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 (c), 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 February 27, 2014; and subject to paragraph (2), 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 February 27, 2014.
The Secretary shall ensure that the deed for the conveyance authorized by paragraph (1)(B) 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; and except as determined to be acceptable for further consideration for leasing in the document of the Bureau of Land Management entitled Billings Resource Area Final EIS and Resource Management Plan and dated September 1984; and 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) )).
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 subsection (a)(1)(A). The mineral interests conveyed to the Tribe under subsection (a)(1)(A) 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 subsection (a)(1)(B) 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 subsection (a)(1)(A) to the Tribe.
As a condition of the conveyances of mineral interests under subsection (a)(1)— 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 subsection (a)(1)(A), 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 subsection (a)(1)(B).
If any portion of the mineral interests conveyed under subsection (a)(1) 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 subsection (a)(1); and if the conveyances are rescinded under paragraph (1), the waivers under subsection
(d)shall no longer apply.
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- Pub. L. 95-87
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