S. 2442Senate113th Congress (2013-2015)In Committee

Northern Cheyenne Lands Act

Introduced June 5, 2014

Legislative Activity

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6 earlier actions
SenateCommittee Latest Action

By Senator Tester from Committee on Indian Affairs filed written report. Report No. 113-317.

December 12, 2014

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SenateIntro Referral

Introduced in Senate

June 5, 2014

SenateIntro Referral

Read twice and referred to the Committee on Indian Affairs.

June 5, 2014

SenateCommittee

Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 113-419.

July 9, 2014

SenateCommittee

Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

July 30, 2014

SenateCommittee

Committee on Indian Affairs. Reported by Senator Tester under authority of the order of the Senate of 08/05/2014 with an amendment in the nature of a substitute. Without written report.

August 26, 2014

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 542.

August 26, 2014

SenateCommittee

By Senator Tester from Committee on Indian Affairs filed written report. Report No. 113-317.

December 12, 2014

Floor Debate

24 members

What members said about S. 2442 on the floor

8 Republicans14 Democrats2 Independents
Tom Harkin
Sen. Tom HarkinD-IA · Dec 12, 2014

Mr. President, I too want to spend a couple of moments reflecting upon my long friendship and association with Senator Carl Levin from Michigan. Much has been said this morning about Carl the person…

Tom Coburn
Sen. Tom CoburnR-OK · Dec 12, 2014

Mr. President, I inquire of the Senator from Wisconsin how much time she is going to need to take. I would prefer she go ahead and I will do all mine in consequence, if I may. Mr. President, I first…

Lisa Murkowski
Sen. Lisa MurkowskiR-AK · Dec 12, 2014

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, earlier there was a lot of discussion about the NDAA--the Defense authorization bill--and the…

Carl Levin
Sen. Carl LevinD-MI · Dec 12, 2014

Mr. President, after 36 years as a Member of the United States Senate, this is likely my last opportunity to address its Members as colleagues, and to address the people of my State as constituents,…

James M. Inhofe
Sen. James M. InhofeR-OK · Dec 12, 2014

Mr. President, I will be very brief because I know we have some other things coming up before going on to the NDAA, and I will be standing here with my good friend and brother Carl at that time. I…

Show 8 more
Bernard Sanders
Sen. Bernard SandersI-VT · Dec 12, 2014

I want to take a moment to thank Carl Levin for his friendship. It has been previously noted that Carl is recognized as having perhaps the greatest intellect in the Senate. Carl has been, for so many…

Kelly Ayotte
Sen. Kelly AyotteR-NH · Dec 12, 2014

Mr. President, I want to thank the senior Senator from Oklahoma, Mr. Inhofe, for his leadership, along with Senator Levin, working hand in hand to get the Defense authorization done this year. This…

Debbie Stabenow
Sen. Debbie StabenowD-MI · Dec 12, 2014

Mr. President, Senator Carl Levin has been my Senator for 36 years, and it has been one of the great honors of my life to serve for the last 14 years as his partner, as well as his friend,…

Joe Manchin III
Sen. Joe Manchin IIID-WV · Dec 12, 2014

Mr. President, I rise with honor and pleasure to be able to say thank you to my dear friend. I am the most junior Member, besides the Presiding Officer, in this body today. When I first came to the…

Susan M. Collins
Sen. Susan M. CollinsR-ME · Dec 12, 2014

Mr. President, during his 36 years representing Michigan in the Senate, Senator Carl Levin's character and expertise have been described in many ways. He has been named by Time magazine as one of the…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Dec 12, 2014

I will speak briefly because I put a statement in the Record, but I just want to say, Tom, that next to the State of Illinois, I spend more time campaigning in your State of Iowa than any other…

Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · Dec 12, 2014

Mr. President, one of the great honors of serving in the U.S. Senate--and it is a great honor to serve in this body--is the fact that I have had the opportunity to serve with Carl Levin. I think…

Tammy Baldwin
Sen. Tammy BaldwinD-WI · Dec 12, 2014

Senator, less than 10 minutes. Mr. President, I thank the Senator from Oklahoma for his courtesy, and I am delighted to rise today to mark the passage of the Fiscal Year 2015 National Defense…

Show 11 more
Ron Wyden
Sen. Ron WydenD-OR · Dec 12, 2014

Madam President, I want to take a few minutes today to speak on the National Defense Authorization Act, the annual policy bill for the Department of Defense. Let me start by noting that Senator Carl…

Robert Menendez
Sen. Robert MenendezD-NJ · Dec 12, 2014

Madam President, I rise in strong support of the lands package. I wish to congratulate the Senator from Alaska as well as the Senator from Louisiana for their work, and particularly in support of…

Al  Franken
Sen. Al Franken D-MN · Dec 12, 2014

I want to echo what everyone has said. I had the honor of traveling on a codel with Chairman Levin to Pakistan, Afghanistan, when I had been here just a few weeks. So I was traveling with the…

Mike Lee
Sen. Mike LeeR-UT · Dec 12, 2014

Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I ask unanimous consent to temporarily set aside the pending amendment so that I may call up…

Mazie K. Hirono
Sen. Mazie K. HironoD-HI · Dec 12, 2014

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I intend to call up H.R. 4329, the Native American Housing and Self-Determination…

Amy Klobuchar
Sen. Amy KlobucharD-MN · Dec 12, 2014

Mr. President, we are going to continue with the Minnesota theme, and I think Senator Harkin knows that our two States, Minnesota and Iowa, share more than just a border. We share a lot of people…

Jeff Merkley
Sen. Jeff MerkleyD-OR · Dec 12, 2014

Mr. President, when I came here in 2009, we were in the middle of an enormous meltdown due to high-risk trading inside our major banks. I wondered whether we as an institution were capable of…

Thomas R. Carper
Sen. Thomas R. CarperD-DE · Dec 12, 2014

The Senator from Oregon has thanked Tom for his service in the Senate. I wish to thank him for his service before he was in the Senate when he and I were kids--well, not exactly--but when we served…

Orrin G. Hatch
Sen. Orrin G. HatchR-UT · Dec 12, 2014

Mr. President, I wish to pay tribute to the senior Senator from Michigan, Carl Levin. I have known Carl for many years and am grateful for his friendship. Throughout his career, Carl has always put…

Angus S. King Jr.
Sen. Angus S. King Jr.I-ME · Dec 12, 2014

I wanted to speak very briefly, because as Senator Manchin pointed out, I am the most junior person in the place. I want to say a couple of things about Carl Levin. As has been said here repeatedly,…

Jeff Sessions
Sen. Jeff SessionsR-AL · Dec 12, 2014

I thank Senator McCaskill for her comments. We are talking about a Senator's Senator, a man who reads the language of the legislation and knows how to legislate. I came here 18 years ago and have…

Bill Text

2 versions available

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Latest
Reported to SenateIssued August 26, 2014

II

Calendar No. 542

113th CONGRESS

2d Session

S. 2442

IN THE SENATE OF THE UNITED STATES

June 5, 2014

Mr. Walsh (for himself and Mr. Tester) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs

August 26, 2014

Reported, under authority of the order of the Senate of August 5 (legislative day, August 1), 2014, by Mr. Tester, with an amendment

Strike out all after the enacting clause and insert the part printed in italic

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 Tribe, and for other purposes.

1.

Short title

This Act may be cited as the Northern Cheyenne Lands Act.

2.

Findings

Congress finds that—

(1)

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 immemorial;

(2)

the Tribe has made supreme and historic sacrifices to repossess and maintain the homeland of the Tribe, including the Reservation of the Tribe in the State of Montana;

(3)

the Tribe suffers from tremendous social and economic challenges, including a lack of employment opportunities on the Reservation, which can be improved by strengthening the control of the Tribe over the land base, natural resources, and trust funds of the Tribe;

(4)

the Tribe seeks a variety of resolutions to outstanding legal obstacles that have prevented the Tribe from consolidating subsurface and surface trust ownership on the Reservation;

(5)

the Tribe and the members of the Tribe are the beneficial owners of more than 95 percent of the surface land of the Reservation and all but approximately 5,000 subsurface acres of the Reservation;

(6)

the Tribe seeks to obtain ownership of approximately 5,000 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 1900;

(7)

in 2002, 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 (6) 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;

(8)

to increase tribal ownership of the surface land, the Tribe has purchased approximately 932 acres of land within the Reservation that were, for various reasons, taken out of trust ownership status;

(9)

the Tribe has purchased approximately 635 acres of land near Bear Butte, South Dakota, which the Tribe considers sacred ground for the members of the Tribe, as well as for members of other Indian tribes;

(10)

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 Tribe;

(11)

the Tribe seeks clarification, consistent with the 1999 settlement with the United States, that the principal of the funds arising from the Northern Cheyenne Indian Reserved Water Rights Settlement Act of 1992 (Public Law 102–374; 106 Stat. 1186; 108 Stat. 707), the earnings from which are paid to the Tribe and managed as the Northern Cheyenne Trust Fund by the Office of Special Trustee, may be transferred to the Northern Cheyenne Tribe Permanent Fund, 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 services; and

(12)

if the conveyances of land and funds authorized under this Act are carried out, 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 States.

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, and delegates of the Secretary, 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 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 land to be taken into trust

Not later than 60 days after the date of enactment of this Act, the Secretary shall take into trust for the benefit of the Tribe the approximately 1,567 acres of land depicted on—

(1)

the map entitled Northern Cheyenne Lands Act – Fee-to-Trust Lands and dated April 22, 2014; and

(2)

the map entitled Northern Cheyenne Lands Act – Fee-to-Trust Lands – Lame Deer Townsite and dated April 22, 2014.

5.

Mineral rights to be taken into trust

(a)

Completion of mineral conveyances

(1)

In general

Not later than 60 days after the date on which the Secretary receives the notification described in subsection (c), in a single transaction—

(A)

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 Reservation generally depicted as Great Northern Properties on the map entitled Northern Cheyenne Land Act – Coal Tracts and dated April 22, 2014; and

(B)

subject to paragraph (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 April 22, 2014.

(2)

Requirement

The Secretary shall ensure that the deed for the conveyance authorized by paragraph (1)(B) shall include a covenant running with the land that—

(A)

precludes the coal conveyed from being mined by any method other than underground mining techniques—

(i)

until any surface owner (as defined in section 714(e) of Public Law 95–87 (30 U.S.C. 1304(e))) for a specific tract has provided to Great Northern Properties written consent to enter the specific tract and commence surface mining; and

(ii)

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 1984; and

(B)

shall not create any property interest in the United States or any surface owner (as defined in section 714(e) of Public Law 95–87 (30 U.S.C. 1304(e))).

(b)

Treatment of land transferred to Tribe

(1)

In general

At the request of the Tribe, the Secretary shall take into trust for the benefit of the Tribe the mineral interests conveyed to the Tribe under subsection (a)(1)(A).

(2)

No State taxation

The mineral interests conveyed to the Tribe under subsection (a)(1)(A) shall not be subject to taxation by the State (including any political subdivision of the State).

(c)

Revenue sharing agreement

The Tribe shall notify the Secretary, in writing, that—

(1)

consistent with a settlement agreement entered into between the Tribe and the State in 2002, the Tribe and Great Northern Properties have agreed on a formula for sharing revenue from development of the mineral interests described in subsection (a)(1)(B) if those mineral interests are developed;

(2)

the revenue sharing agreement remains in effect as of the date of enactment of this Act; and

(3)

Great Northern Properties has offered to convey the mineral interests described in subsection (a)(1)(A) to the Tribe.

(d)

Waiver of legal claims

As a condition of the conveyances of mineral interests under subsection (a)(1)—

(1)

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 (a)(1)(A), as directed by Congress in 1900; and

(2)

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 (a)(1)(B).

(e)

Rescission of mineral conveyances

If any portion of the mineral interests conveyed under subsection (a)(1) is invalidated by final judgment of a court of the United States—

(1)

not later than 1 year after the date on which the final judgment is rendered, the Secretary or Great Northern Properties may agree to rescind the conveyances under subsection (a)(1); and

(2)

if the conveyances are rescinded under paragraph (1), the waivers under subsection (d) shall no longer apply.

6.

Transfer of Northern Cheyenne Trust Fund to Tribe

(a)

In general

Not later than 30 days after the date of enactment of this Act, all amounts in the Fund shall be deposited in the Permanent Fund.

(b)

Use of amounts

Of the amounts transferred to the Permanent Fund under subsection (a)—

(1)

the portion that is attributable to the principal of the Fund shall be maintained in perpetuity; and

(2)

any interest earned on the amounts described in paragraph (1) shall be used in the same manner as interest earned on amounts in the Permanent Fund may be used.

(c)

Waiver of legal claims

As a condition of the transfer under subsection (a), the Tribe shall waive any and all claims arising from the management of the Fund by the United States.

7.

Land consolidation and fractionation reporting

(a)

Inventory

(1)

In general

The Secretary, in consultation with the Tribe, shall prepare an inventory of fractionated land interests held by the United States in trust for the benefit of—

(A)

the Tribe; or

(B)

individual Indians on the Reservation.

(2)

Agricultural purposes

The inventory prepared by the Secretary under this subsection shall include details currently available about fractionated land on the Reservation suitable for agricultural purposes.

(3)

Submission

The Secretary shall submit the inventory prepared under this subsection to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives by not later than 180 days after the date of enactment of this Act.

(b)

Report

(1)

In general

The Secretary, in consultation with the Tribe, shall prepare periodic reports regarding obstacles to consolidating trust land ownership on the Reservation.

(2)

Contents

The reports under this subsection shall include—

(A)

a description of existing obstacles to consolidating trust land ownership, including the extent of fractionation;

(B)

a description of progress achieved by the Tribe toward reducing fractionation and increasing trust land ownership;

(C)

an analysis of progress achieved by the Tribe toward making agricultural use economical on trust land; and

(D)

any applicable outcomes and lessons learned from land consolidation activities undertaken pursuant to the Indian Land Consolidation Act (25 U.S.C. 2201 et seq.).

(3)

Submission

The Secretary shall submit the reports under this subsection to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives not less frequently than once each calendar year for the 5-year period beginning on the date of enactment of this Act.

8.

Eligibility for other Federal benefits

The transfer under section 6 shall not result in the reduction or denial of any Federal service, benefit, or program 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.

9.

Authorization of appropriations

There are authorized to be appropriated to carry out this Act such sums as are necessary.

1.

Short title

This Act may be cited as the Northern Cheyenne Lands Act.

2.

Findings

Congress finds that—

(1)

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 immemorial;

(2)

the Tribe has made supreme and historic sacrifices to repossess and maintain the homeland of the Tribe, including the Reservation of the Tribe in the State of Montana;

(3)

the Tribe suffers from tremendous social and economic challenges, including a lack of employment opportunities on the Reservation, which can be improved by strengthening the control of the Tribe over the land base, natural resources, and trust funds of the Tribe;

(4)

the Tribe seeks a variety of resolutions to outstanding legal obstacles that have prevented the Tribe from consolidating subsurface and surface trust ownership on the Reservation;

(5)

the Tribe and the members of the Tribe are the beneficial owners of more than 95 percent of the surface land of the Reservation and all but approximately 5,000 subsurface acres of the Reservation;

(6)

the Tribe seeks to obtain ownership of approximately 5,000 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 1900;

(7)

in 2002, 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 (6) 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;

(8)

to increase tribal ownership of the surface land, the Tribe has purchased approximately 932 acres of land within the Reservation that were, for various reasons, taken out of trust ownership status;

(9)

the Tribe has purchased approximately 635 acres of land near Bear Butte, South Dakota, which the Tribe considers sacred ground for the members of the Tribe, as well as for members of other Indian tribes;

(10)

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 Tribe;

(11)

the Tribe seeks clarification, consistent with the 1999 settlement with the United States, that the principal of the funds arising from the Northern Cheyenne Indian Reserved Water Rights Settlement Act of 1992 (Public Law 102–374; 106 Stat. 1186; 108 Stat. 707), the earnings from which are paid to the Tribe and managed as the Northern Cheyenne Trust Fund by the Office of Special Trustee, may be transferred to the Northern Cheyenne Tribe Permanent Fund, 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 services; and

(12)

if the conveyances of land and funds authorized under this Act are carried out, 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 States.

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, and delegates of the Secretary, 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 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 land to be taken into trust

(a)

In general

Subject to subsection (b), not later than 60 days after the date of enactment of this Act, the Secretary shall take into trust for the benefit of the Tribe the approximately 932 acres of land depicted on—

(1)

the map entitled Northern Cheyenne Lands Act – Fee-to-Trust Lands and dated April 22, 2014; and

(2)

the map entitled Northern Cheyenne Lands Act – Fee-to-Trust Lands – Lame Deer Townsite and dated April 22, 2014.

(b)

Limitation

Any land located in the State of South Dakota that is included on the maps referred to in paragraphs (1) and (2) of subsection (a) shall not be taken into trust pursuant to that subsection.

5.

Mineral rights to be taken into trust

(a)

Completion of mineral conveyances

(1)

In general

Not later than 60 days after the date on which the Secretary receives the notification described in subsection (c), in a single transaction—

(A)

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 Reservation generally depicted as Great Northern Properties on the map entitled Northern Cheyenne Land Act – Coal Tracts and dated April 22, 2014; and

(B)

subject to paragraph (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 April 22, 2014.

(2)

Requirement

The Secretary shall ensure that the deed for the conveyance authorized by paragraph (1)(B) shall include a covenant running with the land that—

(A)

precludes the coal conveyed from being mined by any method other than underground mining techniques until any surface owner (as defined in section 714(e) of Public Law 95–87 (30 U.S.C. 1304(e))) for a specific tract has provided to Great Northern Properties written consent to enter the specific tract and commence surface mining;

(B)

shall not create any property interest in the United States or any surface owner (as defined in section 714(e) of Public Law 95–87 (30 U.S.C. 1304(e))); and

(C)

shall not affect, abridge, or amend any valid existing rights of any surface owner of a specific tract or any adjacent tracts.

(b)

Treatment of land transferred to Tribe

(1)

In general

At the request of the Tribe, the Secretary shall take into trust for the benefit of the Tribe the mineral interests conveyed to the Tribe under subsection (a)(1)(A).

(2)

No State taxation

The mineral interests conveyed to the Tribe under subsection (a)(1)(A) shall not be subject to taxation by the State (including any political subdivision of the State).

(c)

Revenue sharing agreement

The Tribe shall notify the Secretary, in writing, that—

(1)

consistent with a settlement agreement entered into between the Tribe and the State in 2002, the Tribe and Great Northern Properties have agreed on a formula for sharing revenue from development of the mineral interests described in subsection (a)(1)(B) if those mineral interests are developed;

(2)

the revenue sharing agreement remains in effect as of the date of enactment of this Act; and

(3)

Great Northern Properties has offered to convey the mineral interests described in subsection (a)(1)(A) to the Tribe.

(d)

Waiver of legal claims

As a condition of the conveyances of mineral interests under subsection (a)(1)—

(1)

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 (a)(1)(A), as directed by Congress in 1900; and

(2)

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 (a)(1)(B).

(e)

Rescission of mineral conveyances

If any portion of the mineral interests conveyed under subsection (a)(1) is invalidated by final judgment of a court of the United States—

(1)

not later than 1 year after the date on which the final judgment is rendered, the Secretary or Great Northern Properties may agree to rescind the conveyances under subsection (a)(1); and

(2)

if the conveyances are rescinded under paragraph (1), the waivers under subsection (d) shall no longer apply.

6.

Transfer of Northern Cheyenne Trust Fund to Tribe

(a)

In general

Not later than 30 days after the date of enactment of this Act, all amounts in the Fund shall be deposited in the Permanent Fund.

(b)

Use of amounts

Of the amounts transferred to the Permanent Fund under subsection (a)—

(1)

the portion that is attributable to the principal of the Fund shall be maintained in perpetuity; and

(2)

any interest earned on the amounts described in paragraph (1) shall be used in the same manner as interest earned on amounts in the Permanent Fund may be used.

(c)

Waiver of legal claims

As a condition of the transfer under subsection (a), the Tribe shall waive any and all claims arising from the management of the Fund by the United States.

7.

Land consolidation and fractionation reporting

(a)

Inventory

(1)

In general

The Secretary, in consultation with the Tribe, shall prepare an inventory of fractionated land interests held by the United States in trust for the benefit of—

(A)

the Tribe; or

(B)

individual Indians on the Reservation.

(2)

Agricultural purposes

The inventory prepared by the Secretary under this subsection shall include details currently available about fractionated land on the Reservation suitable for agricultural purposes.

(3)

Submission

The Secretary shall submit the inventory prepared under this subsection to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives by not later than 180 days after the date of enactment of this Act.

(b)

Report

(1)

In general

The Secretary, in consultation with the Tribe, shall prepare periodic reports regarding obstacles to consolidating trust land ownership on the Reservation.

(2)

Contents

The reports under this subsection shall include—

(A)

a description of existing obstacles to consolidating trust land ownership, including the extent of fractionation;

(B)

a description of progress achieved by the Tribe toward reducing fractionation and increasing trust land ownership;

(C)

an analysis of progress achieved by the Tribe toward making agricultural use economical on trust land; and

(D)

any applicable outcomes and lessons learned from land consolidation activities undertaken pursuant to the Indian Land Consolidation Act (25 U.S.C. 2201 et seq.).

(3)

Submission

The Secretary shall submit the reports under this subsection to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives not less frequently than once each calendar year for the 5-year period beginning on the date of enactment of this Act.

8.

Eligibility for other Federal benefits

The transfer under section 6 shall not result in the reduction or denial of any Federal service, benefit, or program 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.

9.

Authorization of appropriations

There are authorized to be appropriated to carry out this Act such sums as are necessary.

August 26, 2014

Reported with an amendment