,,ii  #aagth ,,congress  #ast ,session  
,s4 #cbjj  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,november #d1  
#bjba,mr4 ,hoeven 7for himself and ,mr4 
,cramer7 introduced the following bill2 
which was read twice and referred to the
 ,committee on ,energy and ,natural     
,resources  ,a ,,bill  ,to authorize the
 relinquishment and in lieu selection of
 land and minerals in the ,state of     
,north ,dakota1 to restore land and     
minerals to ,indian ,tribes within the  
,state of ,north ,dakota1 to conserve   
the ,little ,missouri ,national         
,grasslands1 and for other purposes4    
#a4 ,short title ,this ,act may be cited
 as the ,north ,dakota ,trust ,lands    
,completion ,act4  #b4 ,findings        
,congress finds that-- 7#a7 in #ahhi1   
,congress enacted the ,north ,dakota    
,enabling ,act to provide for the       
division of ,dakota into two ,states and
 to enable the people of ,north ,dakota1
 ,south ,dakota1 ,montana1 and          
,washington to form constitutions and   

,state governments and to be admitted   
into the ,union on an equal footing with
 the original ,states1 and to make      
donations of public lands to such       
,states2  7#b7 section #aj of the ,north
 ,dakota ,enabling ,act 7#be ,stat4     
#fgi1 chapter #ahj7-- 7,a7 with certain 
exceptions1 granted sections #af and #cf
 in every township to the new ,states of
 ,north ,dakota1 ,south ,dakota1        
,montana1 and ,washington for the       
support of common schools2 and  7,b7 in 
cases where portions of sections #af and
 #cf had been reserved1 granted1 or sold
 prior to those ,states attaining       
statehood1 authorized indemnity or in   
lieu selections2  7#c7 the ,state of    
,north ,dakota was granted land and     
minerals totaling more than #b1ejj1jjj  
acres under the ,north ,dakota ,enabling
 ,act2  7#d7 the ,north ,dakota         
,enabling ,act provided further land    
grants to the ,state of ,north ,dakota  
for the support of colleges1            
universities1 the ,state capitol1 and   

other public institutions2  7#e7 prior  
to the enactment of the ,north ,dakota  
,enabling ,act1 the ,united ,states1    
through treaties and ,executive orders1 
including the ,treaty between the       
,united ,states of ,america and the     
,mandan1 ,hidatsa1 ,arikara1 and other  
,tribal ,nations1 made and concluded at 
,fort ,laramie ,september #ag1 #ahea    
7#aa ,stat4 #gdi71 the ,treaty between  
the ,united ,states of ,america and the 
,sisseton and ,wahpeton ,bands of       
,dakota or ,sioux ,indians1 made and    
concluded at ,washington ,february #ai1 
#ahfg 7#ae ,stat4 #eje71 the ,treaty    
between the ,united ,states of ,america 
and different ,tribes of ,sioux         
,indians1 made and concluded at ,fort   
,laramie ,april #bi1 #ahfh 7#ae ,stat4  
#fce71 and the ,executive order of      
,april #ab1 #ahgj1 established several  
reservations of land for multiple       
,indian ,tribes located in the ,state of
 ,north ,dakota2  7#f7 established in   
#aifj1 the ,little ,missouri ,national  

,grasslands-- 7,a7 occupies more than   
#a1jbh1jjj acres of land in western     
,north ,dakota2 and  7,b7 encompasses   
approximately #ajh1hdj surface acres and
 #adi1jgc mineral acres of ,state land  
grant parcels within its boundaries2    
7#g7 authorizing the ,state to          
relinquish the ,state land grant parcels
 located within the reservations and the
 ,grasslands and to select other        
,federal land or minerals in lieu of the
 relinquished ,state land grant parcels 
will-- 7,a7 fulfill the promise of land 
and minerals to the ,state2  7,b7       
provide to ,indian ,tribes greater      
,tribal sovereignty and control of land 
and minerals within the reservations2   
and  7,c7 provide for greater           
conservation and preservation of the    
,grasslands2 and  7#h7 ,congress should 
authorize the ,state-- 7,a7 to          
relinquish the land and minerals located
 within the reservations and the        
,grasslands2 and  7,b7 to select in lieu
 of the relinquished land other ,federal

 land or minerals in the ,state of      
,north ,dakota of equal value4  #c4     
,definitions ,in this ,act3 7#a7        
,federal land ,the term ,federal land   
means public land and minerals located  
within the ,state of ,north ,dakota1    
including public land that is mineral in
 character4  7#b7 ,grasslands ,the term 
,grasslands means the ,little ,missouri 
,national ,grasslands located within the
 ,state of ,north ,dakota4  7#c7 ,north 
,dakota ,enabling ,act ,the term ,north 
,dakota ,enabling ,act means the ,act of
 ,february #bb1 #ahhi 7#be ,stat4 #fgf1 
chapter #ahj74  7#d7 ,public land ,the  
term public land has the meaning given  
the term public lands in section #ajc of
 the ,federal ,land ,policy and         
,management ,act of #aigf 7#dc ,u4,s4,c4
 #agjb74  7#e7 ,reservation ,the term   
reservation means any ,indian           
reservation located wholly or partially 
within the ,state of ,north ,dakota and 
recognized under ,united ,states treaty1
 ,executive order1 or ,act of ,congress4

  7#f7 ,secretary ,the term ,secretary  
means the ,secretary of the ,interior4  
7#g7 ,state ,the term ,state means the  
,state of ,north ,dakota1 acting through
 the ,north ,dakota ,board of           
,university and ,school ,lands and its  
agent1 the ,department of ,trust ,lands4
  7#h7 ,state land grant parcel ,the    
term ,state land grant parcel means--   
7,a7 a parcel of land granted to the    
,state of ,north ,dakota by ,congress-- 
7i7 on statehood2 or  7ii7 through a    
grant pursuant to the ,north ,dakota    
,enabling ,act2  7,b7 a section of land 
numbered #af or #cf granted to the      
,state of ,north ,dakota by ,congress   
for school purposes2  7,c7 a parcel of  
land selected by the ,state of ,north   
,dakota as indemnity for any section of 
land numbered #af or #cf2 and  7,d7 a   
parcel of land other than a parcel of   
land described in subparagraph 7,a71    
7,b71 or 7,c7 obtained by the ,state    
after statehood4  7#i7 ,unappropriated  
,federal land  7,a7 ,in general ,the    

term unappropriated ,federal land means 
,federal land under the management and  
control of the ,bureau of ,land         
,management and located within the      
,state of ,north ,dakota4  7,b7         
,exclusions ,the term unappropriated    
,federal land does not include-- 7i7    
surface interests acquired by the       
,bureau of ,land ,management2  7ii7 any 
area of critical environmental concern  
established pursuant to section         
#bjb7;c77#c7 of the ,federal ,land      
,policy and ,management ,act of #aigf   
7#dc ,u4,s4,c4 #agab7;c77#c772 or  7iii7
 land that is-- 7,i7 withdrawn from     
public entry2  7,,ii7 located within a  
unit of the ,national ,park ,system2    
7,,iii7 located within any reservation2 
7,,iv7 located within-- 7aa7 ,t4 #adg   
,n41 ,r4 #ie ,w42  7bb7 ,t4 #adh ,n41   
,r4 #ie ,w42  7cc7 ,t4 #adh ,n41 ,r4 #if
 ,w42 or  7dd7 ,t4 #adi ,n41 ,r4 #ie    
,w42  7,v7 located within a ,united     
,states military reservation2 or  7,,vi7
 designated by ,congress or the         

,president for conservation purposes4   
#d4 ,relinquishment and selection2      
conveyance  7a7 ,relinquishment and     
selection  7#a7 ,in general ,if the     
,state elects to relinquish all right1  
title1 and interest of the ,state in and
 to a ,state land grant parcel located  
wholly or partially within the          
boundaries of any reservation or the    
,grasslands1 the ,secretary shall       
authorize the ,state to select in       
accordance with this ,act #a or more    
parcels of unappropriated ,federal land 
of substantially equivalent value within
 the ,state of ,north ,dakota4  7#b7    
,approval ,not later than #ij days after
 the date on which the ,state makes a   
selection under paragraph 7#a71 the     
,secretary shall approve or reject1 in  
whole or in part1 the selection4  7b7   
,conveyance  7#a7 ,conveyance by        
,secretary  7,a7 ,in general ,not later 
than #fj days after the date on which   
,secretary approves a ,state selection  
of unappropriated ,federal land under   

subsection 7a77#b71 the ,secretary shall
 initiate the actions necessary to      
convey to the ,state the unappropriated 
,federal land4  7,b7 ,requirements      
,conveyance of ,federal land by the     
,secretary under this ,act-- 7i7 shall  
be by clear list1 patent1 or deed       
acceptable to the ,state2 and  7ii7     
shall not be considered a sale1         
exchange1 or conveyance under section   
#bjc1 #bje1 #bjf1 or #bji of the        
,federal ,land ,policy and ,management  
,act of #aigf 7#dc ,u4,s4,c4 #agac1     
#agae1 #agaf1 #agai74  7#b7             
,relinquishment and conveyance by ,state
  7,a7 ,in general ,as consideration for
 the conveyance of ,federal land under  
paragraph 7#a71 on the date on which the
 ,federal land is conveyed to the       
,state1 the ,state-- 7i7 shall          
concurrently relinquish and convey to   
the ,secretary all right1 title1 and    
interest of the ,state in and to the    
,state land grant parcel identified for 
relinquishment under subsection 7a77#a72

 or  7ii7 in the case of a ,state land  
grant parcel identified for             
relinquishment under subsection 7a77#a7 
that is located wholly or partially     
within the boundaries of the            
,grasslands1 shall relinquish and convey
 to the ,secretary of ,agriculture all  
right1 title1 and interest of the ,state
 in and to the ,state land grant parcel4
  7,b7 ,clear title ,the ,state shall   
convey to the ,secretary clear title to 
all parcels relinquished under          
subparagraph 7,a74  7,c7 ,limitation    
,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 #bje or #bjf of the ,federal 
,land ,policy and ,management ,act of   
#aigf 7#dc ,u4,s4,c4 #agae1 #agaf74  7c7
 ,succession to rights and obligations  
,each party to which land is conveyed   
under this ,act shall succeed to the    
rights and obligations of the conveying 
party with respect to any lease1        

right-of-way1 permit1 or other valid    
existing right to which the land is     
subject4  7d7 ,management after         
relinquishment  7#a7 ,grasslands ,all   
,state land grant parcels relinquished  
by the ,state and conveyed to the       
,secretary of ,agriculture under this   
,act and located within the ,grasslands 
shall become part of1 and be managed as 
part of1 the ,grasslands4  7#b7         
,reservation ,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            
reservation1 on request of the          
applicable ,indian ,tribe1 the portion  
of the ,state land grant parcel located 
within the boundaries of the reservation
 shall be-- 7,a7 taken into trust by the
 ,secretary on behalf of1 and for the   
benefit of1 the ,indian ,tribe on the   
date of the conveyance2 and  7,b7       
considered to be a part of the          
reservation of the ,indian ,tribe4  7#c7

 ,consultation required ,prior to the   
conveyance of a ,state land grant parcel
 located wholly or partially within the 
boundaries of any reservation1 the      
,state and the ,secretary shall consult 
with the ,indian ,tribe the land of     
which is subject to conveyance in       
accordance with ,executive ,order #acage
 7#be ,u4,s4,c4 #ecja note2 relating to 
consultation and coordination with      
,indian tribal governments74  7e7       
,special rules for mineral land  7#a7   
,definition of unappropriated ,federal  
land subject to a lease or permit ,in   
this subsection1 the term unappropriated
 ,federal land subject to a lease or    
permit means unappropriated ,federal    
land subject to a mineral lease or      
permit that is-- 7,a7 issued under the  
,mineral ,leasing ,act 7#cj ,u4,s4,c4   
#aha et seq472 and  7,b7 in a producing 
or producible status during the #aj-year
 period following the date of enactment 
of this ,act4  7#b7 ,selection of       
mineral land ,the ,state may select1 and

 the ,secretary may convey1             
unappropriated ,federal land that is    
mineral in character under subsection   
7b7 on the condition that1 except as    
provided in paragraph 7#c77;,a71 if the 
selected land is unappropriated ,federal
 land subject to a lease or permit--    
7,a7 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 7#cj ,u4,s4,c4   
#aha et seq472 and  7,b7 such a         
selection shall not include any portion 
of the mineral lease or permit4  7#c7   
,conveyance of mineral estate  7,a7 ,in 
general ,if the ,state selects          
unappropriated ,federal land subject to 
a lease or permit under paragraph 7#b71 
on the option of the ,state-- 7i7 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 7#cj ,u4,s4,c4   

#aha et seq472 and  7ii7 all ,federal   
mining claims over the land shall be    
converted to ,state leases in accordance
 with this paragraph4  7,b7 ,mining     
claims ,to facilitate the conversion of 
,federal mining claims to ,state leases 
under subparagraph 7,a71 a ,federal     
mining claimant may file with the       
,secretary a voluntary relinquishment of
 the ,federal mining claim conditioned  
on-- 7i7 conveyance of the land to the  
,state2 and  7ii7 the conversion of the 
,federal mining claim to a ,state lease4
  7,c7 ,obligations under ,federal law  
,until the date on which the land is    
conveyed to the ,state under            
subparagraph 7,a71 a ,federal mining    
claimant shall be subject to any        
obligations relating to the land under  
,federal law4  7,d7 ,no relinquishment  
,if the land previously encumbered by   
the relinquished ,federal mining claim  
is not conveyed to the ,state under     
subparagraph 7,a71 the relinquishment of
 land under subparagraph 7,b7 shall have

 no effect4  7,e7 ,rights-of-way2 other 
interest ,on conveyance to the ,state of
 land encumbered by a relinquished      
,federal mining claim under this        
paragraph1 the ,state shall assume      
authority over any leases1 licenses1    
permits1 rights-of-way1 operating plans1
 other land use authorizations1 or      
reclamation obligations applicable to   
the relinquished ,federal mining claim  
on the date of conveyance4  7,f7        
,valuation ,if a ,federal mining        
claimant does not voluntarily relinquish
 under subparagraph 7,b7 a ,federal     
mining claim on land conveyed to the    
,state1 the ,secretary shall take into  
account the encumbrance represented by  
the claim in determining the value of   
the land under section #e7;b74  7f7     
,withdrawal  7#a7 ,in general ,subject  
to valid rights in existence on the date
 of enactment of this ,act1 all ,federal
 land selected by the ,state for        
conveyance under this ,act1 effective   
beginning on the date on which the      

,state makes the selection and ending on
 the date described in paragraph 7#b71  
is withdrawn from all forms of-- 7,a7   
entry1 appropriation1 or disposal under 
the public land laws2  7,b7 location1   
entry1 and patent under the mining laws2
 and  7,c7 disposition under all laws   
pertaining to mineral and geothermal    
leasing or mineral materials4  7#b7     
,date described ,the date referred to in
 paragraph 7#a7 is the date on which1 as
 applicable-- 7,a7 the ,federal land is 
conveyed by the ,secretary to the       
,state2  7,b7 the ,secretary rejects the
 selection under subsection 7a77#b72 or 
7,c7 the ,state withdraws the selection4
  #e4 ,valuation  7a7 ,equal value ,with
 respect to a ,state land grant parcel  
conveyed under this ,act in             
consideration for a parcel of ,federal  
land selected in accordance with this   
,act-- 7#a7 the overall value of the    
,state land grant parcel and the overall
 value of the parcel of ,federal land   
shall be substantially equal2 or  7#b7  

subject to subsection 7c71 if the       
overall value of the parcels is not     
equal1 the party conveying the parcel of
 lesser value shall-- 7,a7 equalize the 
value by the payment of funds to the    
other party2 or  7,b7 enter the         
imbalance in value on a ledger account  
in accordance with subsection 7e74  7b7 
,appraisal required ,except as provided 
in subsection 7d71 the ,secretary shall 
determine the value of a ,state land    
grant parcel and a parcel of ,federal   
land to be conveyed under this ,act     
through an appraisal completed in       
accordance with-- 7#a7 the ,uniform     
,appraisal ,standards for ,federal ,land
 ,acquisitions2 or  7#b7 subject to     
subsection 7d77#a71 the ,uniform        
,standards for ,professional ,appraisal 
,practice4  7c7 ,equalization ,with     
respect to a conveyance to the          
,secretary or the ,secretary of         
,agriculture of a ,state land grant     
parcel of lesser value than the parcel  
of ,federal land to be conveyed to the  

,state under this ,act1 the total value 
of the equalization payment described in
 subsection 7a77#b77;,a7 or the ledger  
entry described in subsection 7e71 as   
applicable1 may not exceed #be percent  
of the total value of the parcel of     
,federal land4  7d7 ,low value parcels  
7#a7 ,in general ,the ,secretary1 with  
the consent of the ,state1 may use mass 
appraisals1 a summary appraisal1 or a   
statement of value made by a qualified  
appraiser carried out in accordance with
 the ,uniform ,standards for            
,professional ,appraisal ,practice to   
determine the value of a ,state land    
grant parcel or a parcel of ,federal    
land to be conveyed under this ,act     
instead of an appraisal that complies   
with the ,uniform ,appraisal ,standards 
for ,federal ,land ,acquisitions if the 
,state and the ,secretary agree that    
market value of the ,state land grant   
parcel or parcel of ,federal land1 as   
applicable1 is-- 7,a7 less than         
#ejj1jjj2 and  7,b7 less than #ejj per  

acre4  7#b7 ,division ,a ,state land    
grant parcel or a parcel of ,federal    
land may not be artificially divided in 
order to qualify for a summary          
appraisal1 mass appraisal1 or statement 
of value under paragraph 7#a74  7e7     
,ledger accounts  7#a7 ,in general ,with
 respect to a ,state land grant parcel  
conveyed under this ,act in             
consideration for a parcel of ,federal  
land1 if the overall value of the       
parcels is not equal1 the ,secretary and
 the ,state may agree to use a ledger   
account to make equal the value4  7#b7  
,imbalances ,a ledger account described 
in paragraph 7#a7 shall reflect         
imbalances in value to be reconciled in 
a subsequent transaction4  7#c7 ,account
 balancing ,each ledger account         
described in paragraph 7#a7 shall be--  
7,a7 balanced not later than #c years   
after the date on which the ledger      
account is established2 and  7,b7 closed
 not later than #e years after the date 
of the last conveyance of land under    

this ,act4  7#d7 ,costs  7,a7 ,in       
general ,the ,secretary or the ,state   
may assume costs or other               
responsibilities or requirements for    
conveying land under this ,act that     
ordinarily are borne by the other party4
  7,b7 ,adjustment ,if the ,secretary or
 the ,state assume costs or other       
responsibilities under subparagraph     
7,a71 the ,secretary or the ,state shall
 make adjustments to the value of the   
,federal land conveyed to the ,state to 
compensate the ,secretary or the ,state1
 as applicable1 for assuming the costs  
or other responsibilities4  7#e7        
,mineral land ,if value is attributed to
 any parcel of ,federal land that has   
been selected by the ,state because of  
the presence of minerals under a lease  
entered into under the ,mineral ,leasing
 ,act 7#cj ,u4,s4,c4 #aha et seq47 that 
is in a producing or producible status1 
and the lease is to be conveyed under   
this ,act1 the value of the parcel shall
 be reduced by the amount that          

represents the likely ,federal revenue  
sharing obligation under the ,mineral   
,leasing ,act 7#cj ,u4,s4,c4 #aha et    
seq47 with the ,state1 but the          
adjustment shall not be considered as   
reflecting a property right of the      
,state4  #f4 ,miscellaneous  7a7 ,in    
general ,land or minerals conveyed under
 this ,act shall be subject to all      
applicable ,federal1 ,state1 and ,tribal
 law4  7b7 ,protection of ,indian rights
  7#a7 ,treaty rights ,nothing in this  
,act modifies1 limits1 expands1 or      
otherwise affects any treaty-reserved   
right or other right of any ,indian     
,tribe recognized by any other means1   
including treaties or agreements with   
the ,united ,states1 ,executive orders1 
statutes1 regulations1 or case law4     
7#b7 ,land or minerals held in trust    
,nothing in this ,act affects-- 7,a7    
land or minerals held in trust by the   
,united ,states as of the date of       
enactment of this ,act on behalf of1 and
 for the benefit of1 any ,indian ,tribe2

 or  7,b7 any individual ,indian        
allotment4  7c7 ,hazardous materials    
7#a7 ,in general ,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 ,act4  7#b7         
,certification  7,a7 ,in general ,prior 
to completing a conveyance of ,federal  
land under this ,act1 the ,secretary    
shall complete an inspection and a      
hazardous materials certification of the
 land to be conveyed4  7,b7 ,state land 
grant parcels ,prior to completing a    
conveyance of a ,state land grant parcel
 under this ,act1 the ,state shall      
complete an inspection and a hazardous  
materials certification of the land to  
be conveyed4  7d7 ,grazing permits  7#a7
 ,in general ,if land conveyed under    
this ,act is subject to a lease1 permit1
 or contract for the grazing of domestic
 livestock in effect on the date of the 
conveyance1 the ,secretary or the       
,secretary of ,agriculture1 or the      

,state1 as applicable1 shall allow the  
grazing to continue for the remainder of
 the term of the lease1 permit1 or      
contract1 subject to the related terms  
and conditions of the user agreements1  
including permitted stocking rates1     
grazing fee levels1 access1 and         
ownership and use of range improvements4
  7#b7 ,cancellation  7,a7 ,in general  
,nothing in this ,act prevents the      
,secretary or the ,secretary of         
,agriculture1 or the ,state1 from       
canceling or modifying a grazing permit1
 lease1 or contract if the land subject 
to the permit1 lease1 or contract is    
sold1 conveyed1 transferred1 or leased  
for nongrazing purposes4  7,b7 ,base    
properties ,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 lease1 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    
permit4  7,c7 ,range improvements       
,nothing in this ,act prohibits a holder
 of a grazing lease1 permit1 or contract
 from being compensated for range       
improvements pursuant to the terms of   
the lease1 permit1 or contract under    
existing ,federal or ,state laws4  #g4  
,savings clause ,nothing in this ,act   
applies to or impacts the ownership of  
any land or mineral resources4