,,ii #aaith ,,congress #ast ,session ,s4 #ajhd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ad1 #bjbe,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 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,north ,dakota ,trust ,lands ,completion ,act of #bjbe4 #b4 ,definitions ,in this ,act3 7#a7 ,north ,dakota ,enabling ,act ,the term ,north ,dakota ,enabling ,act means the ,act of ,february #bb1 #ahhi 7#be ,stat4 #fgf1 chapter #ahj74 7#b7 ,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#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#d7 ,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#e7 ,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#f7 ,unappropriated ,federal land 7,a7 ,in general ,the term unappropriated ,federal land means public land administered by the ,bureau of ,land ,management located within the ,state of ,north ,dakota1 including public land that is mineral in character4 7,b7 ,exclusions ,the term unappropriated ,federal land does not include-- 7i7 land 7including an interest in land7 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-- 7aa7 entry1 appropriation1 or disposal under the public land laws2 7bb7 location1 entry1 and patent under the mining laws2 or 7cc7 disposition under all laws pertaining to mineral and geothermal leasing or mineral materials2 7,,ii7 located within a component of the ,national ,landscape ,conservation ,system2 7,,iii7 designated as a ,research ,natural ,area2 7,,iv7 located within any reservation2 7,v7 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,,vi7 located within a ,united ,states military reservation2 or 7,,vii7 designated by ,congress or the ,president for conservation purposes4 #c4 ,relinquishment and selection2 conveyance 7a7 ,relinquishment and selection 7#a7 ,in general ,subject to valid existing rights1 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 reservation1 the ,secretary shall authorize the ,state to select in accordance with this ,act #a or more parcels of unappropriated ,federal land of substantially equivalent value4 7#b7 ,approval ,not later than #ahj 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 7#c7 ,review ,nothing in this subsection precludes the ,secretary from conducting an environmental review of any parcel proposed for relinquishment under paragraph 7#a7 if the ,secretary determines that an environmental review is appropriate4 7b7 ,conveyance 7#a7 ,conveyance by ,secretary 7,a7 ,in general ,not later than #fj days after the date on which the ,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 unappropriated ,federal land by the ,secretary under this ,act-- 7i7 shall be by patent or deed in a form acceptable to the ,state and the ,secretary2 and 7ii7 shall not be considered a sale1 exchange1 or conveyance for purposes of 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 unappropriated ,federal land under paragraph 7#a71 on the date on which the unappropriated ,federal land is conveyed to the ,state1 the ,state 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#a74 7,b7 ,title ,the ,state shall convey to the ,secretary title1 free of any financial claims1 liabilities1 or other financial encumbrances1 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 shall1 to the fullest extent allowable under ,federal and ,state law1 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 ,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#b7 ,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 affected ,indian ,tribes1 including 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 governments7 and other applicable laws4 7e7 ,withdrawal 7#a7 ,in general ,subject to valid rights in existence on the date of enactment of this ,act1 all unappropriated ,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 unappropriated ,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 #d4 ,valuation 7a7 ,equal value ,with respect to a ,state land grant parcel conveyed under this ,act in consideration for a parcel of unappropriated ,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 unappropriated ,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 7#a7 ,in general ,except as provided in subsection 7d71 the value of the unappropriated ,federal land selected in accordance with this ,act and the value of a ,state land grant parcel conveyed under this ,act shall be determined by appraisals conducted by #a or more independent appraisers selected jointly by the ,secretary and the ,state4 7#b7 ,requirements ,an appraisal under paragraph 7#a7 shall be 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 of a ,state land grant parcel of lesser value than the parcel of unappropriated ,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 unappropriated ,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 unappropriated ,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 unappropriated ,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 unappropriated ,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 unappropriated ,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 unappropriated ,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 unappropriated ,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 #e4 ,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 unappropriated ,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 ,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 ,state 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 #f4 ,savings clause ,nothing in this ,act applies to or affects litigation or disputes pending on the date of enactment of this ,act regarding the ownership of any land or mineral resources located within the ,state of ,north ,dakota4