Sec. 3077. Land taken into trust for benefit of the Northern Cheyenne Tribe
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In this section: The term Fund means the Northern Cheyenne Trust Fund identified in the June 7, 1999 Agreement Settling Certain Issues Relating to the Tongue River Dam Project, which was entered into by the Tribe, the State, and delegates of the Secretary, and managed by the Office of Special Trustee in the Department of the Interior. The term Great Northern Properties means the Great Northern Properties Limited Partnership, which is a Delaware limited partnership. The term Permanent Fund means the Northern Cheyenne Tribe Permanent Fund managed by the Tribe pursuant to the Plan for Investment, Management and Use of the Fund, as amended by vote of the tribal membership on November 2, 2010.
The term Reservation means the Northern Cheyenne Reservation. The term Secretary means the Secretary of the Interior. The term State means the State of Montana. The term Tribe means the Northern Cheyenne Tribe. Subject to paragraph (2), not later than 60 days after the date of enactment of this Act, the Secretary shall take into trust for the benefit of the Tribe the approximately 932 acres of land depicted on— the map entitled Northern Cheyenne Lands Act – Fee-to-Trust Lands and dated April 22, 2014; and the map entitled Northern Cheyenne Lands Act – Fee-to-Trust Lands – Lame Deer Townsite and dated April 22, 2014.
Any land located in the State of South Dakota that is included on the maps referred to in subparagraphs
(A)and
(B)of paragraph
(1)shall not be taken into trust pursuant to that paragraph. Not later than 60 days after the date on which the Secretary receives the notification described in paragraph (3), in a single transaction— Great Northern Properties shall convey to the Tribe all right, title, and interest of Great Northern Properties, consisting of coal and iron ore mineral interests, underlying the land on the Reservation generally depicted as Great Northern Properties on the map entitled Northern Cheyenne Land Act – Coal Tracts and dated April 22, 2014; and subject to subparagraph (B), the Secretary shall convey to Great Northern Properties all right, title, and interest of the United States in and to the coal mineral interests underlying the land generally depicted as Bull Mountains and East Fork on the map entitled Northern Cheyenne Federal Tracts and dated April 22, 2014. The Secretary shall ensure that the deed for the conveyance authorized by subparagraph (A)(ii) shall include a covenant running with the land that— precludes the coal conveyed from being mined by any method other than underground mining techniques until any surface owner (as defined in section 714(e) of Public Law 95–87 ( 30 U.S.C. 1304(e) )) for a specific tract has provided to Great Northern Properties written consent to enter the specific tract and commence surface mining; shall not create any property interest in the United States or any surface owner (as defined in section 714(e) of Public Law 95–87 ( 30 U.S.C. 1304(e) )); and shall not affect, abridge, or amend any valid existing rights of any surface owner of a specific tract or any adjacent tracts. At the request of the Tribe, the Secretary shall take into trust for the benefit of the Tribe the mineral interests conveyed to the Tribe under paragraph (1)(A)(i). The mineral interests conveyed to the Tribe under paragraph (1)(A)(i) shall not be subject to taxation by the State (including any political subdivision of the State). The Tribe shall notify the Secretary, in writing, that— consistent with a settlement agreement entered into between the Tribe and the State in 2002, the Tribe and Great Northern Properties have agreed on a formula for sharing revenue from development of the mineral interests described in paragraph (1)(A)(ii) if those mineral interests are developed; the revenue sharing agreement remains in effect as of the date of enactment of this Act; and Great Northern Properties has offered to convey the mineral interests described in paragraph (1)(A)(i) to the Tribe. As a condition of the conveyances of mineral interests under paragraph (1)(A)— the Tribe shall waive any and all claims relating to the failure of the United States to acquire and take into trust on behalf of the Tribe the mineral interests described in paragraph (1)(A)(i), as directed by Congress in 1900; and Great Northern Properties shall waive any and all claims against the United States relating to the value of the coal mineral interests described in paragraph (1)(A)(ii). If any portion of the mineral interests conveyed under paragraph (1)(A) is invalidated by final judgment of a court of the United States— not later than 1 year after the date on which the final judgment is rendered, the Secretary or Great Northern Properties may agree to rescind the conveyances under paragraph (1)(A); and if the conveyances are rescinded under subparagraph (A), the waivers under paragraph
(4)shall no longer apply. Not later than 30 days after the date of enactment of this Act, all amounts in the Fund shall be deposited in the Permanent Fund. Of the amounts transferred to the Permanent Fund under paragraph (1)— the portion that is attributable to the principal of the Fund shall be maintained in perpetuity; and any interest earned on the amounts described in subparagraph
(A)shall be used in the same manner as interest earned on amounts in the Permanent Fund may be used. As a condition of the transfer under paragraph (1), the Tribe shall waive any and all claims arising from the management of the Fund by the United States. The Secretary, in consultation with the Tribe, shall prepare an inventory of fractionated land interests held by the United States in trust for the benefit of— the Tribe; or individual Indians on the Reservation. The inventory prepared by the Secretary under this paragraph shall include details currently available about fractionated land on the Reservation suitable for agricultural purposes. The Secretary shall submit the inventory prepared under this paragraph to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives by not later than 180 days after the date of enactment of this Act. The Secretary, in consultation with the Tribe, shall prepare periodic reports regarding obstacles to consolidating trust land ownership on the Reservation. The reports under this paragraph shall include— a description of existing obstacles to consolidating trust land ownership, including the extent of fractionation; a description of progress achieved by the Tribe toward reducing fractionation and increasing trust land ownership; an analysis of progress achieved by the Tribe toward making agricultural use economical on trust land; and any applicable outcomes and lessons learned from land consolidation activities undertaken pursuant to the Indian Land Consolidation Act ( 25 U.S.C. 2201 et seq. ). The Secretary shall submit the reports under this paragraph to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives not less frequently than once each calendar year for the 5-year period beginning on the date of enactment of this Act. The transfer under subsection
(d)shall not result in the reduction or denial of any Federal service, benefit, or program to the Tribe or to any member of the Tribe to which the Tribe or member is entitled or eligible because of— the status of the Tribe as a federally recognized Indian tribe; or the status of the member as a member of the Tribe.
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- Pub. L. 95-87
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Sec. 3077
Land taken into trust for benefit of the Northern Cheyenne Tribe
Pub. L.Pub. L. 95-87
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