[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2405 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 2405
To authorize the relinquishment and in lieu selection of land and
minerals in the State of North Dakota, to restore land and minerals to
Indian Tribes within the State of North Dakota, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Mr. Armstrong introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To authorize the relinquishment and in lieu selection of land and
minerals in the State of North Dakota, to restore land and minerals to
Indian Tribes within the State of North Dakota, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North Dakota Trust Lands Completion
Act of 2023''.
SEC. 2. FINDINGS.
Congress finds that--
(1) in 1889, Congress enacted the North Dakota Enabling Act
``to provide for the division of Dakota into two States and to
enable the people of North Dakota, South Dakota, Montana, and
Washington to form constitutions and State governments and to
be admitted into the Union on an equal footing with the
original States, and to make donations of public lands to such
States'';
(2) section 10 of the North Dakota Enabling Act (25 Stat.
679, chapter 180)--
(A) with certain exceptions, granted sections 16
and 36 in every township to the new States of North
Dakota, South Dakota, Montana, and Washington ``for the
support of common schools''; and
(B) in cases where portions of sections 16 and 36
had been reserved, granted, or sold prior to those
States attaining statehood, authorized indemnity or
``in lieu'' selections;
(3) the State of North Dakota was granted land and minerals
totaling more than 2,500,000 acres under the North Dakota
Enabling Act;
(4) the North Dakota Enabling Act provided further land
grants to the State of North Dakota for the support of
colleges, universities, the State capitol, and other public
institutions;
(5) prior to the enactment of the North Dakota Enabling
Act, the United States, through treaties and Executive orders,
including the Treaty between the United States of America and
the Mandan, Hidatsa, Arikara, and other Tribal Nations, made
and concluded at Fort Laramie September 17, 1851 (11 Stat.
749), the Treaty between the United States of America and the
Sisseton and Wahpeton Bands of Dakota or Sioux Indians, made
and concluded at Washington February 19, 1867 (15 Stat. 505),
the Treaty between the United States of America and different
Tribes of Sioux Indians, made and concluded at Fort Laramie
April 29, 1868 (15 Stat. 635), and the Executive order of April
12, 1870, established several reservations of land for multiple
Indian Tribes located in the State of North Dakota;
(6) authorizing the State to relinquish the State land
grant parcels located within the reservations and to select
other Federal land or minerals in lieu of the relinquished
State land grant parcels will--
(A) fulfill the promise of land and minerals to the
State; and
(B) provide to Indian Tribes greater Tribal
sovereignty and control of land and minerals within the
reservations; and
(7) Congress should authorize the State--
(A) to relinquish the land and minerals located
within the reservations; and
(B) to select in lieu of the relinquished land
other Federal land or minerals in the State of North
Dakota of equal value.
SEC. 3. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means public
land and minerals located within the State of North Dakota,
including public land that is mineral in character.
(2) North dakota enabling act.--The term ``North Dakota
Enabling Act'' means the Act of February 22, 1889 (25 Stat.
676, chapter 180).
(3) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(4) Reservation.--The term ``reservation'' means any Indian
reservation located wholly or partially within the State of
North Dakota and recognized under United States treaty,
Executive order, or Act of Congress.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of North
Dakota, acting through the North Dakota Board of University and
School Lands and its agent, the Department of Trust Lands.
(7) State land grant parcel.--The term ``State land grant
parcel'' means--
(A) a parcel of land granted to the State of North
Dakota by Congress--
(i) on statehood; or
(ii) through a grant pursuant to the North
Dakota Enabling Act;
(B) a section of land numbered 16 or 36 granted to
the State of North Dakota by Congress for school
purposes;
(C) a parcel of land selected by the State of North
Dakota as indemnity for any section of land numbered 16
or 36; and
(D) a parcel of land other than a parcel of land
described in subparagraph (A), (B), or (C) obtained by
the State after statehood.
(8) Unappropriated federal land.--
(A) 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 Dakota.
(B) Exclusions.--The term ``unappropriated Federal
land'' does not include--
(i) surface interests acquired by the
Bureau of Land Management;
(ii) any area of critical environmental
concern established pursuant to section
202(c)(3) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712(c)(3));
or
(iii) land that is--
(I) withdrawn from public entry;
(II) located within a unit of the
National Park System;
(III) located within any
reservation;
(IV) located within--
(aa) T. 147 N., R. 95 W.;
(bb) T. 148 N., R. 95 W.;
(cc) T. 148 N., R. 96 W.;
or
(dd) T. 149 N., R. 95 W.;
(V) located within a United States
military reservation; or
(VI) designated by Congress or the
President for conservation purposes.
SEC. 4. RELINQUISHMENT AND SELECTION; CONVEYANCE.
(a) Relinquishment and Selection.--
(1) In general.--Subject to valid existing rights, if the
State elects to relinquish all right, title, and interest of
the State in and to a State land grant parcel located wholly or
partially within the boundaries of any reservation, the
Secretary shall authorize the State to select in accordance
with this Act 1 or more parcels of unappropriated Federal land
of substantially equivalent value within the State of North
Dakota.
(2) Approval.--Not later than 90 days after the date on
which the State makes a selection under paragraph (1), the
Secretary shall approve or reject, in whole or in part, the
selection.
(b) Conveyance.--
(1) Conveyance by secretary.--
(A) In general.--Not later than 60 days after the
date on which the Secretary approves a State selection
of unappropriated Federal land under subsection (a)(2),
the Secretary shall initiate the actions necessary to
convey to the State the unappropriated Federal land.
(B) Requirements.--Conveyance of Federal land by
the Secretary under this Act--
(i) shall be by clear list, patent, or deed
acceptable to the State; and
(ii) shall not be considered a sale,
exchange, or conveyance under section 203, 205,
206, or 209 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1713, 1715,
1716, 1719).
(2) Relinquishment and conveyance by state.--
(A) In general.--As consideration for the
conveyance of Federal land under paragraph (1), on the
date on which the Federal land is conveyed to the
State, the State shall concurrently relinquish and
convey to the Secretary all right, title, and interest
of the State in and to the State land grant parcel
identified for relinquishment under subsection (a)(1).
(B) Title.--The State shall convey to the Secretary
title, free of any financial claims, liabilities, or
other financial encumbrances, to all parcels
relinquished under subparagraph (A).
(C) 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 205 or 206 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1715,
1716).
(c) Succession to Rights and Obligations.--Each party to which land
is conveyed under this Act shall, to the fullest extent allowable under
Federal and State law, succeed to the rights and obligations of the
conveying party with respect to any lease, right-of-way, permit, or
other valid existing right to which the land is subject.
(d) Management After Relinquishment.--
(1) 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
reservation, on request of the applicable Indian Tribe, the
portion of the State land grant parcel located within the
boundaries of the reservation shall be--
(A) taken into trust by the Secretary on behalf of,
and for the benefit of, the Indian Tribe on the date of
the conveyance; and
(B) considered to be a part of the reservation of
the Indian Tribe.
(2) Consultation required.--Prior to the conveyance of a
State land grant parcel located wholly or partially within the
boundaries of any reservation, the State and the Secretary
shall consult with the Indian Tribe the land of which is
subject to conveyance in accordance with Executive Order 13175
(25 U.S.C. 5301 note; relating to consultation and coordination
with Indian tribal governments).
(e) Special Rules for Mineral Land.--
(1) Definition of unappropriated federal land subject to a
lease or permit.--In this subsection, the term ``unappropriated
Federal land subject to a lease or permit'' means
unappropriated Federal land subject to a mineral lease or
permit that is--
(A) issued under the Mineral Leasing Act (30 U.S.C.
181 et seq.); and
(B) in a producing or producible status during the
10-year period following the date of enactment of this
Act.
(2) Selection of mineral land.--The State may select, and
the Secretary may convey, unappropriated Federal land that is
mineral in character under subsection (b) on the condition
that, except as provided in paragraph (3)(A), if the selected
land is unappropriated Federal land subject to a lease or
permit--
(A) 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 (30 U.S.C. 181 et seq.); and
(B) such a selection shall not include any portion
of the mineral lease or permit.
(3) Conveyance of mineral estate.--
(A) In general.--If the State selects
unappropriated Federal land subject to a lease or
permit under paragraph (2), on the option of the
State--
(i) 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 (30 U.S.C. 181 et seq.); and
(ii) all Federal mining claims over the
land shall be converted to State leases in
accordance with this paragraph.
(B) Mining claims.--To facilitate the conversion of
Federal mining claims to State leases under
subparagraph (A), a Federal mining claimant may file
with the Secretary a voluntary relinquishment of the
Federal mining claim conditioned on--
(i) conveyance of the land to the State;
and
(ii) the conversion of the Federal mining
claim to a State lease.
(C) Obligations under federal law.--Until the date
on which the land is conveyed to the State under
subparagraph (A), a Federal mining claimant shall be
subject to any obligations relating to the land under
Federal law.
(D) No relinquishment.--If the land previously
encumbered by the relinquished Federal mining claim is
not conveyed to the State under subparagraph (A), the
relinquishment of land under subparagraph (B) shall
have no effect.
(E) Rights-of-way; other interest.--On conveyance
to the State of land encumbered by a relinquished
Federal mining claim under this paragraph, the State
shall assume authority over any leases, licenses,
permits, rights-of-way, operating plans, other land use
authorizations, or reclamation obligations applicable
to the relinquished Federal mining claim on the date of
conveyance.
(F) Valuation.--If a Federal mining claimant does
not voluntarily relinquish under subparagraph (B) a
Federal mining claim on land conveyed to the State, the
Secretary shall take into account the encumbrance
represented by the claim in determining the value of
the land under section 5(b).
(f) Withdrawal.--
(1) In general.--Subject to valid rights in existence on
the date of enactment of this Act, all Federal land selected by
the State for conveyance under this Act, effective beginning on
the date on which the State makes the selection and ending on
the date described in paragraph (2), is withdrawn from all
forms of--
(A) entry, appropriation, or disposal under the
public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) disposition under all laws pertaining to
mineral and geothermal leasing or mineral materials.
(2) Date described.--The date referred to in paragraph (1)
is the date on which, as applicable--
(A) the Federal land is conveyed by the Secretary
to the State;
(B) the Secretary rejects the selection under
subsection (a)(2); or
(C) the State withdraws the selection.
SEC. 5. VALUATION.
(a) 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--
(1) the overall value of the State land grant parcel and
the overall value of the parcel of Federal land shall be
substantially equal; or
(2) subject to subsection (c), if the overall value of the
parcels is not equal, the party conveying the parcel of lesser
value shall--
(A) equalize the value by the payment of funds to
the other party; or
(B) enter the imbalance in value on a ledger
account in accordance with subsection (e).
(b) Appraisal Required.--Except as provided in subsection (d), 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--
(1) the Uniform Appraisal Standards for Federal Land
Acquisitions; or
(2) subject to subsection (d)(1), the Uniform Standards for
Professional Appraisal Practice.
(c) Equalization.--With respect to a conveyance to the Secretary of
a State land grant parcel of lesser value than the parcel of Federal
land to be conveyed to the State under this Act, the total value of the
equalization payment described in subsection (a)(2)(A) or the ledger
entry described in subsection (e), as applicable, may not exceed 25
percent of the total value of the parcel of Federal land.
(d) Low Value Parcels.--
(1) In general.--The Secretary, with the consent of the
State, may use mass appraisals, a summary appraisal, 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 land, as applicable, is--
(A) less than $500,000; and
(B) less than $500 per acre.
(2) Division.--A State land grant parcel or a parcel of
Federal land may not be artificially divided in order to
qualify for a summary appraisal, mass appraisal, or statement
of value under paragraph (1).
(e) Ledger Accounts.--
(1) In general.--With respect to a State land grant parcel
conveyed under this Act in consideration for a parcel of
Federal land, if the overall value of the parcels is not equal,
the Secretary and the State may agree to use a ledger account
to make equal the value.
(2) Imbalances.--A ledger account described in paragraph
(1) shall reflect imbalances in value to be reconciled in a
subsequent transaction.
(3) Account balancing.--Each ledger account described in
paragraph (1) shall be--
(A) balanced not later than 3 years after the date
on which the ledger account is established; and
(B) closed not later than 5 years after the date of
the last conveyance of land under this Act.
(4) Costs.--
(A) 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 party.
(B) Adjustment.--If the Secretary or the State
assume costs or other responsibilities under
subparagraph (A), 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 State,
as applicable, for assuming the costs or other
responsibilities.
(5) 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 (30 U.S.C. 181 et seq.) that is in a
producing or producible status, and the lease is to be conveyed
under this Act, the value of the parcel shall be reduced by the
amount that represents the likely Federal revenue sharing
obligation under the Mineral Leasing Act (30 U.S.C. 181 et
seq.) with the State, but the adjustment shall not be
considered as reflecting a property right of the State.
SEC. 6. MISCELLANEOUS.
(a) In General.--Land or minerals conveyed under this Act shall be
subject to all applicable Federal, State, and Tribal law.
(b) Protection of Indian Rights.--
(1) Treaty rights.--Nothing in this Act modifies, limits,
expands, or otherwise affects any treaty-reserved right or
other right of any Indian Tribe recognized by any other means,
including treaties or agreements with the United States,
Executive orders, statutes, regulations, or case law.
(2) Land or minerals held in trust.--Nothing in this Act
affects--
(A) land or minerals held in trust by the United
States as of the date of enactment of this Act on
behalf of, and for the benefit of, any Indian Tribe; or
(B) any individual Indian allotment.
(c) Hazardous Materials.--
(1) 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 Act.
(2) Certification.--
(A) In general.--Prior to completing a conveyance
of Federal land under this Act, the Secretary shall
complete an inspection and a hazardous materials
certification of the land to be conveyed.
(B) State land grant parcels.--Prior to completing
a conveyance of a State land grant parcel under this
Act, the State shall complete an inspection and a
hazardous materials certification of the land to be
conveyed.
(d) Grazing Permits.--
(1) In general.--If land conveyed under this Act is subject
to a lease, permit, or contract for the grazing of domestic
livestock in effect on the date of the conveyance, the
Secretary or the State, as applicable, shall allow the grazing
to continue for the remainder of the term of the lease, permit,
or contract, subject to the related terms and conditions of the
user agreements, including permitted stocking rates, grazing
fee levels, access, and ownership and use of range
improvements.
(2) Cancellation.--
(A) In general.--Nothing in this Act prevents the
Secretary or the State from canceling or modifying a
grazing permit, lease, or contract if the land subject
to the permit, lease, or contract is sold, conveyed,
transferred, or leased for nongrazing purposes.
(B) 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 lease, 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 permit.
(C) Range improvements.--Nothing in this Act
prohibits a holder of a grazing lease, permit, or
contract from being compensated for range improvements
pursuant to the terms of the lease, permit, or contract
under existing Federal or State laws.
SEC. 7. SAVINGS CLAUSE.
Nothing in this Act applies to or impacts the ownership of any land
or mineral resources.
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