Sec. 5. Mineral rights to be taken into trust
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Not later than 60 days after the date on which the Secretary receives the notification described in subsection (d), 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 Northern Cheyenne Reservation generally depicted as Great Northern Properties on the map entitled Northern Cheyenne Land Act—Coal Tracts and dated February 27, 2014; 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 Land Act—Coal Tracts and dated February 27, 2014; and the Secretary shall ensure that the deed for the conveyance authorized by paragraph
(2)shall include a covenant, running with the land— that precludes the coal conveyed from being mined by methods other than underground mining techniques until any surface owner (as defined in section 714 of Public Law 95–87 ( 30 U.S.C. 1304(e) )) for any specific tract has given written consent to Great Northern Properties to enter such specific tract and commence surface mining; and shall not create any property interest in the United States or any surface owner (as defined in section 714 of Public Law 95–87 ( 30 U.S.C. 1304(e) )). Upon tribal request, the coal and iron ore mineral interests conveyed to the Tribe under this section shall be held in trust by the United States for the benefit of the Tribe. The right, title, and interests conveyed to the Tribe under subsection (a)(1) shall not be subject to taxation by the State of Montana (including any political subdivision of the State of Montana). Consistent with the Settlement Agreement entered into effective February 19, 2002, by the Montana State Board of Land Commissioners and the Tribe, the Tribe and Great Northern Properties have agreed on a formula for sharing revenue from development of the Northern Cheyenne Federal Tracts in the event that the Northern Cheyenne Federal Tracts are developed at a later date. The Tribe shall notify the Secretary in writing that the revenue sharing agreement remains in effect. In return for the conveyances of mineral interests under subsection (a)— the Tribe shall waive any and all claims arising from the continuing failure of the United States to acquire the private coal and iron ore mineral interests identified in subsection (a)(1) in trust for the Tribe as part of the Reservation as directed by Congress in 1900; and Great Northern Properties shall waive any claim against the United States relating to the value or completion of the conveyances under subsection (a). If any portion of the mineral conveyances under subsection
(a)is invalidated by a court of competent jurisdiction and the judgment of that court is not vacated or reversed on appeal— not later than 1 year after the date on which there is a final judgment, the Secretary or Great Northern Properties may rescind completely each mineral conveyance under subsection (a); and if the Secretary or Great Northern Properties carries out a rescission under paragraph (1), the waiver of the Tribe under this section shall be considered to be rescinded.
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- Pub. L. 95-87
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