25 U.S.C. § 1776c (INDIANS)
§ 1776c. Settlement terms and conditions and extinguishment 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 subchapter 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 subparagraphs (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 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 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 Cheyenne 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 this subsection 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 3 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 subchapter 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 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 subchapter 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 1716 of title 43.
(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 pursuant to this paragraph as part of the settlement of the 107th Meridian boundary dispute made pursuant to this subchapter 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 pursuant to the exchanges with the State of Montana by such means of conveyance as the Secretary considers appropriate.
(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 by the State of Montana as of November 2, 1994.
(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 Secretary 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 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 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 Reservation in accordance with section 1716 of title 43.
(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 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 Reservation, 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 pursuant to the terms and conditions described in section 1776d of this title.
(Pub. L. 103–444, § 5, Nov. 2, 1994, 108 Stat. 4635; Pub. L. 104–109, § 9(a), Feb. 12, 1996, 110 Stat. 765.)
heading: References in Text
text: Act of February 22, 1889, referred to in subsec. (d)(1)(A), is act Feb. 22, 1889, ch. 180, 25 Stat. 676, popularly known as the Montana Enabling Act. For complete classification of this Act to the Code, see Tables.
Act June 4, 1920, referred to in subsec. (d)(1)(A), is act June 4, 1920, ch. 224, 41 Stat. 751, as amended, popularly known as the Crow Allotment Act. For further details, see Crow Indian Reservation note set out under section 331 of this title. For complete classification of this Act to the Code, see Tables.
heading: Amendments
text: 1996—Subsec. (b)(3). Pub. L. 104–109 made technical amendment to reference to “this subsection” to correct underlying provisions of original act.