I 
112TH CONGRESS 
1ST SESSION H. R. 1158 
To authorize the conveyance of mineral rights by the Secretary of the Interior 
in the State of Montana, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 17, 2011 
Mr. REHBERG introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To authorize the conveyance of mineral rights by the Sec-
retary of the Interior in the State of Montana, 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 ‘‘Montana Mineral Con-
veyance Act’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) under section 503(a)(2) of the Department 
of the Interior and Related Agencies Appropriations 
Act, 1998 (Public Law 105–83; 111 Stat. 1617), the 
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Secretary of the Interior has conveyed mineral rights 
in certain very large tracts of coal to the State of 
Montana, the tracts of which lie as near as 3 or 4 
miles east of the Northern Cheyenne Indian Res-
ervation; 
(2) development of the coal tracts and other ex-
isting and proposed major developments of Federal, 
State, and private energy resources in areas sur-
rounding the Northern Cheyenne Indian Reservation 
yield substantial public revenues to the State (in-
cluding political subdivisions of the State), thereby 
assisting the State (including political subdivisions 
of the State) in addressing the impacts of the devel-
opment; 
(3) although the Northern Cheyenne tribal com-
munity chronically suffers harsh economic conditions 
and severe deficits in public services and facilities, 
the community does not share in any significant por-
tion of the public revenues generated by surrounding 
energy development; 
(4) the Northern Cheyenne Tribe has few, if 
any, sources of revenue available to address develop-
ment impacts; 
(5) in 2002, the Tribe brought suit against the 
Secretary, asserting that the proposed conveyances 
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of the extensive Federal coal tracts to the State 
under the Department of the Interior and Related 
Agencies Appropriations Act, 1998 (Public Law 
105–83; 111 Stat. 1543) would violate— 
(A) several Federal laws (including regula-
tions); and 
(B) the Federal trust responsibility to the 
Tribe; 
(6) subsequently, the Tribe withdrew the suit 
described in paragraph (5) with prejudice, based in 
substantial part on commitments that legislation 
substantially in the form of this Act (and further 
legislation providing funding to the Tribe to address 
the impacts of coal development in areas adjoining 
the Reservation) would be introduced and pursued 
with support from the State, Great Northern Prop-
erties, and others; 
(7) the Tribe asserts that the Tribe retains 
claims against the United States arising from the 
failure of the United States to acquire mineral 
rights underlying approximately 5,000 acres of Res-
ervation land when the Reservation, at the direction 
of Congress, was expanded eastward to the Tongue 
River in 1900, the mineral rights of which, as of the 
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date of enactment of this Act, are owned by Great 
Northern Properties; and 
(8) if the conveyances of mineral rights are car-
ried out under this Act, the Tribe will waive all legal 
claims against the United States arising from the 
longstanding and continuing loss of the Tribe of 
mineral rights relating to the Reservation land. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) CHEYENNE TRACTS.—The term ‘‘Cheyenne 
tracts’’ means the aggregate tract of land that— 
(A) is located in the eastern portion of the 
State within the boundaries of the Reservation; 
(B) comprises approximately 5,000 acres; 
(C) is generally depicted on the map enti-
tled ‘‘Cheyenne Coal Land Conveyance’’ and 
dated April 7, 2010; and 
(D) is comprised of land located in— 
(i) T. 2 S., R. 44 E., sec. 17; 
(ii) T. 2 S., R. 44 E., sec. 19, E1⁄2 
and E1⁄2W1⁄2, Lots 1–4; 
(iii) T. 3 S., R. 44 E., sec. 5, S1⁄2 and 
S1⁄2N1⁄2, Lots 1–4; 
(iv) T. 3 S., R. 44 E., sec. 7, E 1⁄2 
and E1⁄2W1⁄2, Lots 1–4; 
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(v) T. 3 S., R. 44 E., sec. 9, N1⁄2, 
SW1⁄4, and W1⁄2SE1⁄4, Lots 2–4; 
(vi) T. 3 S., R. 44 E., sec. 17; 
(vii) T. 3 S., R. 44 E., sec. 19, E1⁄2 
and E1⁄2W1⁄2, Lots 1–4; and 
(viii) T. 3 S., R. 44 E., sec. 21, N1⁄2, 
SW1⁄4, and SW1⁄4 SE1⁄4, Lots 1 and 2. 
(2) FEDERAL
TRACTS.—The term ‘‘Federal 
tracts’’ means the unleased tracts of land that— 
(A) are located in the State; 
(B) are located outside of the boundaries 
of the Reservation; 
(C) consist of approximately 5,000 acres; 
(D) are generally depicted on the map en-
titled ‘‘Federal Coal Land Conveyance’’ and 
dated øllllll¿; and 
(E) are comprised of land located in— 
(i) T. 3 S., R. 44 E., sec. 26, S1⁄2; 
(ii) T. 3 S., R. 44 E., sec. 34; 
(iii) T. 3 S., R. 45 E., sec. 30, 
E1⁄2SW1⁄4 and SE1⁄4, Lots 1–4; 
(iv) T. 4 S., R. 44 E., sec. 2, S1⁄2N1⁄2 
and S1⁄2, Lots 1–4; 
(v) T. 6 N., R. 27 E., sec. 4, S1⁄2N1⁄2 
and S1⁄2, Lots 1–4; 
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(vi) T. 6 N., R. 27 E., sec. 8; 
(vii) T. 6 N., R. 27 E., sec. 10; 
(viii) T. 6 N., R. 27 E., sec. 14; and 
(ix) T. 6 N., R. 27 E., sec. 22. 
(3) GREAT NORTHERN PROPERTIES.—The term 
‘‘Great Northern Properties’’ means— 
(A) the Great Northern Properties Limited 
Partnership, which is a Delaware limited part-
nership; and 
(B) any successor to the ownership interest 
of Great Northern Properties in any coal or 
iron that underlies the Cheyenne tracts. 
(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. 
(7) TRIBE.—The term ‘‘Tribe’’ means the 
Northern Cheyenne Tribe. 
SEC. 4. MINERAL RIGHTS CONVEYANCES. 
(a) IN GENERAL.—Notwithstanding any other Fed-
eral law (including regulations) that otherwise applies to 
the conveyance of any Federal coal right, title, or interest, 
if Great Northern Properties conveys to the Tribe all min-
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eral interests of Great Northern Properties underlying the 
Cheyenne tracts in accordance with this Act, the Secretary 
shall convey to Great Northern Properties all right, title, 
and interest of the United States in and to the coal under-
lying the Federal tracts. 
(b) IMMUNITIES.—The mineral interests underlying 
the Cheyenne tracts conveyed to the Tribe under sub-
section (a) shall not be subject to taxation by the State 
(including any political subdivision of the State). 
SEC. 5. TERMS AND CONDITIONS OF MINERAL CONVEY-
ANCES. 
(a) WAIVER OF LEGAL CLAIMS.—In return for the 
mineral conveyances under section 4(a), the Tribe shall 
waive each claim relating to the failure of the United 
States to acquire in trust for the Tribe as part of the Res-
ervation the private mineral interests underlying the Chey-
enne tracts. 
(b) CONDITION.—As a condition of the mineral con-
veyances by the Secretary under section 4(a), the Tribe 
and Great Northern Properties shall jointly notify the Sec-
retary in writing that the Tribe and Great Northern Prop-
erties have agreed on a formula for the sharing of revenue 
from coal produced from any portion of the Federal tracts. 
(c) COMPLETION OF MINERAL CONVEYANCES.—Not-
withstanding any other Federal law (including regula-
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tions) that otherwise applies to the conveyance of any Fed-
eral coal right, title, or interest, after satisfaction of the 
condition described in subsection (b) and not later than 
90 days after the date on which the Secretary receives 
written notification under subsection (b), the mineral con-
veyances under section 4(a) shall be completed in a single 
transaction. 
(d) RESCISSION OF MINERAL CONVEYANCES.— 
(1) IN GENERAL.—If any portion of the mineral 
conveyances under section 4(a) is invalidated by a 
Federal district court, and the judgment of the Fed-
eral district court is not vacated or reversed on ap-
peal, the Secretary or Great Northern Properties 
may rescind completely each mineral conveyance 
under section 4(a). 
(2) EFFECT.—If the Secretary or Great North-
ern Properties carries out a rescission under para-
graph (1), the waiver of the Tribe under subsection 
(a) shall be considered to be rescinded. 
SEC. 6. ELIGIBILITY FOR OTHER FEDERAL BENEFITS. 
No sums or other benefits provided to the Tribe 
under this Act shall result in the reduction or denial of 
any Federal services, benefits, or programs to the Tribe 
or to any member of the Tribe to which the Tribe or mem-
ber is entitled or eligible because of— 
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(1) the status of the Tribe as a federally recog-
nized Indian tribe; or 
(2) the status of the member as a member of 
the Tribe. 
SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out 
this Act such sums as are necessary. 
Æ 
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