H. R. 5200
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-four
An Act
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 Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Crow Boundary Settlement
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 (com-
monly known as the ‘‘Fort Laramie Treaty of 1868’’; 15 Stat.
649), the eastern boundary of the Crow Indian Reservation
was established 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 Cheyenne Reservation was
established as the 107th meridian. The 107th meridian was
intended to be the common boundary between the Crow Res-
ervation and Northern Cheyenne Reservation for approximately
25 miles.
(3) From 1889 through 1891, a survey was conducted of
the eastern boundary of the Crow Reservation. 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 Cheyenne Reservation. Deposits
of low sulphur coal underlie the land excluded from the Crow
Indian Reservation, including the land included in the Northern
Cheyenne Indian Reservation.
(4)(A) The erroneous nature of the survey was not discov-
ered for several decades. Meanwhile, the areas along the 107th
meridian to the north and south of the Northern Cheyenne
Indian Reservation were opened to settlement in the late nine-
teenth century and early part of the twentieth century. Patents
were issued to non-Indian persons and to the State of Montana
for most of the surface land and a significant portion of the
minerals in these areas between the 107th meridian and the
1891 survey line.
(B) The 12,964 acres included in the Northern Cheyenne
Reservation have been treated as part of the Northern Chey-
H. R. 5200—2
enne Reservation and occupied by the Northern Cheyenne Tribe
and the Northern Cheyenne allottees, and their successors in
interest.
(5) Legislation to resolve the 107th meridian boundary
dispute was introduced in Congress in the 1960’s and 1970’s,
and again in 1992, but no such legislation was enacted into
law.
(b) PURPOSE.—The purpose of this Act is to settle the 107th
meridian boundary dispute created by the erroneous survey of the
eastern boundary of the Crow Indian Reservation made by the
Federal Government described in subsection (a)(3).
SEC. 3. DEFINITIONS.
As used in this Act:
(1) CROW TRIBE.—The term ‘‘Crow Tribe’’ means the Crow
Tribe of Indians, the duly recognized governing body of the
Crow Indian Reservation.
(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 sur-
vey 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 survey line’’ means
the erroneous boundary line resulting 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 Cheyenne 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 revenues that arise from,
or are derived from, parcel number 2, including all accrued
interest on such revenues, which are held by the Bureau of
Indian Affairs in an escrow account as of the date of enactment
of this Act.
(8) PARCEL NUMBER 1.—The term ‘‘parcel number 1’’ means
the area, encompassing approximately 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 approximately 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 extension
to the west of the northern boundary of the Northern Cheyenne
Indian Reservation, and on the west by the 1891 survey line.
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(10) PARCEL
NUMBER
3.—The term ‘‘parcel number 3’’
means the area, encompassing approximately 2,469 acres,
bounded on the south by the extension to the west of the
northern boundary of the Northern Cheyenne Indian Reserva-
tion, 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 approximately 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 royalties derived from minerals
owned by the United States that the United States retains
after all payments 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 Sec-
retary of the Interior.
(15) SETTLEMENT
AGREEMENT.—The term ‘‘Settlement
Agreement’’ means the agreement between 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 Montana 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 METHANE, OR OTHER
MINERALS.—The term ‘‘undisposed of oil, gas, coal methane,
or other minerals’’ means oil, gas, coal methane, or other min-
erals (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 AGREEMENT.—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 AGREEMENT.—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 Settlement Agreement does not conflict with this
Act.
(c) MODIFICATION OF THE SETTLEMENT AGREEMENT.—The terms
and conditions of the Settlement Agreement may be modified by
H. R. 5200—4
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.
(d) ENFORCEMENT OF THE SETTLEMENT AGREEMENT.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
Settlement Agreement shall be subject to the enforcement provi-
sions under chapter 7 of title 5, United States Code.
(2) ADDITIONAL
ENFORCEMENT.—If, with respect to the
enforcement of the Settlement Agreement, the remedies avail-
able under the provisions referred to in paragraph (1) do not
provide adequate or complete relief, the Settlement Agreement
shall be subject to the enforcement provisions under section
1505 of title 28, United States Code.
SEC. 5. SETTLEMENT TERMS AND CONDITIONS AND EXTINGUISH-
MENT OF CLAIMS.
(a) PROPERTY WITHIN PARCEL NUMBER 1.—
(1) IN GENERAL.—With respect to the property within parcel
number 1, the following provisions shall apply:
(A) The boundary of the Crow Indian Reservation shall
be the 107th meridian.
(B) Title to the undisposed of coal 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 Reservation.
(C) Title to the undisposed of surface lands 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 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 Reservation.
(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 pursuant to subpara-
graphs (B) through (D) of paragraph (1).
(3) WAIVERS AND RELEASES.—The following waivers and
releases shall be included in the Settlement 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 number 1, except for the rights,
titles, and interests recognized as beneficially owned by
the Crow Tribe and as part of the Crow Indian Reservation
in subparagraphs (B) through (D) of paragraph (1).
(B) A release by the Crow Tribe of all persons and
entities, including the United States, from any liability
H. R. 5200—5
arising from, or related to, the 1891 survey and the subse-
quent 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 Cheyenne 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 Settlement 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 appurtenant to such land and minerals.
(B) A release by the Crow Tribe of all persons and
entities, including the United States, the Northern Chey-
enne Tribe, the Northern Cheyenne allottees and their
successors in interest, from any liability arising from, or
related to, the 1891 survey and the subsequent occupancy
and use of parcel number 2.
(3) ENFORCEMENT.—The provisions of subsection (b) may
be enforced, in law or in equity, by the Northern Cheyenne
Tribe, Northern Cheyenne allottees, and their successors in
interest, in accordance with their respective interests.
(c) PROPERTY
WITHIN
PARCEL
NUMBER
AND
PARCEL
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 Settlement 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 persons and
entities, including the United States, from any liability
arising from, or related to, the 1891 survey and the subse-
H. R. 5200—6
quent 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 negotiate with
the State of Montana for the purpose of exchanging public
lands within the State of Montana for State trust lands within
the Crow Reservation 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 Enabling 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 procedures 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 exchanged pursu-
ant 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
governments, if any, will be minimized.
(E) The Secretary shall provide such financial or other
assistance to the State of Montana and to the Crow Tribe
as may be necessary to obtain the appraisals, and to satisfy
administrative requirements, necessary to accomplish the
exchanges made pursuant to subparagraph (A).
(F) Upon approving an exchange made pursuant to this
paragraph, the Secretary shall—
(i) receive title to the State trust lands involved in
the exchange on behalf of the United States; and
(ii) transfer title to the public lands disposed of pursu-
ant to the exchanges with the State of Montana by such
means of conveyance as the Secretary considers appro-
priate.
(G) Title to the State trust lands acquired pursuant to
the exchanges made with the State of Montana pursuant to
this paragraph 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 Reservation.
(2) REQUIREMENT
FOR
EXCHANGES.—(A) In carrying out
the exchanges with the State of Montana pursuant to paragraph
(1), the Secretary shall, during a period of at least 5 years
beginning on the date on which the Settlement Agreement
becomes effective, give first priority to the exchange of public
lands within the State of Montana for State trust lands owned
H. R. 5200—7
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 surface lands within the boundaries of the existing
Crow Indian Reservation (including parcel number 1), the Sec-
retary shall, at the request of, and in cooperation with, the
Crow Tribe, develop and implement a program to provide the
Crow Tribe with additional land within the Crow Indian Res-
ervation (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 paragraph (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 pursuant to this
paragraph, the Secretary may exchange public lands within
the State of Montana for private lands of substantially equal
value within the boundaries of the existing Crow Indian Res-
ervation in accordance with section 206 of the Federal Land
Policy 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 consider-
ation to the value of improvements on the lands.
(F) If the Secretary obtains private lands pursuant to
subparagraph (D), the Secretary shall transfer title to such
lands to the Crow Tribe.
(G) Title to any private or public lands transferred 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 Indian Reserva-
tion, if such lands are located within the boundaries of
the Crow Indian Reservation.
(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 paragraph.
(e) CROW TRIBAL TRUST FUND.—The Settlement Agreement
shall include provisions governing the distribution of interest
income to the Crow Tribe from the Crow Tribal Trust Fund pursu-
ant 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 avail-
H. R. 5200—8
able, without fiscal year limitation, to the Secretary for distribu-
tion 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 require-
ments 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 immediately 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 feder-
ally 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 depos-
ited 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 Suspension Accounts
pursuant to section 10.
(3) PAYMENTS OF ROYALTIES RECEIVED AND RETAINED BY
THE UNITED STATES.—Subject to paragraph (2) and the require-
ments 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 royalties 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 deposited 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 deposited 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 available for distribution
by the Secretary to the Crow Tribe for use for education,
H. R. 5200—9
land acquisition, economic development, youth and elderly pro-
grams 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
INTEREST.—
Commencing with fiscal year 1996 and for each fiscal year
thereafter, without fiscal year limitation, the interest received
on monies in the Crow Tribal Trust Fund shall be available
for distribution under this subsection only if—
(A) the United States and the Crow Tribe enter into
the Settlement Agreement; and
(B) the requirements of section 9 relating to the
approval and execution of the Settlement Agreement are
satisfied.
(3) PROHIBITION.—No portion of the Crow Tribal Trust
Fund or the interest earned on the Crow Tribal Trust Fund
may be distributed to members of the Crow Tribe on a per
capita basis.
(e) USE OF INTEREST FOR ECONOMIC DEVELOPMENT.—Notwith-
standing any other provision of law, the Crow Tribe may, subject
to approval by the Secretary, assign the right of the Crow Tribe
to the interest earned on monies in the Crow Tribal Trust Fund
to a third party in connection with loans made for economic develop-
ment projects on or near the Crow Indian Reservation.
(f) LIMITATION.—Notwithstanding any other provision of law,
no portion of the principal of the Crow Tribal Trust Fund shall
be available for withdrawal or disbursement or used for any purpose
other than the purposes specified in this section and section 10.
SEC. 7. ELIGIBILITY FOR OTHER FEDERAL SERVICES.
No payments made or benefits conferred pursuant to this Act
shall result in the reduction or denial of any Federal services
or programs to any tribe or to any member of a tribe to which
the tribe or member of the tribe is entitled or eligible because
of the status of the tribe as a federally recognized Indian tribe
or the status of a member of such tribe as a member.
SEC. 8. EXCHANGES OF LAND OR MINERALS.
(a) IN GENERAL.—(1) Subject to approval by the Secretary,
the Crow Tribe may exchange any land or minerals to which its
title is recognized in or obtained pursuant to this Act for other
land or minerals of substantially equivalent value within the Crow
Indian Reservation (including parcel number 1).
(2) Lands or minerals received by the Crow Tribe in any
exchange made pursuant to paragraph (1) shall be—
(A) vested in the United States in trust for the sole use
and benefit of the Crow Tribe; and
(B) recognized as part of the Crow Indian Reservation.
(b) OWNERSHIP
BY
NON-INDIANS.—Any land or minerals
received by a person who is not an Indian in an exchange referred
to in subsection (a) shall be owned in fee.
SEC. 9. APPLICABILITY.
(a) IN GENERAL.—The Act shall take effect upon the occurrence
of the following conditions:
(1) The Settlement Agreement is approved and executed
by the Secretary.