(1) NORTH DAKOTA ENABLING ACT.—The term 
‘‘North Dakota Enabling Act’’ means the Act of 
February 22, 1889 (25 Stat. 676, chapter 180). 
(2) RESERVATION.—The term ‘‘reservation’’ 
means any Indian reservation located wholly or par-
tially within the State of North Dakota and recog-
nized under United States treaty, Executive order, 
or Act of Congress. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(4) 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. 
(5) 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 Con-
gress for school purposes; 
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(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. 
(6) UNAPPROPRIATED FEDERAL LAND.— 
(A) IN GENERAL.—The term ‘‘unappropri-
ated Federal land’’ means public land adminis-
tered by the Bureau of Land Management lo-
cated within the State of North Dakota, includ-
ing public land that is mineral in character. 
(B) EXCLUSIONS.—The term ‘‘unappropri-
ated Federal land’’ does not include— 
(i) land (including an interest in land) 
acquired by the Bureau of Land Manage-
ment; 
(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(I) withdrawn from— 
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(aa) entry, appropriation, or 
disposal under the public land 
laws; 
(bb) location, entry, and 
patent under the mining laws; or 
(cc) disposition under all 
laws pertaining to mineral and 
geothermal leasing or mineral 
materials; 
(II) located within a component 
of the National Landscape Conserva-
tion System; 
(III) designated as a Research 
Natural Area; 
(IV) located within any reserva-
tion; 
(V) 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.; 
(VI) located within a United 
States military reservation; or 
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(VII) designated by Congress or 
the President for conservation pur-
poses. 
SEC. 3. 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. 
(2) APPROVAL.—Not later than 180 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. 
(3) REVIEW.—Nothing in this subsection pre-
cludes the Secretary from conducting an environ-
mental review of any parcel proposed for relinquish-
ment under paragraph (1) if the Secretary deter-
mines that an environmental review is appropriate. 
(b) CONVEYANCE.— 
(1) CONVEYANCE BY SECRETARY.— 
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(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 un-
appropriated Federal land by the Secretary 
under this Act— 
(i) shall be by patent or deed in a 
form acceptable to the State and the Sec-
retary; and 
(ii) shall not be considered a sale, ex-
change, or conveyance for purposes of sec-
tion 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 unappropriated Federal land 
under paragraph (1), on the date on which the 
unappropriated Federal land is conveyed to the 
State, the State shall concurrently relinquish 
and convey to the Secretary all right, title, and 
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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-
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 
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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 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 affected Indian Tribes, including 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) and other applicable 
laws. 
(e) WITHDRAWAL.— 
(1) IN GENERAL.—Subject to valid rights in ex-
istence on the date of enactment of this Act, all un-
appropriated Federal land selected by the State for 
conveyance under this Act, effective beginning on 
the date on which the State makes the selection and 
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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 ma-
terials. 
(2) DATE DESCRIBED.—The date referred to in 
paragraph (1) is the date on which, as applicable— 
(A) the unappropriated 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. 4. VALUATION. 
(a) EQUAL VALUE.—With respect to a State land 
grant parcel conveyed under this Act in consideration for 
a parcel of unappropriated Federal land selected in ac-
cordance with this Act— 
(1) the overall value of the State land grant 
parcel and the overall value of the parcel of unap-
propriated 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.— 
(1) IN GENERAL.—Except as provided in sub-
section (d), the value of the unappropriated Federal 
land selected in accordance with this Act and the 
value of a State land grant parcel conveyed under 
this Act shall be determined by appraisals conducted 
by 1 or more independent appraisers selected jointly 
by the Secretary and the State. 
(2) REQUIREMENTS.—An appraisal under para-
graph (1) shall be completed in accordance with— 
(A) the Uniform Appraisal Standards for 
Federal Land Acquisitions; or 
(B) subject to subsection (d)(1), the Uni-
form 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 unappropriated Federal land to be con-
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veyed 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 unappropriated Federal land. 
(d) LOW VALUE PARCELS.— 
(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 unappropriated Federal 
land to be conveyed under this Act instead of an ap-
praisal 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 unappropri-
ated 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 unappropriated Federal land may not be 
artificially divided in order to qualify for a summary 
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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 unappropriated Federal land, if 
the overall value of the parcels is not equal, the Sec-
retary and the State may agree to use a ledger ac-
count 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 
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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 unappropriated 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 unappropriated 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 par-
cel 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 con-
sidered as reflecting a property right of the State. 
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SEC. 5. 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. 
(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 unappropriated Federal land 
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under this Act, the Secretary shall complete an 
inspection and a hazardous materials certifi-
cation 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 mate-
rials 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 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, 
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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. 6. SAVINGS CLAUSE. 
Nothing in this Act applies to or affects litigation or 
disputes pending on the date of enactment of this Act re-
garding the ownership of any land or mineral resources 
located within the State of North Dakota. 
Æ 
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