tribe and the Secretary if such modification—
(1) is not inconsistent with this Act; and
(2) does not diminish or impair any right or
benefit secured to the Northern Cheyenne Tribe, the
Northern Cheyenne allottees, or their successors in
interest by or pursuant to any provision of this Act.
Tribe and shall be recognized as part of the
Crow Indian Reservation.
(C) Title to the undisposed of surface
lands of such parcel shall be vested in the Unit-
ed States in trust for the sole use and benefit
of the Crow Tribe and shall be recognized as
part of the Crow Indian Reservation.
(D) Title to the undisposed of oil, gas, coal
methane, or other minerals of such parcel shall
be vested in the United States in trust for the
sole use and benefit of the Crow Tribe and shall
be recognized as part of the Crow Indian Res-
ervation.
(2) PROHIBITION.—Nothing in this Act or the
Settlement Agreement may alter, diminish, disturb,
or cause to be divested any right, title, or interest
of any person or entity in any land, coal, oil, gas,
coal methane, or mineral within parcel number 1
that is based on the 1891 survey line, except for the
specific rights that are vested in the United States
for the sole use and benefit of the Crow Tribe pursu-
ant to subparagraphs (B) through (D) of paragraph
(1).
(3) WAIVERS
AND
RELEASES.—The following
waivers and releases shall be included in the Settle-
ment Agreement:
(A) A disclaimer and relinquishment by the
Crow Tribe of all right, title, claim, or interest
in all the land and minerals within parcel num-
ber 1, except for the rights, titles, and interests
recognized as beneficially owned by the Crow
Tribe and as part of the Crow Indian Reserva-
tion in subparagraphs (B) through (D) of para-
graph (1).
(B) A release by the Crow Tribe of all per-
sons and entities, including the United States,
from any liability arising from, or related to,
the 1891 survey and the subsequent occupancy
and use of parcel number 1.
(b) PROPERTY WITHIN PARCEL NUMBER 2.—
(1) IN GENERAL.—With respect to the property
within parcel number 2, the following provisions
shall apply:
(A) The boundary between the Crow and
Northern Cheyenne Indian Reservations shall
be the 1891 survey line.
(B) All surface lands and minerals of such
parcel shall constitute part of the Northern
Cheyenne Reservation.
(C) All surface lands, including all rights
appurtenant to the surface lands, of such parcel
shall be vested in the United States in trust for
the sole use and benefit of the Northern Chey-
enne Tribe, except that surface lands that have
been allotted shall be recognized as held in
trust for, or owned in fee by (as the case may
be), the Northern Cheyenne allottees or their
successors in interest.
(D) The oil, gas, coal, coal methane, and
other minerals, including all rights appurtenant
to such minerals, of such parcel shall be vested
in the United States in trust for the sole use
and benefit of the Northern Cheyenne Tribe.
(2) WAIVERS
AND
RELEASES.—The following
waivers and releases shall be included in the Settle-
ment Agreement:
(A) A disclaimer and relinquishment by the
Crow Tribe of all right, jurisdiction, title, claim,
or interest in the lands and minerals within
parcel number 2, including all rights appur-
tenant to such land and minerals.
(B) A release by the Crow Tribe of all per-
sons and entities, including the United States,
the Northern Cheyenne Tribe, the Northern
Cheyenne allottees and their successors in inter-
est, from any liability arising from, or related
to, the 1891 survey and the subsequent occu-
pancy and use of parcel number 2.
(3) ENFORCEMENT.—The provisions of sub-
section (b) may be enforced, in law or in equity, by
the Northern Cheyenne Tribe, Northern Cheyenne
allottees, and their successors in interest, in accord-
ance with their respective interests.
(c) PROPERTY WITHIN PARCEL NUMBER 3 AND PAR-
CEL NUMBER 4.—
(1) IN GENERAL.—With respect to the property
within parcel number 3 and parcel number 4, the
boundary of the Crow Indian Reservation shall be
the 1891 survey line.
(2) PROHIBITION.—Nothing in this Act or the
Settlement Agreement may alter, diminish, disturb,
or cause to be divested any right, title, or interest
of any person or entity in any land, coal, or mineral
within parcel number 3 or parcel number 4 that is
based on the 1891 survey line.
(3) WAIVERS
AND
RELEASES.—The following
waivers and releases shall be included in the Settle-
ment Agreement:
(A) A disclaimer and relinquishment by the
Crow Tribe of all right, jurisdiction, title, claim,
or interest in the lands and minerals situated
within parcel number 3 and parcel number 4.
(B) A release by the Crow Tribe of all per-
sons and entities, including the United States,
from any liability arising from, or related to,
the 1891 survey and the subsequent occupancy
and use of parcel number 3 and parcel number
4.
(d) EXCHANGE OF PUBLIC LANDS.—With respect to
the land exchanges with the State of Montana and private
landowners made under this Act the following provisions
shall apply:
(1) IN GENERAL.—(A) The Secretary shall ne-
gotiate with the State of Montana for the purpose
of exchanging public lands within the State of Mon-
tana for State trust lands within the Crow Reserva-
tion having a total value substantially equal to the
value of the surface estate of the approximately
46,625 acres of State trust lands obtained by the
State of Montana pursuant to the Act of February
22, 1889 (commonly known as the ‘‘Montana Ena-
bling Act’’; 25 Stat. 676, chapter 180), and the Act
entitled ‘‘An Act to provide for the allotment of
lands of the Crow Tribe for the distribution of tribal
funds and for other purposes’’ approved June 4,
1920 (commonly known as the ‘‘Crow Allotment
Act’’; 41 Stat. 751, chapter 224) within the Crow
Indian Reservation and the disputed area.
(B) The exchange described in subparagraph
(A) shall be in accordance with the exchange proce-
dures set forth in section 206 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1716).
(C) In determining the fair market value of the
lands described in subparagraph (A), the parties to
the exchange shall give due consideration to the
value of improvements on the lands.
(D) The Secretary shall ensure that lands ex-
changed pursuant to this paragraph as part of the
settlement of the 107th Meridian boundary dispute
made pursuant to this Act shall be selected in such
manner that the financial impact on local govern-
ments, if any, will be minimized.
(E) The Secretary shall provide such financial
or other assistance to the State of Montana and to
lands within the State of Montana for State trust
lands owned by the State of Montana as of the date
of the enactment of this Act.
(B) Subject to subparagraph (C), if, for any
reason, after the expiration of the period specified in
subparagraph (A), the exchanges of the State trust
lands identified in paragraph (1) have not provided
the Crow Tribe with a total of 46,625 acres of sur-
face lands within the boundaries of the existing
Crow Indian Reservation (including parcel number
1), the Secretary shall, at the request of, and in co-
operation with, the Crow Tribe, develop and imple-
ment a program to provide the Crow Tribe with ad-
ditional land within the Crow Indian Reservation
(including parcel number 1) through land exchanges
with private landowners.
(C) The total value of—
(i) the value of the lands exchanged and
acquired for the Crow Tribe pursuant to para-
graph (1), and
(ii) the value of the lands exchanged and
acquired for the Crow Tribe pursuant to this
paragraph,
shall not exceed the value of the surface estate of
the 46,625 acres of land identified in paragraph
(1)(A).
(D) In carrying out a program developed pursu-
ant to this paragraph, the Secretary may exchange
public lands within the State of Montana for private
lands of substantially equal value within the bound-
aries of the existing Crow Indian Reservation in ac-
cordance with section 206 of the Federal Land Pol-
icy Management Act of 1976 (43 U.S.C. 1716).
(E) In determining the fair market value of the
lands described in subparagraph (D), the parties to
an exchange made pursuant to subparagraph (D)
shall give due consideration to the value of improve-
ments on the lands.
(F) If the Secretary obtains private lands pur-
suant to subparagraph (D), the Secretary shall
transfer title to such lands to the Crow Tribe.
(G) Title to any private or public lands trans-
ferred to the Crow Tribe pursuant to this paragraph
shall—
(i) be vested in the United States in trust
for the sole use and benefit of the Crow Tribe;
and
(ii) be recognized as part of the Crow In-
dian Reservation, if such lands are located with-
in the boundaries of the Crow Indian Reserva-
tion.
(H) The Crow Tribe shall assist in obtaining
prospective willing parties to exchange private lands
within the Crow Indian Reservation for public lands
within the State of Montana pursuant to this para-
graph.
(e) CROW TRIBAL TRUST FUND.—The Settlement
Agreement shall include provisions governing the distribu-
tion of interest income to the Crow Tribe from the Crow
Tribal Trust Fund pursuant to the terms and conditions
described in section 6.
SEC. 6. ESTABLISHMENT AND ADMINISTRATION OF CROW
TRIBAL TRUST FUND.
(a) ESTABLISHMENT
OF
CROW
TRIBAL
TRUST
FUND.—
(1) IN GENERAL.—There is established in the
Treasury of the United States a trust fund to be
known as the ‘‘Crow Tribal Trust Fund’’.
(2) AVAILABILITY OF AMOUNTS IN THE CROW
TRIBAL TRUST FUND.—Amounts in the Crow Tribal
Trust Fund shall be available, without fiscal year
limitation, to the Secretary for distribution to the
Crow Tribe in accordance with subsection (d).
(b) CONTRIBUTIONS
TO
CROW
TRIBAL
TRUST
FUND.—
(1) IN
GENERAL.—Subject to paragraph (2)
and the requirements of section 10—
(A) on or before November 30, 1994, the
Secretary of the Treasury shall deposit into the
Crow Tribal Trust Fund an amount equal to
the amounts of royalties received and retained
by the United States during fiscal year 1994
from the East Decker, West Decker, and
Spring Creek coal mines; and
(B) commencing with fiscal year 1995 and
for such period thereafter as may be necessary,
the Secretary and the Secretary of the Treasury
shall make necessary and proper arrangements
for the monthly payment, transfer, or deposit
(or any combination thereof) into the Crow
Tribal Trust Fund of the royalties received and
retained by the United States for the imme-
diately preceding month from the East Decker,
West Decker, and Spring Creek coal mines in
the State of Montana for the life of such mines,
including any extensions of the existing leases
for such mines and any expansions of such
mines to nearby and adjacent federally owned
coal deposits, as specified in the Settlement
Agreement.
(2) AMOUNT OF ROYALTIES.—The total amount
of royalties described in paragraph (1) that are paid,
transferred, or deposited into the Crow Tribal Trust
Fund 
shall 
not 
exceed, 
in 
the 
aggregate,
$85,000,000, excluding—
(A) any interest earned on moneys in the
Crow Tribal Trust Fund; and
(B) the funds transferred to the Suspen-
sion Accounts pursuant to section 10.
(3) PAYMENTS OF ROYALTIES RECEIVED AND
RETAINED
BY
THE
UNITED
STATES.—Subject to
paragraph (2) and the requirements of section 10,
the royalties received and retained by the United
States from the East Decker, West Decker, and
Spring Creek coal mines shall be paid, transferred or
deposited into the Crow Tribal Trust Fund not later
than 30 days after the date on which the royalties
are due and paid.
(4) 
ADDITIONAL
PAYMENTS.—The 
Federal
Government shall make payments, in addition to the
payments referred to in paragraph (3), from the roy-
alties received and retained by the United States
from other coal mines within the State of Montana
into the Crow Tribal Trust Fund in an amount
equal to any lost interest income (as determined by
the Secretary), if any portion of the sums described
in paragraph (3) are not paid, transferred or depos-
ited into the Crow Tribal Trust Fund within the 30-
day period prescribed in paragraph (3).
(c) INVESTMENT.—At the request of the Secretary,
the Secretary of the Treasury shall invest all sums depos-
ited into, accruing to, and remaining in, the Crow Tribal
Trust Fund in accordance with the Act of February 12,
1929 (45 Stat. 1164, chapter 178; 25 U.S.C. 161a).
(d) DISTRIBUTION OF INTEREST.—
(1) IN GENERAL.—Only the interest received on
funds in the Crow Tribal Trust Fund shall be avail-
able for distribution by the Secretary to the Crow
Tribe for use for education, land acquisition, eco-
nomic development, youth and elderly programs or
other tribal purposes in accordance with plans and
budgets developed and approved by the Crow Tribe
and approved by the Secretary.
(2) REQUIREMENTS FOR DISTRIBUTION OF IN-
TEREST.—Commencing with fiscal year 1996 and
for each fiscal year thereafter, without fiscal year