North Dakota Trust Lands Completion Act of 2023

I 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘North Dakota Trust 4 Lands Completion Act of 2023’’. 5 SEC. 2. FINDINGS. 6 Congress finds that— 7 VerDate Sep 11 2014 02:16 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2405.IH H2405 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 2405 IH (1) in 1889, Congress enacted the North Da- 1 kota Enabling Act ‘‘to provide for the division of 2 Dakota into two States and to enable the people of 3 North Dakota, South Dakota, Montana, and Wash- 4 ington to form constitutions and State governments 5 and to be admitted into the Union on an equal foot- 6 ing with the original States, and to make donations 7 of public lands to such States’’; 8 (2) section 10 of the North Dakota Enabling 9 Act (25 Stat. 679, chapter 180)— 10 (A) with certain exceptions, granted sec- 11 tions 16 and 36 in every township to the new 12 States of North Dakota, South Dakota, Mon- 13 tana, and Washington ‘‘for the support of com- 14 mon schools’’; and 15 (B) in cases where portions of sections 16 16 and 36 had been reserved, granted, or sold 17 prior to those States attaining statehood, au- 18 thorized indemnity or ‘‘in lieu’’ selections; 19 (3) the State of North Dakota was granted 20 land and minerals totaling more than 2,500,000 21 acres under the North Dakota Enabling Act; 22 (4) the North Dakota Enabling Act provided 23 further land grants to the State of North Dakota for 24 VerDate Sep 11 2014 02:16 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2405.IH H2405 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 2405 IH the support of colleges, universities, the State cap- 1 itol, and other public institutions; 2 (5) prior to the enactment of the North Dakota 3 Enabling Act, the United States, through treaties 4 and Executive orders, including the Treaty between 5 the United States of America and the Mandan, 6 Hidatsa, Arikara, and other Tribal Nations, made 7 and concluded at Fort Laramie September 17, 1851 8 (11 Stat. 749), the Treaty between the United 9 States of America and the Sisseton and Wahpeton 10 Bands of Dakota or Sioux Indians, made and con- 11 cluded at Washington February 19, 1867 (15 Stat. 12 505), the Treaty between the United States of 13 America and different Tribes of Sioux Indians, made 14 and concluded at Fort Laramie April 29, 1868 (15 15 Stat. 635), and the Executive order of April 12, 16 1870, established several reservations of land for 17 multiple Indian Tribes located in the State of North 18 Dakota; 19 (6) authorizing the State to relinquish the State 20 land grant parcels located within the reservations 21 and to select other Federal land or minerals in lieu 22 of the relinquished State land grant parcels will— 23 (A) fulfill the promise of land and minerals 24 to the State; and 25 VerDate Sep 11 2014 02:16 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2405.IH H2405 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 2405 IH (B) provide to Indian Tribes greater Tribal 1 sovereignty and control of land and minerals 2 within the reservations; and 3 (7) Congress should authorize the State— 4 (A) to relinquish the land and minerals lo- 5 cated within the reservations; and 6 (B) to select in lieu of the relinquished 7 land other Federal land or minerals in the 8 State of North Dakota of equal value. 9 SEC. 3. DEFINITIONS. 10 In this Act: 11 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 12 means public land and minerals located within the 13 State of North Dakota, including public land that is 14 mineral in character. 15 (2) NORTH DAKOTA ENABLING ACT.—The term 16 ‘‘North Dakota Enabling Act’’ means the Act of 17 February 22, 1889 (25 Stat. 676, chapter 180). 18 (3) PUBLIC LAND.—The term ‘‘public land’’ 19 has the meaning given the term ‘‘public lands’’ in 20 section 103 of the Federal Land Policy and Manage- 21 ment Act of 1976 (43 U.S.C. 1702). 22 (4) RESERVATION.—The term ‘‘reservation’’ 23 means any Indian reservation located wholly or par- 24 tially within the State of North Dakota and recog- 25 VerDate Sep 11 2014 02:16 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2405.IH H2405 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 2405 IH nized under United States treaty, Executive order, 1 or Act of Congress. 2 (5) SECRETARY.—The term ‘‘Secretary’’ means 3 the Secretary of the Interior. 4 (6) STATE.—The term ‘‘State’’ means the State 5 of North Dakota, acting through the North Dakota 6 Board of University and School Lands and its agent, 7 the Department of Trust Lands. 8 (7) STATE LAND GRANT PARCEL.—The term 9 ‘‘State land grant parcel’’ means— 10 (A) a parcel of land granted to the State 11 of North Dakota by Congress— 12 (i) on statehood; or 13 (ii) through a grant pursuant to the 14 North Dakota Enabling Act; 15 (B) a section of land numbered 16 or 36 16 granted to the State of North Dakota by Con- 17 gress for school purposes; 18 (C) a parcel of land selected by the State 19 of North Dakota as indemnity for any section 20 of land numbered 16 or 36; and 21 (D) a parcel of land other than a parcel of 22 land described in subparagraph (A), (B), or (C) 23 obtained by the State after statehood. 24 (8) UNAPPROPRIATED FEDERAL LAND.— 25 VerDate Sep 11 2014 02:16 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2405.IH H2405 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 2405 IH (A) IN GENERAL.—The term ‘‘unappropri- 1 ated Federal land’’ means Federal land under 2 the management and control of the Bureau of 3 Land Management and located within the State 4 of North Dakota. 5 (B) EXCLUSIONS.—The term ‘‘unappropri- 6 ated Federal land’’ does not include— 7 (i) surface interests acquired by the 8 Bureau of Land Management; 9 (ii) any area of critical environmental 10 concern established pursuant to section 11 202(c)(3) of the Federal Land Policy and 12 Management Act of 1976 (43 U.S.C. 13 1712(c)(3)); or 14 (iii) land that is— 15 (I) withdrawn from public entry; 16 (II) located within a unit of the 17 National Park System; 18 (III) located within any reserva- 19 tion; 20 (IV) located within— 21 (aa) T. 147 N., R. 95 W.; 22 (bb) T. 148 N., R. 95 W.; 23 (cc) T. 148 N., R. 96 W.; or 24 (dd) T. 149 N., R. 95 W.; 25 VerDate Sep 11 2014 02:16 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2405.IH H2405 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 2405 IH (V) located within a United 1 States military reservation; or 2 (VI) designated by Congress or 3 the President for conservation pur- 4 poses. 5 SEC. 4. RELINQUISHMENT AND SELECTION; CONVEYANCE. 6 (a) RELINQUISHMENT AND SELECTION.— 7 (1) IN GENERAL.—Subject to valid existing 8 rights, if the State elects to relinquish all right, title, 9 and interest of the State in and to a State land 10 grant parcel located wholly or partially within the 11 boundaries of any reservation, the Secretary shall 12 authorize the State to select in accordance with this 13 Act 1 or more parcels of unappropriated Federal 14 land of substantially equivalent value within the 15 State of North Dakota. 16 (2) APPROVAL.—Not later than 90 days after 17 the date on which the State makes a selection under 18 paragraph (1), the Secretary shall approve or reject, 19 in whole or in part, the selection. 20 (b) CONVEYANCE.— 21 (1) CONVEYANCE BY SECRETARY.— 22 (A) IN GENERAL.—Not later than 60 days 23 after the date on which the Secretary approves 24 a State selection of unappropriated Federal 25 VerDate Sep 11 2014 02:16 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2405.IH H2405 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 2405 IH land under subsection (a)(2), the Secretary 1 shall initiate the actions necessary to convey to 2 the State the unappropriated Federal land. 3 (B) REQUIREMENTS.—Conveyance of Fed- 4 eral land by the Secretary under this Act— 5 (i) shall be by clear list, patent, or 6 deed acceptable to the State; and 7 (ii) shall not be considered a sale, ex- 8 change, or conveyance under section 203, 9 205, 206, or 209 of the Federal Land Pol- 10 icy and Management Act of 1976 (43 11 U.S.C. 1713, 1715, 1716, 1719). 12 (2) RELINQUISHMENT AND CONVEYANCE BY 13 STATE.— 14 (A) IN GENERAL.—As consideration for 15 the conveyance of Federal land under para- 16 graph (1), on the date on which the Federal 17 land is conveyed to the State, the State shall 18 concurrently relinquish and convey to the Sec- 19 retary all right, title, and interest of the State 20 in and to the State land grant parcel identified 21 for relinquishment under subsection (a)(1). 22 (B) TITLE.—The State shall convey to the 23 Secretary title, free of any financial claims, li- 24 VerDate Sep 11 2014 02:16 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2405.IH H2405 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 2405 IH abilities, or other financial encumbrances, to all 1 parcels relinquished under subparagraph (A). 2 (C) LIMITATION.—Relinquishment and 3 conveyance by the State of a State land grant 4 parcel under this Act shall not be considered an 5 exchange or acquisition for purposes of section 6 205 or 206 of the Federal Land Policy and 7 Management Act of 1976 (43 U.S.C. 1715, 8 1716). 9 (c) SUCCESSION TO RIGHTS AND OBLIGATIONS.— 10 Each party to which land is conveyed under this Act shall, 11 to the fullest extent allowable under Federal and State 12 law, succeed to the rights and obligations of the conveying 13 party with respect to any lease, right-of-way, permit, or 14 other valid existing right to which the land is subject. 15 (d) MANAGEMENT AFTER RELINQUISHMENT.— 16 (1) RESERVATION.—If a State land grant par- 17 cel relinquished by the State and conveyed to the 18 Secretary under this Act is located wholly or par- 19 tially within the boundaries of any reservation, on 20 request of the applicable Indian Tribe, the portion of 21 the State land grant parcel located within the 22 boundaries of the reservation shall be— 23 VerDate Sep 11 2014 02:16 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2405.IH H2405 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 2405 IH (A) taken into trust by the Secretary on 1 behalf of, and for the benefit of, the Indian 2 Tribe on the date of the conveyance; and 3 (B) considered to be a part of the reserva- 4 tion of the Indian Tribe. 5 (2) CONSULTATION REQUIRED.—Prior to the 6 conveyance of a State land grant parcel located 7 wholly or partially within the boundaries of any res- 8 ervation, the State and the Secretary shall consult 9 with the Indian Tribe the land of which is subject 10 to conveyance in accordance with Executive Order 11 13175 (25 U.S.C. 5301 note; relating to consulta- 12 tion and coordination with Indian tribal govern- 13 ments). 14 (e) SPECIAL RULES FOR MINERAL LAND.— 15 (1) DEFINITION OF UNAPPROPRIATED FEDERAL 16 LAND SUBJECT TO A LEASE OR PERMIT.—In this 17 subsection, the term ‘‘unappropriated Federal land 18 subject to a lease or permit’’ means unappropriated 19 Federal land subject to a mineral lease or permit 20 that is— 21 (A) issued under the Mineral Leasing Act 22 (30 U.S.C. 181 et seq.); and 23 VerDate Sep 11 2014 02:16 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2405.IH H2405 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 2405 IH (B) in a producing or producible status 1 during the 10-year period following the date of 2 enactment of this Act. 3 (2) SELECTION OF MINERAL LAND.—The State 4 may select, and the Secretary may convey, unappro- 5 priated Federal land that is mineral in character 6 under subsection (b) on the condition that, except as 7 provided in paragraph (3)(A), if the selected land is 8 unappropriated Federal land subject to a lease or 9 permit— 10 (A) the Secretary shall reserve an over- 11 riding interest in the portion of the mineral es- 12 tate that is comprised of minerals subject to 13 leasing under the Mineral Leasing Act (30 14 U.S.C. 181 et seq.); and 15 (B) such a selection shall not include any 16 portion of the mineral lease or permit. 17 (3) CONVEYANCE OF MINERAL ESTATE.— 18 (A) IN GENERAL.—If the State selects un- 19 appropriated Federal land subject to a lease or 20 permit under paragraph (2), on the option of 21 the State— 22 (i) the Secretary may convey with the 23 surface interest in the land the interest in 24 the mineral estate that is comprised of 25 VerDate Sep 11 2014 02:16 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2405.IH H2405 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •HR 2405 IH minerals subject to leasing under the Min- 1 eral Leasing Act (30 U.S.C. 181 et seq.); 2 and 3 (ii) all Federal mining claims over the 4 land shall be converted to State leases in 5 accordance with this paragraph. 6 (B) MINING CLAIMS.—To facilitate the 7 conversion of Federal mining claims to State 8 leases under subparagraph (A), a Federal min- 9 ing claimant may file with the Secretary a vol- 10 untary relinquishment of the Federal mining 11 claim conditioned on— 12 (i) conveyance of the land to the 13 State; and 14 (ii) the conversion of the Federal min- 15 ing claim to a State lease. 16 (C) OBLIGATIONS UNDER FEDERAL 17 LAW.—Until the date on which the land is con- 18 veyed to the State under subparagraph (A), a 19 Federal mining claimant shall be subject to any 20 obligations relating to the land under Federal 21 law. 22 (D) NO RELINQUISHMENT.—If the land 23 previously encumbered by the relinquished Fed- 24 eral mining claim is not conveyed to the State 25 VerDate Sep 11 2014 02:16 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2405.IH H2405 pbinns on DSKJLVW7X2PROD with $$_JOB 13 •HR 2405 IH under subparagraph (A), the relinquishment of 1 land under subparagraph (B) shall have no ef- 2 fect. 3 (E) RIGHTS-OF-WAY; OTHER INTEREST.— 4 On conveyance to the State of land encumbered 5 by a relinquished Federal mining claim under 6 this paragraph, the State shall [Text truncated for display. Full text available on Congress.gov.]