,,ii  #aacth ,,congress  #b;d ,session  
,s4 #bbef  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,april #aa1    
#bjad,mr4 ,walsh 7for himself and ,mr4  
,tester7 introduced the following bill2 
which was read twice and referred to the
 ,committee on ,energy and ,natural     
,resources  ,a ,,bill  ,to direct the   
,secretary of the ,interior to take     
certain land and mineral rights on the  
reservation of the ,northern ,cheyenne  
,tribe of ,montana and other culturally 
important land into trust for the       
benefit of the ,northern ,cheyenne      
,tribe1 and for other purposes4  #a4    
,short title ,this ,act may be cited as 
the ,northern ,cheyenne ,lands ,act4    
#b4 ,findings ,congress finds that--    
7#a7 the ,northern ,cheyenne ,tribe has 
depended on the land of the ,tribe and  
the land-based resources of the ,tribe  
to support its way of life since time   
immemorial2  7#b7 the ,tribe has made   
supreme and historic sacrifices to      
repossess and maintain the homeland of  

the ,tribe1 including the ,reservation  
of the ,tribe in the ,state of ,montana2
  7#c7 the ,tribe suffers from          
tremendous social and economic          
challenges1 including a lack of         
employment opportunities on the         
,reservation1 which can be improved by  
strengthening the control of the ,tribe 
over the land base1 natural resources1  
and trust funds of the ,tribe2  7#d7 the
 ,tribe and the members of the ,tribe   
are the beneficial owners of more than  
#ie percent of the surface land of the  
,reservation and all but approximately  
#e1jjj subsurface acres of the          
,reservation2  7#e7 the ,tribe seeks to 
obtain ownership of approximately #e1jjj
 subsurface acres on the ,reservation   
that the ,tribe does not own as a result
 of an error made by the ,united ,states
 when the ,reservation was expanded in  
#aijj2  7#f7 in #bjjb1 the ,tribe agreed
 by settlement to dismiss a 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 the subsurface rights      
described in paragraph 7#e7             
substantially in the form of this ,act1 
and to secure mitigation funding to     
address the impacts of coal development 
in areas adjacent to the ,reservation1  
among other conditions2  7#g7 to        
increase tribal ownership of the surface
 land1 the ,tribe has purchased         
approximately #icb acres of land within 
the ,reservation that were1 for various 
reasons1 taken out of trust ownership   
status2  7#h7 the ,tribe has purchased  
approximately #fce acres of land near   
,bear ,butte1 ,south ,dakota1 which the 
,tribe considers sacred ground for the  
members of the ,tribe1 as well as for   
members of other ,indian tribes2  7#i7  
the ,tribe seeks to have the land and   
subsurface within the ,reservation and  
the ,bear ,butte land described in this 
section taken into trust by the ,united 

,states for the benefit of the ,tribe2  
7#aj7 the ,tribe seeks clarification1   
consistent with the #aiii settlement    
with the ,united ,states1 that the      
principal of the funds arising from the 
,northern ,cheyenne ,indian ,reserved   
,water ,rights ,settlement ,act of #aiib
 7,public ,law #ajb-cgd2 #ajf ,stat4    
#aahf2 #ajh ,stat4 #gjg71 the earnings  
from which are paid to the ,tribe and   
managed as the ,northern ,cheyenne      
,trust ,fund by the ,office of ,special 
,trustee1 may be transferred to the     
,northern ,cheyenne ,tribe ,permanent   
,fund1 which has historically provided  
strong returns to the ,tribe in direct  
support of tribal self-determination and
 to offset limited ,federal funding of  
important tribal governmental services2 
and  7#aa7 if the conveyances of land   
and funds authorized under this ,act are
 carried out1 the ,tribe has agreed to  
waive all legal claims against the      
,united ,states arising out of the      
longstanding loss of the subsurface     

rights and the management of the        
,northern ,cheyenne ,trust ,fund by the 
,united ,states4  #c4 ,definitions ,in  
this ,act3 7#a7 ,fund ,the term ,fund   
means the ,northern ,cheyenne ,trust    
,fund identified in the ,june #g1 #aiii 
,agreement ,settling ,certain ,issues   
,relating to the ,tongue ,river ,dam    
,project1 which was entered into by the 
,tribe1 the ,state1 and delegates of the
 ,secretary1 and managed by the ,office 
of ,special ,trustee in the ,department 
of the ,interior4  7#b7 ,great ,northern
 ,properties ,the term ,great ,northern 
,properties means the ,great ,northern  
,properties ,limited ,partnership1 which
 is a ,delaware limited partnership4    
7#c7 ,permanent ,fund ,the term         
,permanent ,fund means the ,northern    
,cheyenne ,tribe ,permanent ,fund       
managed by the ,tribe pursuant to the   
,plan for ,investment1 ,management and  
,use of the ,fund1 as amended by vote of
 the tribal membership on ,november #b1 
#bjaj4  7#d7 ,reservation ,the term     

,reservation means the ,northern        
,cheyenne ,reservation4  7#e7 ,secretary
 ,the term ,secretary means the         
,secretary of the ,interior4  7#f7      
,state ,the term ,state means the ,state
 of ,montana4  7#g7 ,tribe ,the term    
,tribe means the ,northern ,cheyenne    
,tribe4  #d4 ,tribal fee land to be     
taken into trust ,not later than #fj    
days after the date of enactment of this
 ,act1 the ,secretary shall take the    
approximately #a1efg acres of land      
depicted on the map entitled ,northern  
,cheyenne ,lands ,act - ,fee-to-,trust  
,lands and dated ,march #bf1 #bjad1 into
 trust for the benefit of the ,tribe4   
#e4 ,mineral rights to be taken into    
trust  7a7 ,completion of mineral       
conveyances  7#a7 ,in general ,not later
 than #fj days after the date on which  
the ,secretary receives the notification
 described in subsection 7c71 in a      
single transaction-- 7,a7 ,great        
,northern ,properties shall convey to   
the ,tribe all right1 title1 and        

interest of ,great ,northern            
,properties1 consisting of coal and iron
 ore mineral interests1 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 #bg1 #bjad2 and  7,b7 subject 
to paragraph 7#b71 the ,secretary shall 
convey to ,great ,northern ,properties  
all right1 title1 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 #bg1 #bjad4  7#b7      
,requirement ,the ,secretary shall      
ensure that the deed for the conveyance 
authorized by paragraph 7#a77;,b7 shall 
include a covenant running with the land
 that-- 7,a7 precludes the coal conveyed
 from being mined by any method other   
than underground mining techniques-- 7i7
 until any surface owner 7as defined in 

section #gad7;e7 of ,public ,law #ie-hg 
7#cj ,u4,s4,c4 #acjd7;e777 for a        
specific tract has provided to ,great   
,northern ,properties written consent to
 enter the specific tract and commence  
surface mining2 and  7ii7 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  
#aihd2 and  7,b7 shall not create any   
property interest in the ,united ,states
 or any surface owner 7as defined in    
section #gad7;e7 of ,public ,law #ie-hg 
7#cj ,u4,s4,c4 #acjd7;e7774  7b7        
,treatment of land transferred to ,tribe
  7#a7 ,in general ,at the request of   
the ,tribe1 the ,secretary shall take   
into trust for the benefit of the ,tribe
 the mineral interests conveyed to the  
,tribe under subsection 7a77#a77;,a74   
7#b7 ,no ,state taxation ,the mineral   
interests conveyed to the ,tribe under  

subsection 7a77#a77;,a7 shall not be    
subject to taxation by the ,state       
7including any political subdivision of 
the ,state74  7c7 ,revenue sharing      
agreement ,the ,tribe shall notify the  
,secretary1 in writing1 that-- 7#a7     
consistent with a settlement agreement  
entered into between the ,tribe and the 
,state in #bjjb1 the ,tribe and ,great  
,northern ,properties have agreed on a  
formula for sharing revenue from        
development of the mineral interests    
described in subsection 7a77#a77;,b7 if 
those mineral interests are developed2  
7#b7 the revenue sharing agreement      
remains in effect as of the date of     
enactment of this ,act2 and  7#c7 ,great
 ,northern ,properties has offered to   
convey the mineral interests described  
in subsection 7a77#a77;,a7 to the       
,tribe4  7d7 ,waiver of legal claims ,as
 a condition of the conveyances of      
mineral interests under subsection      
7a77#a7-- 7#a7 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 7a77#a77;,a71 as
 directed by ,congress in #aijj2 and    
7#b7 ,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 7a77#a77;,b74  7e7          
,rescission of mineral conveyances ,if  
any portion of the mineral interests    
conveyed under subsection 7a77#a7 is    
invalidated by final judgment of a court
 of the ,united ,states-- 7#a7 not later
 than #a year after the date on which   
the final judgment is rendered1 the     
,secretary or ,great ,northern          
,properties may agree to rescind the    
conveyances under subsection 7a77#a72   
and  7#b7 if the conveyances are        
rescinded under paragraph 7#a71 the     
waivers under subsection 7d7 shall no   
longer apply4  #f4 ,transfer of         
,northern ,cheyenne ,trust ,fund to     

,tribe  7a7 ,in general ,not later than 
#cj days after the date of enactment of 
this ,act1 all amounts in the ,fund     
shall be deposited in the ,permanent    
,fund4  7b7 ,use of amounts ,of the     
amounts transferred to the ,permanent   
,fund under subsection 7a7-- 7#a7 the   
portion that is attributable to the     
principal of the ,fund shall be         
maintained in perpetuity2 and  7#b7 any 
interest earned on the amounts described
 in paragraph 7#a7 shall be used in the 
same manner as interest earned on       
amounts in the ,permanent ,fund may be  
used4  7c7 ,waiver of legal claims ,as a
 condition of the transfer under        
subsection 7a71 the ,tribe shall waive  
any and all claims arising from the     
management of the ,fund by the ,united  
,states4  #g4 ,eligibility for other    
,federal benefits ,the transfer under   
section #f shall not result in the      
reduction or denial of any ,federal     
service1 benefit1 or program to the     
,tribe or to any member of the ,tribe to

 which the ,tribe or member is entitled 
or eligible because of-- 7#a7 the status
 of the ,tribe as a federally recognized
 ,indian tribe2 or  7#b7 the status of  
the member as a member of the ,tribe4   
#h4 ,authorization of appropriations    
,there are authorized to be appropriated
 to carry out this ,act such sums as are
 necessary4