I 
118TH CONGRESS 
1ST SESSION H. R. 2405 
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 HOUSE OF REPRESENTATIVES 
MARCH 30, 2023 
Mr. ARMSTRONG introduced the following bill; which was referred to the 
Committee on 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 Representa-
tives 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— 
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(1) in 1889, Congress enacted the North Da-
kota Enabling Act ‘‘to provide for the division of 
Dakota into two States and to enable the people of 
North Dakota, South Dakota, Montana, and Wash-
ington to form constitutions and State governments 
and to be admitted into the Union on an equal foot-
ing 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 sec-
tions 16 and 36 in every township to the new 
States of North Dakota, South Dakota, Mon-
tana, and Washington ‘‘for the support of com-
mon schools’’; and 
(B) in cases where portions of sections 16 
and 36 had been reserved, granted, or sold 
prior to those States attaining statehood, au-
thorized 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 
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the support of colleges, universities, the State cap-
itol, 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 con-
cluded 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 
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(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 lo-
cated 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 Manage-
ment Act of 1976 (43 U.S.C. 1702). 
(4) RESERVATION.—The term ‘‘reservation’’ 
means any Indian reservation located wholly or par-
tially within the State of North Dakota and recog-
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(A) IN GENERAL.—The term ‘‘unappropri-
ated 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 ‘‘unappropri-
ated 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 reserva-
tion; 
(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.; 
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(V) located within a United 
States military reservation; or 
(VI) designated by Congress or 
the President for conservation pur-
poses. 
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 
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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 Fed-
eral 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, ex-
change, or conveyance under section 203, 
205, 206, or 209 of the Federal Land Pol-
icy 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 para-
graph (1), on the date on which the Federal 
land is conveyed to the State, the State shall 
concurrently relinquish and convey to the Sec-
retary 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, li-
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abilities, 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 par-
cel relinquished by the State and conveyed to the 
Secretary under this Act is located wholly or par-
tially 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— 
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(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 reserva-
tion 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 res-
ervation, 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 consulta-
tion and coordination with Indian tribal govern-
ments). 
(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 
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(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, unappro-
priated 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 over-
riding interest in the portion of the mineral es-
tate 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 un-
appropriated 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 
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under subparagraph (A), the relinquishment of 
land under subparagraph (B) shall have no ef-
fect. 
(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 author-
ity over any leases, licenses, permits, rights-of- 
way, operating plans, other land use authoriza-
tions, 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 ex-
istence on the date of enactment of this Act, all Fed-
eral 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 
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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 ma-
terials. 
(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 
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(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 ledg-
er 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 com-
pleted in accordance with— 
(1) the Uniform Appraisal Standards for Fed-
eral 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 de-
scribed in subsection (e), as applicable, may not exceed 
25 percent of the total value of the parcel of Federal land. 
(d) LOW VALUE PARCELS.— 
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(1) IN GENERAL.—The Secretary, with the con-
sent of the State, may use mass appraisals, a sum-
mary 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 con-
veyed under this Act instead of an appraisal that 
complies with the Uniform Appraisal Standards for 
Federal Land Acquisitions if the State and the Sec-
retary 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 consider-
ation for a parcel of Federal land, if the overall 
value of the parcels is not equal, the Secretary and 
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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 ac-
count described in paragraph (1) shall be— 
(A) balanced not later than 3 years after 
the date on which the ledger account is estab-
lished; 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 com-
pensate the Secretary or the State, as applica-
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ble, for assuming the costs or other responsibil-
ities. 
(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 re-
duced by the amount that represents the likely Fed-
eral 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 re-
flecting 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 trea-
ties or agreements with the United States, Executive 
orders, statutes, regulations, or case law. 
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(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 appli-
cable, shall allow the grazing to continue for the re-
mainder of the term of the lease, permit, or con-
tract, 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 can-
celing 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. 
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(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 owner-
ship of any land or mineral resources. 
Æ 
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