What This Bill Does
This bill allows North Dakota to give up certain state-owned land parcels located on or within Indian reservations. In exchange, the state can select an equal amount of federal public land. If state land is given to the federal government that sits within a reservation, that land can be taken into trust (placed under federal protection) for the benefit of the Indian Tribe upon request.
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Who It Affects
- The state of North Dakota (through its Board of University and School Lands and Department of Trust Lands)
- The Secretary of the Interior (federal government official overseeing the process)
- Indian Tribes with reservations in North Dakota
- People holding grazing leases or permits on affected land
- People or companies with existing rights to the land being exchanged
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Key Provisions
- North Dakota can relinquish state land within reservation boundaries and select replacement federal public land of substantially equal value in exchange (Sec. 3(a))
- The Secretary must approve or reject the state's land selection within 180 days of the selection request (Sec. 3(a)(2))
- State land relinquished within reservation boundaries shall be taken into trust for the Indian Tribe on the date of conveyance if the Tribe requests it (Sec. 3(d)(1))
- The Secretary and state must consult with affected Indian Tribes before conveying any state land located wholly or partially within reservation boundaries (Sec. 3(d)(2))
- Both parties must conduct appraisals to ensure the exchanged land parcels have substantially equal value, or the party conveying lesser value must pay the difference or create a ledger account (Sec. 4)
- Existing grazing permits, leases and contracts must be allowed to continue under their current terms after land is conveyed (Sec. 5(d)(1))
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What Changes
If this law passes, North Dakota gains a process to trade state-owned land sitting on tribal reservations for federal public land elsewhere in the state. Land given back to the federal government within reservation boundaries can become tribal trust land (land held in federal trust specifically for a tribe's benefit). The state and federal government must ensure land exchanges are equal in value. Existing grazing operations continue without interruption during the exchange process.
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Important Definitions
- **Reservation**: Any Indian reservation located wholly or partially within North Dakota and recognized under United States treaty, Executive order, or Act of Congress (Sec. 2(2))
- **Secretary**: The Secretary of the Interior (Sec. 2(3))
- **State**: North Dakota, acting through its Board of University and School Lands and Department of Trust Lands (Sec. 2(4))
- **State land grant parcel**: Land granted to North Dakota by Congress at statehood, through the North Dakota Enabling Act, or land numbered sections 16 or 36 granted for school purposes (Sec. 2(5))
- **Unappropriated Federal land**: Public land managed by the Bureau of Land Management in North Dakota, excluding certain protected areas, military reservations, and land Congress or the President designated for conservation (Sec. 2(6))
- **Take into trust**: When the federal government holds land under its protection specifically for an Indian Tribe's benefit (Sec. 3(d)(1))
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Effective Date
Not specified in bill text
118TH CONGRESS
2D SESSION
S. 1088
AN ACT
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 Representa-
1
tives of the United States of America in Congress assembled,
2
2
† S 1088 ES
SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘North Dakota Trust
2
Lands Completion Act of 2023’’.
3
SEC. 2. DEFINITIONS.
4
In this Act:
5
(1) NORTH DAKOTA ENABLING ACT.—The term
6
‘‘North Dakota Enabling Act’’ means the Act of
7
February 22, 1889 (25 Stat. 676, chapter 180).
8
(2) RESERVATION.—The term ‘‘reservation’’
9
means any Indian reservation located wholly or par-
10
tially within the State of North Dakota and recog-
11
nized under United States treaty, Executive order,
12
or Act of Congress.
13
(3) SECRETARY.—The term ‘‘Secretary’’ means
14
the Secretary of the Interior.
15
(4) STATE.—The term ‘‘State’’ means the State
16
of North Dakota, acting through the North Dakota
17
Board of University and School Lands and its agent,
18
the Department of Trust Lands.
19
(5) STATE LAND GRANT PARCEL.—The term
20
‘‘State land grant parcel’’ means—
21
(A) a parcel of land granted to the State
22
of North Dakota by Congress—
23
(i) on statehood; or
24
(ii) through a grant pursuant to the
25
North Dakota Enabling Act;
26
3
† S 1088 ES
(B) a section of land numbered 16 or 36
1
granted to the State of North Dakota by Con-
2
gress for school purposes;
3
(C) a parcel of land selected by the State
4
of North Dakota as indemnity for any section
5
of land numbered 16 or 36; and
6
(D) a parcel of land other than a parcel of
7
land described in subparagraph (A), (B), or (C)
8
obtained by the State after statehood.
9
(6) UNAPPROPRIATED FEDERAL LAND.—
10
(A) IN GENERAL.—The term ‘‘unappropri-
11
ated Federal land’’ means public land adminis-
12
tered by the Bureau of Land Management lo-
13
cated within the State of North Dakota, includ-
14
ing public land that is mineral in character.
15
(B) EXCLUSIONS.—The term ‘‘unappropri-
16
ated Federal land’’ does not include—
17
(i) land (including an interest in land)
18
acquired by the Bureau of Land Manage-
19
ment;
20
(ii) any area of critical environmental
21
concern established pursuant to section
22
202(c)(3) of the Federal Land Policy and
23
Management Act of 1976 (43 U.S.C.
24
1712(c)(3)); or
25
4
† S 1088 ES
(iii) land that is—
1
(I) withdrawn from—
2
(aa) entry, appropriation, or
3
disposal under the public land
4
laws;
5
(bb) location, entry, and
6
patent under the mining laws; or
7
(cc) disposition under all
8
laws pertaining to mineral and
9
geothermal leasing or mineral
10
materials;
11
(II) located within a component
12
of the National Landscape Conserva-
13
tion System;
14
(III) designated as a Research
15
Natural Area;
16
(IV) located within any reserva-
17
tion;
18
(V) located within—
19
(aa) T. 147 N., R. 95 W.;
20
(bb) T. 148 N., R. 95 W.;
21
(cc) T. 148 N., R. 96 W.; or
22
(dd) T. 149 N., R. 95 W.;
23
(VI) located within a United
24
States military reservation; or
25
5
† S 1088 ES
(VII) designated by Congress or
1
the President for conservation pur-
2
poses.
3
SEC. 3. RELINQUISHMENT AND SELECTION; CONVEYANCE.
4
(a) RELINQUISHMENT AND SELECTION.—
5
(1) IN
GENERAL.—Subject to valid existing
6
rights, if the State elects to relinquish all right, title,
7
and interest of the State in and to a State land
8
grant parcel located wholly or partially within the
9
boundaries of any reservation, the Secretary shall
10
authorize the State to select in accordance with this
11
Act 1 or more parcels of unappropriated Federal
12
land of substantially equivalent value.
13
(2) APPROVAL.—Not later than 180 days after
14
the date on which the State makes a selection under
15
paragraph (1), the Secretary shall approve or reject,
16
in whole or in part, the selection.
17
(3) REVIEW.—Nothing in this subsection pre-
18
cludes the Secretary from conducting an environ-
19
mental review of any parcel proposed for relinquish-
20
ment under paragraph (1) if the Secretary deter-
21
mines that an environmental review is appropriate.
22
(b) CONVEYANCE.—
23
(1) CONVEYANCE BY SECRETARY.—
24
6
† S 1088 ES
(A) IN GENERAL.—Not later than 60 days
1
after the date on which the Secretary approves
2
a State selection of unappropriated Federal
3
land under subsection (a)(2), the Secretary
4
shall initiate the actions necessary to convey to
5
the State the unappropriated Federal land.
6
(B) REQUIREMENTS.—Conveyance of un-
7
appropriated Federal land by the Secretary
8
under this Act—
9
(i) shall be by patent or deed in a
10
form acceptable to the State and the Sec-
11
retary; and
12
(ii) shall not be considered a sale, ex-
13
change, or conveyance for purposes of sec-
14
tion 203, 205, 206, or 209 of the Federal
15
Land Policy and Management Act of 1976
16
(43 U.S.C. 1713, 1715, 1716, 1719).
17
(2) RELINQUISHMENT
AND
CONVEYANCE
BY
18
STATE.—
19
(A) IN
GENERAL.—As consideration for
20
the conveyance of unappropriated Federal land
21
under paragraph (1), on the date on which the
22
unappropriated Federal land is conveyed to the
23
State, the State shall concurrently relinquish
24
and convey to the Secretary all right, title, and
25
7
† S 1088 ES
interest of the State in and to the State land
1
grant parcel identified for relinquishment under
2
subsection (a)(1).
3
(B) TITLE.—The State shall convey to the
4
Secretary title, free of any financial claims, li-
5
abilities, or other financial encumbrances, to all
6
parcels relinquished under subparagraph (A).
7
(C)
LIMITATION.—Relinquishment
and
8
conveyance by the State of a State land grant
9
parcel under this Act shall not be considered an
10
exchange or acquisition for purposes of section
11
205 or 206 of the Federal Land Policy and
12
Management Act of 1976 (43 U.S.C. 1715,
13
1716).
14
(c) SUCCESSION TO RIGHTS AND OBLIGATIONS.—
15
Each party to which land is conveyed under this Act shall,
16
to the fullest extent allowable under Federal and State
17
law, succeed to the rights and obligations of the conveying
18
party with respect to any lease, right-of-way, permit, or
19
other valid existing right to which the land is subject.
20
(d) MANAGEMENT AFTER RELINQUISHMENT.—
21
(1) RESERVATION.—If a State land grant par-
22
cel relinquished by the State and conveyed to the
23
Secretary under this Act is located wholly or par-
24
tially within the boundaries of any reservation, on
25
8
† S 1088 ES
request of the applicable Indian Tribe, the portion of
1
the State land grant parcel located within the
2
boundaries of the reservation shall be—
3
(A) taken into trust by the Secretary on
4
behalf of, and for the benefit of, the Indian
5
Tribe on the date of the conveyance; and
6
(B) considered to be a part of the reserva-
7
tion of the Indian Tribe.
8
(2) CONSULTATION
REQUIRED.—Prior to the
9
conveyance of a State land grant parcel located
10
wholly or partially within the boundaries of any res-
11
ervation, the State and the Secretary shall consult
12
with affected Indian Tribes, including the Indian
13
Tribe the land of which is subject to conveyance in
14
accordance with Executive Order 13175 (25 U.S.C.
15
5301 note; relating to consultation and coordination
16
with Indian tribal governments) and other applicable
17
laws.
18
(e) WITHDRAWAL.—
19
(1) IN GENERAL.—Subject to valid rights in ex-
20
istence on the date of enactment of this Act, all un-
21
appropriated Federal land selected by the State for
22
conveyance under this Act, effective beginning on
23
the date on which the State makes the selection and
24
9
† S 1088 ES
ending on the date described in paragraph (2), is
1
withdrawn from all forms of—
2
(A) entry, appropriation, or disposal under
3
the public land laws;
4
(B) location, entry, and patent under the
5
mining laws; and
6
(C) disposition under all laws pertaining to
7
mineral and geothermal leasing or mineral ma-
8
terials.
9
(2) DATE DESCRIBED.—The date referred to in
10
paragraph (1) is the date on which, as applicable—
11
(A) the unappropriated Federal land is
12
conveyed by the Secretary to the State;
13
(B) the Secretary rejects the selection
14
under subsection (a)(2); or
15
(C) the State withdraws the selection.
16
SEC. 4. VALUATION.
17
(a) EQUAL VALUE.—With respect to a State land
18
grant parcel conveyed under this Act in consideration for
19
a parcel of unappropriated Federal land selected in ac-
20
cordance with this Act—
21
(1) the overall value of the State land grant
22
parcel and the overall value of the parcel of unap-
23
propriated Federal land shall be substantially equal;
24
or
25
10
† S 1088 ES
(2) subject to subsection (c), if the overall value
1
of the parcels is not equal, the party conveying the
2
parcel of lesser value shall—
3
(A) equalize the value by the payment of
4
funds to the other party; or
5
(B) enter the imbalance in value on a ledg-
6
er account in accordance with subsection (e).
7
(b) APPRAISAL REQUIRED.—
8
(1) IN GENERAL.—Except as provided in sub-
9
section (d), the value of the unappropriated Federal
10
land selected in accordance with this Act and the
11
value of a State land grant parcel conveyed under
12
this Act shall be determined by appraisals conducted
13
by 1 or more independent appraisers selected jointly
14
by the Secretary and the State.
15
(2) REQUIREMENTS.—An appraisal under para-
16
graph (1) shall be completed in accordance with—
17
(A) the Uniform Appraisal Standards for
18
Federal Land Acquisitions; or
19
(B) subject to subsection (d)(1), the Uni-
20
form Standards for Professional Appraisal
21
Practice.
22
(c) EQUALIZATION.—With respect to a conveyance to
23
the Secretary of a State land grant parcel of lesser value
24
than the parcel of unappropriated Federal land to be con-
25
11
† S 1088 ES
veyed to the State under this Act, the total value of the
1
equalization payment described in subsection (a)(2)(A) or
2
the ledger entry described in subsection (e), as applicable,
3
may not exceed 25 percent of the total value of the parcel
4
of unappropriated Federal land.
5
(d) LOW VALUE PARCELS.—
6
(1) IN GENERAL.—The Secretary, with the con-
7
sent of the State, may use mass appraisals, a sum-
8
mary appraisal, or a statement of value made by a
9
qualified appraiser carried out in accordance with
10
the Uniform Standards for Professional Appraisal
11
Practice to determine the value of a State land
12
grant parcel or a parcel of unappropriated Federal
13
land to be conveyed under this Act instead of an ap-
14
praisal that complies with the Uniform Appraisal
15
Standards for Federal Land Acquisitions if the
16
State and the Secretary agree that market value of
17
the State land grant parcel or parcel of unappropri-
18
ated Federal land, as applicable, is—
19
(A) less than $500,000; and
20
(B) less than $500 per acre.
21
(2) DIVISION.—A State land grant parcel or a
22
parcel of unappropriated Federal land may not be
23
artificially divided in order to qualify for a summary
24
12
† S 1088 ES
appraisal, mass appraisal, or statement of value
1
under paragraph (1).
2
(e) LEDGER ACCOUNTS.—
3
(1) IN GENERAL.—With respect to a State land
4
grant parcel conveyed under this Act in consider-
5
ation for a parcel of unappropriated Federal land, if
6
the overall value of the parcels is not equal, the Sec-
7
retary and the State may agree to use a ledger ac-
8
count to make equal the value.
9
(2) IMBALANCES.—A ledger account described
10
in paragraph (1) shall reflect imbalances in value to
11
be reconciled in a subsequent transaction.
12
(3) ACCOUNT
BALANCING.—Each ledger ac-
13
count described in paragraph (1) shall be—
14
(A) balanced not later than 3 years after
15
the date on which the ledger account is estab-
16
lished; and
17
(B) closed not later than 5 years after the
18
date of the last conveyance of land under this
19
Act.
20
(4) COSTS.—
21
(A) IN GENERAL.—The Secretary or the
22
State may assume costs or other responsibilities
23
or requirements for conveying land under this
24
13
† S 1088 ES
Act that ordinarily are borne by the other
1
party.
2
(B) ADJUSTMENT.—If the Secretary or the
3
State assume costs or other responsibilities
4
under subparagraph (A), the Secretary or the
5
State shall make adjustments to the value of
6
the unappropriated Federal land conveyed to
7
the State to compensate the Secretary or the
8
State, as applicable, for assuming the costs or
9
other responsibilities.
10
(5) MINERAL LAND.—If value is attributed to
11
any parcel of unappropriated Federal land that has
12
been selected by the State because of the presence
13
of minerals under a lease entered into under the
14
Mineral Leasing Act (30 U.S.C. 181 et seq.) that is
15
in a producing or producible status, and the lease is
16
to be conveyed under this Act, the value of the par-
17
cel shall be reduced by the amount that represents
18
the likely Federal revenue sharing obligation under
19
the Mineral Leasing Act (30 U.S.C. 181 et seq.)
20
with the State, but the adjustment shall not be con-
21
sidered as reflecting a property right of the State.
22
14
† S 1088 ES
SEC. 5. MISCELLANEOUS.
1
(a) IN GENERAL.—Land or minerals conveyed under
2
this Act shall be subject to all applicable Federal, State,
3
and Tribal law.
4
(b) PROTECTION OF INDIAN RIGHTS.—
5
(1) TREATY
RIGHTS.—Nothing in this Act
6
modifies, limits, expands, or otherwise affects any
7
treaty-reserved right or other right of any Indian
8
Tribe recognized by any other means, including trea-
9
ties or agreements with the United States, Executive
10
orders, statutes, regulations, or case law.
11
(2) LAND
OR
MINERALS
HELD
IN
TRUST.—
12
Nothing in this Act affects—
13
(A) land or minerals held in trust by the
14
United States as of the date of enactment of
15
this Act on behalf of, and for the benefit of, any
16
Indian Tribe; or
17
(B) any individual Indian allotment.
18
(c) HAZARDOUS MATERIALS.—
19
(1) IN GENERAL.—The Secretary and the State
20
shall make available for review and inspection any
21
record relating to hazardous materials on land to be
22
conveyed under this Act.
23
(2) CERTIFICATION.—
24
(A) IN GENERAL.—Prior to completing a
25
conveyance of unappropriated Federal land
26
15
† S 1088 ES
under this Act, the Secretary shall complete an
1
inspection and a hazardous materials certifi-
2
cation of the land to be conveyed.
3
(B) STATE LAND GRANT PARCELS.—Prior
4
to completing a conveyance of a State land
5
grant parcel under this Act, the State shall
6
complete an inspection and a hazardous mate-
7
rials certification of the land to be conveyed.
8
(d) GRAZING PERMITS.—
9
(1) IN GENERAL.—
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