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Code · BILL · 118th Congress · S. 1088 (Engrossed in Senate) — To authorize the relinquishment and in lieu selection of land and minerals in the State of North Dakota, to restore l... · Sec. 5

Sec. 5. Miscellaneous

400 words·~2 min read·/bill/118/s/1088/es/section-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Land or minerals conveyed under this Act shall be subject to all applicable Federal, State, and Tribal law. Nothing in this Act modifies, limits, expands, or otherwise affects any treaty-reserved right or other right of any Indian Tribe recognized by any other means, including treaties or agreements with the United States, Executive orders, statutes, regulations, or case law. Nothing in this Act affects— land or minerals held in trust by the United States as of the date of enactment of this Act on behalf of, and for the benefit of, any Indian Tribe; or any individual Indian allotment.
The Secretary and the State shall make available for review and inspection any record relating to hazardous materials on land to be conveyed under this Act. Prior to completing a conveyance of unappropriated Federal land under this Act, the Secretary shall complete an inspection and a hazardous materials certification of the land to be conveyed. Prior to completing a conveyance of a State land grant parcel under this Act, the State shall complete an inspection and a hazardous materials certification of the land to be conveyed.
If land conveyed under this Act is subject to a lease, permit, or contract for the grazing of domestic livestock in effect on the date of the conveyance, the Secretary or the State, as applicable, shall allow the grazing to continue for the remainder of the term of the lease, permit, or contract, subject to the related terms and conditions of the user agreements, including permitted stocking rates, grazing fee levels, access, and ownership and use of range improvements. Nothing in this Act prevents the Secretary or the State from canceling or modifying a grazing permit, lease, or contract if the land subject to the permit, lease, or contract is sold, conveyed, transferred, or leased for nongrazing purposes.
If land conveyed by the State under this Act is used by a grazing permittee or lessee to meet the base property requirements for a Federal grazing permit or lease, the land shall continue to qualify as a base property for the remaining term of the lease or permit and the term of any renewal or extension of the lease or permit. Nothing in this Act prohibits a holder of a grazing lease, permit, or contract from being compensated for range improvements pursuant to the terms of the lease, permit, or contract under existing Federal or State laws.
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