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Code · BILL · 118th Congress · S. 1088 (Reported in Senate) — To authorize the relinquishment and in lieu selection of land and minerals in the State of North Dakota, to restore l... · Sec. 4

Sec. 4. Relinquishment and selection; conveyance

1,080 words·~5 min read·/bill/118/s/1088/rs/section-4

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

Subject to valid existing rights, if the State elects to relinquish all right, title, and interest of the State in and to a State land grant parcel located wholly or partially within the boundaries of any reservation, the Secretary shall authorize the State to select in accordance with this Act 1 or more parcels of unappropriated Federal land of substantially equivalent value within the State of North Dakota. Not later than 90 days after the date on which the State makes a selection under paragraph (1), the Secretary shall approve or reject, in whole or in part, the selection.
Not later than 60 days after the date on which the Secretary approves a State selection of unappropriated Federal land under subsection (a)(2), the Secretary shall initiate the actions necessary to convey to the State the unappropriated Federal land. Conveyance of Federal land by the Secretary under this Act— shall be by clear list, patent, or deed acceptable to the State; and shall not be considered a sale, exchange, or conveyance under section 203, 205, 206, or 209 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1713 , 1715, 1716, 1719).
As consideration for the conveyance of Federal land under paragraph (1), on the date on which the Federal land is conveyed to the State, the State shall concurrently relinquish and convey to the Secretary all right, title, and interest of the State in and to the State land grant parcel identified for relinquishment under subsection (a)(1). The State shall convey to the Secretary title, free of any financial claims, liabilities, or other financial encumbrances, to all parcels relinquished under subparagraph (A).
Relinquishment and conveyance by the State of a State land grant parcel under this Act shall not be considered an exchange or acquisition for purposes of section 205 or 206 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1715 , 1716). Each party to which land is conveyed under this Act shall, to the fullest extent allowable under Federal and State law, succeed to the rights and obligations of the conveying party with respect to any lease, right-of-way, permit, or other valid existing right to which the land is subject.
If a State land grant parcel relinquished by the State and conveyed to the Secretary under this Act is located wholly or partially within the boundaries of any reservation, on request of the applicable Indian Tribe, the portion of the State land grant parcel located within the boundaries of the reservation shall be— taken into trust by the Secretary on behalf of, and for the benefit of, the Indian Tribe on the date of the conveyance; and considered to be a part of the reservation of the Indian Tribe.
Prior to the conveyance of a State land grant parcel located wholly or partially within the boundaries of any reservation, the State and the Secretary shall consult with the Indian Tribe the land of which is subject to conveyance in accordance with Executive Order 13175 ( 25 U.S.C. 5301 note; relating to consultation and coordination with Indian tribal governments). In this subsection, the term unappropriated Federal land subject to a lease or permit means unappropriated Federal land subject to a mineral lease or permit that is— issued under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ); and in a producing or producible status during the 10-year period following the date of enactment of this Act.
The State may select, and the Secretary may convey, unappropriated Federal land that is mineral in character under subsection
(b)on the condition that, except as provided in paragraph (3)(A), if the selected land is unappropriated Federal land subject to a lease or permit— the Secretary shall reserve an overriding interest in the portion of the mineral estate that is comprised of minerals subject to leasing under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ); and such a selection shall not include any portion of the mineral lease or permit. If the State selects unappropriated Federal land subject to a lease or permit under paragraph (2), on the option of the State— the Secretary may convey with the surface interest in the land the interest in the mineral estate that is comprised of minerals subject to leasing under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ); and all Federal mining claims over the land shall be converted to State leases in accordance with this paragraph. To facilitate the conversion of Federal mining claims to State leases under subparagraph (A), a Federal mining claimant may file with the Secretary a voluntary relinquishment of the Federal mining claim conditioned on— conveyance of the land to the State; and the conversion of the Federal mining claim to a State lease. Until the date on which the land is conveyed to the State under subparagraph (A), a Federal mining claimant shall be subject to any obligations relating to the land under Federal law. If the land previously encumbered by the relinquished Federal mining claim is not conveyed to the State under subparagraph (A), the relinquishment of land under subparagraph
(B)shall have no effect. On conveyance to the State of land encumbered by a relinquished Federal mining claim under this paragraph, the State shall assume authority over any leases, licenses, permits, rights-of-way, operating plans, other land use authorizations, or reclamation obligations applicable to the relinquished Federal mining claim on the date of conveyance. If a Federal mining claimant does not voluntarily relinquish under subparagraph
(B)a Federal mining claim on land conveyed to the State, the Secretary shall take into account the encumbrance represented by the claim in determining the value of the land under section 5(b). Subject to valid rights in existence on the date of enactment of this Act, all Federal land selected by the State for conveyance under this Act, effective beginning on the date on which the State makes the selection and ending on the date described in paragraph (2), is withdrawn from all forms of— entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. The date referred to in paragraph
(1)is the date on which, as applicable— the Federal land is conveyed by the Secretary to the State; the Secretary rejects the selection under subsection (a)(2); or the State withdraws the selection.
Connectionstraces to 5
Citation graph
cites case law
Sec. 4
Relinquishment and selection; conveyance
U.S.C.§ 1713
U.S.C.§ 1715
Fed. Reg.Notices
U.S.C.§ 5301
U.S.C.§ 181
Cites 5Cited by 0 across 0 sources
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