Sec. 3077. LAND TAKEN INTO TRUST FOR BENEFIT OF THE NORTHERN CHEYENNE TRIBE
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## SEC. 3077 LAND TAKEN INTO TRUST FOR BENEFIT OF THE NORTHERN CHEYENNE TRIBE ###
(a)Definitions In this section: ####
(1)Fund 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. ####
(2)Great northern properties The term “Great Northern Properties” means the Great Northern Properties Limited Partnership, which is a Delaware limited partnership. ####
(3)Permanent fund 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. ####
(4)Reservation The term “Reservation” means the Northern Cheyenne Reservation. ####
(5)Secretary The term “Secretary” means the Secretary of the Interior. ####
(6)State The term “State” means the State of Montana. ####
(7)Tribe The term “Tribe” means the Northern Cheyenne Tribe. ###
(b)Tribal Fee Land to Be Taken Into Trust ####
(1)In general 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— #####
(A)the map entitled “Northern Cheyenne Lands Act - Fee-to-Trust Lands” and dated April 22, 2014; and #####
(B)the map entitled “Northern Cheyenne Lands Act - Fee-to-Trust Lands - Lame Deer Townsite” and dated April 22, 2014. ####
(2)Limitation 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. ###
(c)Mineral Rights to Be Taken Into Trust ####
(1)Completion of mineral conveyances #####
(A)In general Not later than 60 days after the date on which the Secretary receives the notification described in paragraph (3), in a single transaction— ######
(i)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 ######
(ii)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. #####
(B)Requirement The Secretary shall ensure that the deed for the conveyance authorized by subparagraph (A)(ii) shall include a covenant running with the land that— ######
(i)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; ######
(ii)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 ######
(iii)shall not affect, abridge, or amend any valid existing rights of any surface owner of a specific tract or any adjacent tracts. ####
(2)Treatment of land transferred to tribe #####
(A)In general 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). #####
(B)No state taxation 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). ####
(3)Revenue sharing agreement The Tribe shall notify the Secretary, in writing, that— #####
(A)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; #####
(B)the revenue sharing agreement remains in effect as of the date of enactment of this Act; and #####
(C)Great Northern Properties has offered to convey the mineral interests described in paragraph (1)(A)(i) to the Tribe. ####
(4)Waiver of legal claims As a condition of the conveyances of mineral interests under paragraph (1)(A)— #####
(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 #####
(B)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). ####
(5)Rescission of mineral conveyances If any portion of the mineral interests conveyed under paragraph (1)(A) is invalidated by final judgment of a court of the United States— #####
(A)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 #####
(B)if the conveyances are rescinded under subparagraph (A), the waivers under paragraph
(4)shall no longer apply. ###
(d)Transfer of Northern Cheyenne Trust Fund to Tribe ####
(1)In general 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. ####
(2)Use of amounts Of the amounts transferred to the Permanent Fund under paragraph (1)— #####
(A)the portion that is attributable to the principal of the Fund shall be maintained in perpetuity; and #####
(B)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. ####
(3)Waiver of legal claims 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. ###
(e)Land Consolidation and Fractionation Reporting ####
(1)Inventory #####
(A)In general 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— ######
(i)the Tribe; or ######
(ii)individual Indians on the Reservation. #####
(B)Agricultural purposes The inventory prepared by the Secretary under this paragraph shall include details currently available about fractionated land on the Reservation suitable for agricultural purposes. #####
(C)Submission 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. ####
(2)Report #####
(A)In general The Secretary, in consultation with the Tribe, shall prepare periodic reports regarding obstacles to consolidating trust land ownership on the Reservation. #####
(B)Contents The reports under this paragraph shall include— ######
(i)a description of existing obstacles to consolidating trust land ownership, including the extent of fractionation; ######
(ii)a description of progress achieved by the Tribe toward reducing fractionation and increasing trust land ownership; ######
(iii)an analysis of progress achieved by the Tribe toward making agricultural use economical on trust land; and ######
(iv)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.). #####
(C)Submission 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. ###
(f)Eligibility for Other Federal Benefits 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— ####
(1)the status of the Tribe as a federally recognized Indian tribe; or ####
(2)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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