H.R. 4350 — Introduced in House

I 113th CONGRESS 2d Session H. R. 4350 IN THE HOUSE OF REPRESENTATIVES April 1, 2014 Mr. Daines introduced the following bill; which was referred to the Committee on Natural Resources A BILL To direct the Secretary of the Interior to take lands and mineral rights on the reservation of the Northern Cheyenne Tribe of Montana and other culturally important lands into trust, and for other purposes. 1. Short title This Act may be cited as the Northern Cheyenne Lands Act. 2. Findings Congress finds the following: (1) The Northern Cheyenne Tribe has depended on its lands and land-based resources to support its way of life since time immemorial. (2) The Tribe has made supreme and historic sacrifices to repossess and maintain its homeland, including its Reservation in Montana. (3) The Tribe currently suffers from tremendous social and economic challenges, including a lack of employment opportunities on the Reservation, which can be improved by strengthening its control over its land base, natural resources, and trust funds. (4) The Tribe and its members are currently the beneficial owners of over 95 percent of the surface lands on the Northern Cheyenne Reservation and all but approximately 5,000 subsurface acres of the Reservation. (5) The Tribe seeks to obtain ownership of approximately 5,000 subsurface acres on its Reservation it does not own because of an error by the United States to secure that subsurface when the Reservation was expanded in 1900. (6) In 2002, the Tribe agreed by settlement to dismiss its lawsuit against the United States, which alleged that the United States failed to protect the Reservation from the impacts of coal development, in return for assistance in securing tribal ownership of those subsurface rights substantially in the form of this Act, and to secure mitigation funding to address the impacts of coal development in areas adjacent to the Reservation, among other conditions. (7) To increase tribal ownership of the surface lands, the Tribe has purchased approximately 932 acres of land within its Reservation that were taken out of trust ownership status for various reasons. (8) The Tribe has purchased approximately 635 acres of land near Bear Butte, South Dakota, which the Tribe considers sacred ground for its members, as well as for members of other tribes. (9) The Tribe now seeks to have the aforementioned lands and subsurface within the Reservation and Bear Butte lands taken into trust on its behalf by the United States. (10) If the actions authorized by this Act are completed, the Tribe will waive all legal claims against the United States arising out of the longstanding loss of the subsurface rights and arising out of the United States management of the Northern Cheyenne Trust Fund. 3. Definitions In this Act: (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 of Montana, and delegates of the Secretary of the Interior, 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 Northern Cheyenne 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. 4. Tribal fee lands to be taken into trust Not later than 60 days after the date of the enactment of this Act, the Secretary shall take the approximately 1,568 acres of land depicted on the map entitled Northern Cheyenne Land Act—Fee-to-Trust Lands and dated March 26, 2014, and on the map entitled Northern Cheyenne Land Act—Fee-to-Trust Lands—Lame Deer Townsite, and dated March 26, 2014, into trust for the benefit of the Northern Cheyenne Tribe. 5. Mineral rights to be taken into trust (a) Completion of mineral conveyances Not later than 60 days after the date on which the Secretary receives the notification described in subsection (d), in a single transaction— (1) 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; (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; and (3) the Secretary shall ensure that the deed for the conveyance authorized by paragraph (2) shall include a covenant, running with the land— (A) 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 (B) 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))). (b) Trust status 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. (c) Immunities 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). (d) Revenue sharing agreement 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. (e) Waiver of legal claims In return for the conveyances of mineral interests under subsection (a)— (1) 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 (2) Great Northern Properties shall waive any claim against the United States relating to the value or completion of the conveyances under subsection (a). (f) Rescission of mineral conveyances 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— (1) 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 (2) 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. 6. Transfer of Northern Cheyenne Trust Fund to Tribe (a) Transfer of fund Not later than 30 days after the date of the enactment of this Act, the Fund shall be transferred to the Tribe and deposited into the Tribe’s Permanent Fund. (b) Permitted uses of fund The principal of the Fund, upon deposit in the Permanent Fund, shall be maintained in perpetuity, and the earnings of the Permanent Fund shall be used as provided in the Northern Cheyenne Tribe Permanent Fund Plan. (c) Waiver of legal claims In return for transfer of the Fund under subsection (a), the Tribe shall waive any and all claims arising from the United States management of the Fund. 7. Eligibility for other Federal benefits No sums or other benefits provided to the Tribe under this Act shall result in the reduction or denial of any Federal services, benefits, or programs 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.