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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medical Devices Technical 
Corrections Act''.

SEC. 2. TECHNICAL CORRECTIONS REGARDING PUBLIC LAW 107-250.

    (a) Title I; Fees Relating to Medical Devices.--Part 3 of 
subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 379i et seq.), as added by section 102 of Public Law 107-250 
(116 Stat. 1589), is amended--
        (1) in section 737--
            (A) in paragraph (4)(B), by striking ``and for which 
        clinical data are generally necessary to provide a reasonable 
        assurance of safety and effectiveness'' and inserting ``and for 
        which substantial clinical data are necessary to provide a 
        reasonable assurance of safety and effectiveness'';
            (B) in paragraph (4)(D), by striking ``manufacturing,'';
            (C) in paragraph (5)(J), by striking ``a premarket 
        application'' and all that follows and inserting ``a premarket 
        application or premarket report under section 515 or a 
        premarket application under section 351 of the Public Health 
        Service Act.''; and
            (D) in paragraph (8), by striking ``The term `affiliate' 
        means a business entity that has a relationship with a second 
        business entity'' and inserting ``The term `affiliate' means a 
        business entity that has a relationship with a second business 
        entity (whether domestic or international)''; and
        (2) in section 738--
            (A) in subsection (a)(1)--
                (i) in subparagraph (A)--

                    (I) in the matter preceding clause (i) by striking 
                ``subsection (d),'' and inserting ``subsections (d) and 
                (e),'';
                    (II) in clause (iv), by striking ``clause (i),'' 
                and all that follows and inserting ``clause (i).''; and
                    (III) in clause (vii), by striking ``clause (i),'' 
                and all that follows and inserting ``clause (i), 
                subject to any adjustment under subsection 
                (e)(2)(C)(ii).''; and

                (ii) in subparagraph (D), in each of clauses (i) and 
            (ii), by striking ``application'' and inserting 
            ``application, report,'';
            (B) in subsection (d)(2)(B), beginning in the second 
        sentence, by striking ``firms. which show'' and inserting 
        ``firms, which show'';
            (C) in subsection (e)--
                (i) in paragraph (1), by striking ``Where'' and 
            inserting ``For fiscal year 2004 and each subsequent fiscal 
            year, where''; and
                (ii) in paragraph (2)--

                    (I) in subparagraph (B), beginning in the second 
                sentence, by striking ``firms. which show'' and 
                inserting ``firms, which show''; and
                    (II) in subparagraph (C)(i), by striking ``Where'' 
                and inserting ``For fiscal year 2004 and each 
                subsequent fiscal year, where'';

            (D) in subsection (f), by striking ``for filing''; and
            (E) in subsection (h)(2)(B)--
                (i) in clause (ii), by redesignating subclauses (I) and 
            (II) as items (aa) and (bb), respectively;
                (ii) by redesignating clauses (i) and (ii) as 
            subclauses (I) and (II), respectively;
                (iii) by striking ``The Secretary'' and inserting the 
            following:
                ``(i) In general.--The Secretary''; and
                (iv) by adding at the end the following:
                ``(ii) More than 5 percent.--To the extent such costs 
            are more than 5 percent below the specified level in 
            subparagraph (A)(ii), fees may not be collected under this 
            section for that fiscal year.''.
    (b) Title II; Amendments Regarding Regulation of Medical Devices.--
        (1) Inspections by accredited persons.--Section 704(g) of the 
    Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374(g)), as added 
    by section 201 of Public Law 107-250 (116 Stat. 1602), is amended--
            (A) in paragraph (1), in the first sentence, by striking 
        ``conducting inspections'' and all that follows and inserting 
        ``conducting inspections of establishments that manufacture, 
        prepare, propagate, compound, or process class II or class III 
        devices, which inspections are required under section 510(h) or 
        are inspections of such establishments required to register 
        under section 510(i).'';
            (B) in paragraph (5)(B), in the first sentence, by striking 
        ``or poses'' and all that follows through the period and 
        inserting ``poses a threat to public health, fails to act in a 
        manner that is consistent with the purposes of this subsection, 
        or where the Secretary determines that there is a financial 
        conflict of interest in the relationship between the accredited 
        person and the owner or operator of a device establishment that 
        the accredited person has inspected under this subsection.'';
            (C) in paragraph (6)(A)--
                (i) in clause (i), by striking ``of the establishment 
            pursuant to subsection (h) or (i) of section 510'' and 
            inserting ``described in paragraph (1)'';
                (ii) in clause (ii)--

                    (I) in the matter preceding subclause (I)--

                        (aa) by striking ``each inspection'' and 
                    inserting ``inspections''; and
                        (bb) by inserting ``during a 2-year period'' 
                    after ``person''; and

                    (II) in subclause (I), by striking ``such a 
                person'' and inserting ``an accredited person'';

                (iii) in clause (iii)--

                    (I) in the matter preceding subclause (I), by 
                striking ``and the following additional conditions are 
                met:'' and inserting ``and 1 or both of the following 
                additional conditions are met:'';
                    (II) in subclause (I), by striking ``accredited'' 
                and all that follows through the period and inserting 
                ``(accredited under paragraph (2) and identified under 
                clause (ii)(II)) as a person authorized to conduct such 
                inspections of device establishments.''; and
                    (III) in subclause (II), by inserting ``or by a 
                person accredited under paragraph (2)'' after ``by the 
                Secretary'';

                (iv) in clause (iv)(I)--

                    (I) in the first sentence--

                        (aa) by striking ``the two immediately 
                    preceding inspections of the establishment'' and 
                    inserting ``inspections of the establishment during 
                    the previous 4 years''; and
                        (bb) by inserting ``section'' after ``pursuant 
                    to'';

                    (II) in the third sentence--

                        (aa) by striking ``the petition states a 
                    commercial reason for the waiver;''; and
                        (bb) by inserting ``not'' after ``the Secretary 
                    has not determined that the public health would''; 
                    and

                    (III) in the fourth sentence, by striking ``granted 
                until'' and inserting ``granted or deemed to be granted 
                until''; and

                (v) in clause (iv)(II)--

                    (I) by inserting ``of a device establishment 
                required to register'' after ``to be conducted''; and
                    (II) by inserting ``section'' after ``pursuant 
                to'';

            (D) in paragraph (6)(B)(iii)--
                (i) in the first sentence, by striking ``, and data 
            otherwise describing whether the establishment has 
            consistently been in compliance with sections 501 and 502 
            and other'' and inserting ``and with other''; and
                (ii) in the second sentence--

                    (I) by striking ``inspections'' and inserting 
                ``inspectional findings''; and
                    (II) by inserting ``relevant'' after ``together 
                with all other'';

            (E) in paragraph (6)(B)(iv)--
                (i) by inserting ``(I)'' after ``(iv)''; and
                (ii) by adding at the end the following:
    ``(II) If, during the two-year period following clearance under 
subparagraph (A), the Secretary determines that the device 
establishment is substantially not in compliance with this Act, the 
Secretary may, after notice and a written response, notify the 
establishment that the eligibility of the establishment for the 
inspections by accredited persons has been suspended.'';
            (F) in paragraph (6)(C)(ii), by striking ``in accordance 
        with section 510(h), or has not during such period been 
        inspected pursuant to section 510(i), as applicable'';
            (G) in paragraph (10)(B)(iii), by striking ``a reporting'' 
        and inserting ``a report''; and
            (H) in paragraph (12)--
                (i) by striking subparagraph (A) and inserting the 
            following:
        ``(A) the number of inspections conducted by accredited persons 
    pursuant to this subsection and the number of inspections conducted 
    by Federal employees pursuant to section 510(h) and of device 
    establishments required to register under section 510(i);''; and
                (ii) in subparagraph (E), by striking ``obtained by the 
            Secretary'' and all that follows and inserting ``obtained 
            by the Secretary pursuant to inspections conducted by 
            Federal employees;''.
        (2) Other corrections.--
            (A) Prohibited acts.--Section 301(gg) of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 331(gg)), as amended by 
        section 201(d) of Public Law 107-250 (116 Stat. 1609), is 
        amended to read as follows:
    ``(gg) The knowing failure to comply with paragraph (7)(E) of 
section 704(g); the knowing inclusion by a person accredited under 
paragraph (2) of such section of false information in an inspection 
report under paragraph (7)(A) of such section; or the knowing failure 
of such a person to include material facts in such a report.''.
            (B) Electronic labeling.--Section 502(f) of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 352(f)), as amended by 
        section 206 of Public Law 107-250 (116 Stat. 1613), is amended, 
        in the last sentence--
                (i) by inserting ``or by a health care professional and 
            required labeling for in vitro diagnostic devices intended 
            for use by health care professionals or in blood 
            establishments'' after ``in health care facilities'';
                (ii) by inserting a comma after ``means'';
                (iii) by striking ``requirements of law and, that'' and 
            inserting ``requirements of law, and that'';
                (iv) by striking ``the manufacturer affords health care 
            facilities the opportunity'' and inserting ``the 
            manufacturer affords such users the opportunity''; and
                (v) by striking ``the health care facility''.
    (c) Title III; Additional Amendments.--
        (1) Effective date.--Section 301(b) of Public Law 107-250 (116 
    Stat. 1616), is amended by striking ``18 months'' and inserting 
    ``36 months''.
        (2) Premarket notification.--Section 510(o) of the Federal 
    Food, Drug, and Cosmetic Act (21 U.S.C. 360(o)), as added by 
    section 302(b) of Public Law 107-250 (116 Stat. 1616), is amended--
            (A) in paragraph (1)(B), by striking ``, adulterated'' and 
        inserting ``or adulterated''; and
            (B) in paragraph (2)--
                (i) in subparagraph (B), by striking ``, adulterated'' 
            and inserting ``or adulterated''; and
                (ii) in subparagraph (E), by striking ``semicritical'' 
            and inserting ``semi-critical''.
    (d) Miscellaneous Corrections.--
        (1) Certain amendments to section 515.--
            (A) In general.--
                (i) Technical correction.--Section 515(c) of the 
            Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360e(c)), 
            as amended by sections 209 and 302(c)(2)(A) of Public Law 
            107-250 (116 Stat. 1613, 1618), is amended by redesignating 
            paragraph (3) (as added by section 209 of such Public Law) 
            as paragraph (4).
                (ii) Modular review.--Section 515(c)(4)(B) of the 
            Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
            360e(c)(4)(B)) is amended by striking ``unless an issue of 
            safety'' and inserting ``unless a significant issue of 
            safety''.
            (B) Conforming amendment.--Section 210 of Public Law 107-
        250 (116 Stat. 1614) is amended by striking
        ``, as amended'' and all that follows through ``by adding'' and 
        inserting ``is amended in paragraph (3), as redesignated by 
        section 302(c)(2)(A) of this Act, by adding''.
        (2) Certain amendments to section 738.--
            (A) In general.--Section 738(a) of the Federal Food, Drug, 
        and Cosmetic Act (21 U.S.C. 379j(a)), as amended by subsection 
        (a), is amended--
                (i) in the matter preceding paragraph (1)--

                    (I) by striking ``(a) Types of Fees.--Beginning 
                on'' and inserting the following:

    ``(a) Types of Fees.--
        ``(1) In general.--Beginning on''; and

                    (II) by striking ``this section as follows:'' and 
                inserting ``this section.''; and

                (ii) by striking ``(1) Premarket application,'' and 
            inserting the following: ``(2) Premarket application,''.
            (B) Conforming amendments.--Section 738 of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 379j), as amended by 
        subparagraph (A), is amended--
                (i) in subsection (d)(1), in the last sentence, by 
            striking ``subsection (a)(1)(A)'' and inserting 
            ``subsection (a)(2)(A)'';
                (ii) in subsection (e)(1), by striking ``subsection 
            (a)(1)(A)(vii)'' and inserting ``subsection 
            (a)(2)(A)(vii)'';
                (iii) in subsection (e)(2)(C)--

                    (I) in each of clauses (i) and (ii), by striking 
                ``subsection (a)(1)(A)(vii)'' and inserting 
                ``subsection (a)(2)(A)(vii)''; and
                    (II) in clause (ii), by striking ``subsection 
                (a)(1)(A)(i)'' and inserting ``subsection 
                (a)(2)(A)(i)''; and

                (iv) in subsection (j), by striking ``subsection 
            (a)(1)(D),'' and inserting ``subsection (a)(2)(D),''.
            (C) Additional conforming amendment.--Section 102(b)(1) of 
        Public Law 107-250 (116 Stat. 1600) is amended, in the matter 
        preceding subparagraph (A), by striking ``section 
        738(a)(1)(A)(ii)'' and inserting ``section 738(a)(2)(A)(ii)''.
        (3) Public law 107-250.--Public Law 107-250 is amended--
            (A) in section 102(a) (116 Stat. 1589), by striking ``(21 
        U.S.C. 379F et seq.)'' and inserting ``(21 U.S.C. 379f et 
        seq.)'';
            (B) in section 102(b) (116 Stat. 1600)--
                (i) by striking paragraph (2);
                (ii) in paragraph (1), by redesignating subparagraphs 
            (A) and (B) as paragraphs (1) and (2), respectively; and
                (iii) by striking:
    ``(b) Fee Exemption for Certain Entities Submitting Premarket 
Reports.--
        ``(1) In general.--A person submitting a premarket report'' and 
    inserting:
    ``(b) Fee Exemption for Certain Entities Submitting Premarket 
Reports.--A person submitting a premarket report''; and
            (C) in section 212(b)(2) (116 Stat. 1614), by striking ``, 
        such as phase IV trials,''.
SEC. 3. REPORT ON BARRIERS TO AVAILABILITY OF DEVICES INTENDED FOR 
CHILDREN.
    Not later than 180 days after the date of enactment of this Act, 
the Secretary of Health and Human Services shall submit to the 
Committee on Health, Education, Labor, and Pensions of the Senate and 
the Committee on Energy and Commerce of the House of Representatives a 
report on the barriers to the availability of devices intended for the 
treatment or diagnosis of diseases and conditions that affect children. 
The report shall include any recommendations of the Secretary of Health 
and Human Services for changes to existing statutory authority, 
regulations, or agency policy or practice to encourage the invention 
and development of such devices.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
Medical Devices Technical Corrections Act - Amends the Federal Food, Drug, and Cosmetic Act (as amended by the Medical Device User Fee and Modernization Act of 2002) to revise provisions concerning medical devices user fees.

Prohibits the Secretary of Health and Human Services from collecting fees to defray costs in any fiscal year where the amount appropriated is more than five percent below the costs of the resources allocated for the review of device applications.

Allows the Secretary to withdraw accreditation to inspect from any person where the Secretary determines that there is a conflict of interest between the company and the accredited inspector.

Permits a company that markets at least one medical device in the United States and one medical device in another country to use an accredited third party inspector if the company certifies that the foreign country recognizes inspections by: (1) the Food and Drug Administration (FDA); and/or (2) the third party inspector. (Current law requires a country to recognize both types of inspections.)

Allows the Secretary to withdraw eligibility for third party inspections from a company if the Secretary determines that the company is substantially not in compliance with the Act.

Allows electronic labeling for prescription devices intended for use by health care professionals and for in vitro diagnostic devices intended for use by health care professionals or in blood establishments.

Delays by 18 additional months the effective date of the provision deeming a device misbranded if the identification of the manufacturer is not conspicuously displayed.

Directs the Secretary to submit a report to the relevant committees on the barriers to the availability of devices intended for treatment or diagnosis of diseases or conditions that affect children.

SECTION 1. INCLUSION OF ADDITIONAL PORTION OF THE LITTLE SANDY RIVER 
              WATERSHED IN THE BULL RUN WATERSHED MANAGEMENT UNIT, 
              OREGON.

    (a) In General.--Public Law 95-200 (16 U.S.C. 482b note) is amended 
by striking section 1 and inserting the following:

``SECTION 1. ESTABLISHMENT OF SPECIAL RESOURCES MANAGEMENT UNIT; 
              DEFINITION OF SECRETARY.

    ``(a) Establishment.--
            ``(1) In general.--There is established, subject to valid 
        existing rights, a special resources management unit in the 
        State of Oregon comprising approximately 98,272 acres, as 
        depicted on a map dated September, 1998, and entitled `Bull Run 
        Watershed Management Unit'.
            ``(2) Map.--The map described in paragraph (1) shall be on 
        file and available for public inspection in the offices of the 
        Regional Forester-Pacific Northwest Region, Forest Service, 
        Department of Agriculture, and in the offices of the State 
        Director, Bureau of Land Management, Department of the 
        Interior.
            ``(3) Boundary adjustments.--Minor adjustments in the 
        boundaries of the unit may be made from time to time by the 
        Secretary after consultation with the city and appropriate 
        public notice and hearings.
    ``(b) Definition of Secretary.--In this Act, the term `Secretary' 
means--
            ``(1) with respect to land administered by the Secretary of 
        Agriculture, the Secretary of Agriculture; and
            ``(2) with respect to land administered by the Secretary of 
        the Interior, the Secretary of the Interior.''.
    (b) Conforming and Technical Amendments.--
            (1) Secretary.--Public Law 95-200 (16 U.S.C. 482b note) is 
        amended by striking ``Secretary of Agriculture'' each place it 
        appears (except subsection (b) of section 1, as added by 
        subsection (a), and except in the amendments made by paragraph 
        (2)) and inserting ``Secretary''.
            (2) Applicable law.--
                    (A) In general.--Section 2(a) of Public Law 95-200 
                (16 U.S.C. 482b note) is amended by striking 
                ``applicable to National Forest System lands'' and 
                inserting ``applicable to National Forest System land 
                (in the case of land administered by the Secretary of 
                Agriculture) or applicable to land under the 
                administrative jurisdiction of the Bureau of Land 
                Management (in the case of land administered by the 
                Secretary of the Interior)''.
                    (B) Management plans.--The first sentence of 
                section 2(c) of Public Law 95-200 (16 U.S.C. 482b note) 
                is amended--
                            (i) by striking ``subsection (a) or (b)'' 
                        and inserting ``subsections (a) and (b)''; and
                            (ii) by striking ``, through the 
                        maintenance'' and inserting ``(in the case of 
                        land administered by the Secretary of 
                        Agriculture) or section 202 of the Federal Land 
                        Policy and Management Act of 1976 (43 U.S.C. 
                        1712) (in the case of land administered by the 
                        Secretary of the Interior), through the 
                        maintenance''.

SEC. 2. MANAGEMENT.

    (a) Timber Harvesting Restrictions.--Section 2(b) of Public Law 95-
200 (16 U.S.C. 482b note) is amended by striking paragraph (1) and 
inserting the following:
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        shall prohibit the cutting of trees on Federal land in the 
        entire unit, as designated in section 1 and depicted on the map 
        referred to in that section.''.
    (b) Repeal of Management Exception.--The Oregon Resource 
Conservation Act of 1996 (division B of Public Law 104-208) is amended 
by striking section 606 (110 Stat. 3009-543).
    (c) Repeal of Duplicative Enactment.--Section 1026 of division I of 
the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 
104-333; 110 Stat. 4228) and the amendments made by that section are 
repealed.
    (d) Water Rights.--Nothing in this section strengthens, diminishes, 
or has any other effect on water rights held by any person or entity.

SEC. 3. LAND EXCHANGE.

    (a) Land Exchange.--Upon application by the city of Portland, 
Oregon (referred to in this section as the ``city''), the Secretary of 
Agriculture shall enter into negotiations with the city for the 
transfer of National Forest System land underlying the city's Bull Run 
water supply facilities to the city in exchange for city-owned land 
lying within the boundaries of any unit of the National Forest System 
in Oregon or Washington.
    (b) Time for Exchange.--Subject to subsection (c), the Secretary 
shall expedite the negotiations, if the city applies for a land 
exchange under subsection (a), and shall complete such a land exchange 
not later than September 30, 2001.
    (c) Applicability of Other Laws.--Except as provided in subsection 
(d), any land exchange under this section shall be carried out in 
accordance with section 206 of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1716) and other applicable law.
    (d) Exception to Single State Limitation on Exchange.--The 
requirement that Federal and non-Federal parcels of land exchanged for 
each other must be located within the same State, as specified in the 
Act entitled ``An Act to Consolidate National Forest Lands'', approved 
March 20, 1922 (16 U.S.C. 485), and the first sentence of section 
206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1716(b)), shall not apply to the land exchange authorized by this 
section.
Amends Federal law to reestablish and add acreage to the Bull Run Watershed Management Unit in Oregon. 
Directs the Secretary of Agriculture or the Interior, as applicable, to prohibit the cutting of trees on Federal land in the entire unit. 
Repeals a provision of the:  (1) Oregon Resource Conservation Act of 1996 which requires certain Unit lands that are not contained in the Bull Run River Drainage to be managed in accordance with the law establishing the Unit; and (2) Omnibus Parks and Public Lands Management Act of 1996 regarding the Unit. 
Requires the Secretary of Agriculture:  (1) upon application by the city of Portland, Oregon, to enter into negotiations with the city for the transfer of National Forest System land underlying the city's Bull Run water supply facilities to the city in exchange for city- owned land lying within the boundaries of any unit of the National Forest System in Oregon or Washington; and (2) to expedite the negotiations and complete such land exchange not later than September 30, 2001.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Montana Mineral Conveyance 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 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 Reservation;
            (2) development of the coal tracts and other existing and 
        proposed major developments of Federal, State, and private 
        energy resources in areas surrounding the Northern Cheyenne 
        Indian Reservation yield substantial public revenues to the 
        State (including political subdivisions of the State), thereby 
        assisting the State (including political subdivisions of the 
        State) in addressing the impacts of the development;
            (3) although the Northern Cheyenne tribal community 
        chronically suffers harsh economic conditions and severe 
        deficits in public services and facilities, the community does 
        not share in any significant portion of the public revenues 
        generated by surrounding energy development;
            (4) the Northern Cheyenne Tribe has few, if any, sources of 
        revenue available to address development impacts;
            (5) in 2002, the Tribe brought suit against the Secretary, 
        asserting that the proposed conveyances 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 regulations); 
                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 Properties, 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 Reservation 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 date of enactment of 
        this Act, are owned by Great Northern Properties; and
            (8) if the conveyances of mineral rights are carried 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 entitled 
                ``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, E\1/2\ and 
                        E\1/2\W\1/2\, Lots 1-4;
                            (iii) T. 3 S., R. 44 E., sec. 5, S\1/2\ and 
                        S\1/2\N\1/2\, Lots 1-4;
                            (iv) T. 3 S., R. 44 E., sec. 7, E \1/2\ and 
                        E\1/2\W\1/2\, Lots 1-4;
                            (v) T. 3 S., R. 44 E., sec. 9, N\1/2\, 
                        SW\1/4\, and W\1/2\SE\1/4\, Lots 2-4;
                            (vi) T. 3 S., R. 44 E., sec. 17;
                            (vii) T. 3 S., R. 44 E., sec. 19, E\1/2\ 
                        and E\1/2\W\1/2\, Lots 1-4; and
                            (viii) T. 3 S., R. 44 E., sec. 21, N\1/2\, 
                        SW\1/4\, and SW\1/4\ SE\1/4\, 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 entitled 
                ``Federal Coal Land Conveyance'' and dated March 18, 
                2011; and
                    (E) are comprised of land located in--
                            (i) T. 3 S., R. 44 E., sec. 26, S\1/2\;
                            (ii) T. 3 S., R. 44 E., sec. 34;
                            (iii) T. 3 S., R. 45 E., sec. 30, E\1/
                        2\SW\1/4\ and SE\1/4\, Lots 1-4;
                            (iv) T. 4 S., R. 44 E., sec. 2, S\1/2\N\1/
                        2\ and S\1/2\, Lots 1-4;
                            (v) T. 6 N., R. 27 E., sec. 4, S\1/2\N\1/2\ 
                        and S\1/2\, Lots 1-4;
                            (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 partnership; 
                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 Federal 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 mineral 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 underlying the Federal tracts.
    (b) Immunities.--The mineral interests underlying the Cheyenne 
tracts conveyed to the Tribe under subsection (a) shall not be subject 
to taxation by the State (including any political subdivision of the 
State).

SEC. 5. TERMS AND CONDITIONS OF MINERAL CONVEYANCES.

    (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 Reservation the private mineral interests underlying the 
Cheyenne tracts.
    (b) Condition.--As a condition of the mineral conveyances by the 
Secretary under section 4(a), the Tribe and Great Northern Properties 
shall jointly notify the Secretary in writing that the Tribe and Great 
Northern Properties 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.--Notwithstanding any other 
Federal law (including regulations) that otherwise applies to the 
conveyance of any Federal 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 conveyances 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 Federal district court is not vacated 
        or reversed on appeal, the Secretary or Great Northern 
        Properties may rescind completely each mineral conveyance under 
        section 4(a).
            (2) Effect.--If the Secretary or Great Northern Properties 
        carries out a rescission under paragraph (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 member is entitled or eligible because of--
            (1) the status of the Tribe as a federally recognized 
        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.

Montana Mineral Conveyance Act - Requires the Secretary of the Interior, if Great Northern Properties Limited Partnership (the Great Northern Properties) conveys to the Northern Cheyenne Indian Tribe all its mineral interests underlying specified aggregate tracts of land in Montana within the Tribe's reservation (the Cheyenne tracts), to convey to Great Northern Properties all interest of the United States in and to the coal underlying specified unleased federal tracts in Montana outside of the Tribe's reservation.

Requires the Northern Cheyenne Tribe to waive each legal claim relating to the failure of the United States to acquire in trust for the Tribe the private mineral interests underlying the Cheyenne tracts as part of the Tribe's reservation.

Instructs the Northern Cheyenne Tribe and Great Northern Properties to jointly notify the Secretary in writing when they have agreed on a formula for the sharing of revenue from the coal produced from the federal tracts.