[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5200 Engrossed in House (EH)]

103d CONGRESS
  2d Session
                                H. R. 5200

_______________________________________________________________________

                                 AN ACT


 
To resolve the 107th meridian boundary dispute between the Crow Indian 
                      Tribe and the United States.

    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 ``Crow Boundary Settlement Act of 
1994''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Under the treaty between the United States of America 
        and the Crow Tribe of Indians concluded May 7, 1868 (commonly 
        known as the ``Fort Laramie Treaty of 1868''; 15 Stat. 649), 
        the eastern boundary of the Crow Indian Reservation was 
        established as the 107th meridian for approximately 90 miles 
        from the Yellowstone River to the boundary between Montana and 
        Wyoming.
            (2) Under Executive orders issued in 1884 and 1900, the 
        western boundary of the Northern Cheyenne Reservation was 
        established as the 107th meridian. The 107th meridian was 
        intended to be the common boundary between the Crow Reservation 
        and Northern Cheyenne Reservation for approximately 25 miles.
            (3) From 1889 through 1891, a survey was conducted of the 
        eastern boundary of the Crow Reservation. The 1891 survey line 
        strayed to the west, and resulted in the exclusion from the 
        Crow Indian Reservation of a strip of land of approximately 
        36,164 acres. Approximately 12,964 acres of such strip of land 
        were included in the Northern Cheyenne Reservation. Deposits of 
        low sulphur coal underlie the land excluded from the Crow 
        Indian Reservation, including the land included in the Northern 
        Cheyenne Indian Reservation.
            (4)(A) The erroneous nature of the survey was not 
        discovered for several decades. Meanwhile, the areas along the 
        107th meridian to the north and south of the Northern Cheyenne 
        Indian Reservation were opened to settlement in the late 
        nineteenth century and early part of the twentieth century. 
        Patents were issued to non-Indian persons and to the State of 
        Montana for most of the surface land and a significant portion 
        of the minerals in these areas between the 107th meridian and 
        the 1891 survey line.
            (B) The 12,964 acres included in the Northern Cheyenne 
        Reservation have been treated as part of the Northern Cheyenne 
        Reservation and occupied by the Northern Cheyenne Tribe and the 
        Northern Cheyenne allottees, and their successors in interest.
            (5) Legislation to resolve the 107th meridian boundary 
        dispute was introduced in Congress in the 1960's and 1970's, 
        and again in 1992, but no such legislation was enacted into 
        law.
    (b) Purpose.--The purpose of this Act is to settle the 107th 
meridian boundary dispute created by the erroneous survey of the 
eastern boundary of the Crow Indian Reservation made by the Federal 
Government described in subsection (a)(3).

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Crow tribe.--The term ``Crow Tribe'' means the Crow 
        Tribe of Indians, the duly recognized governing body of the 
        Crow Indian Reservation.
            (2) Disputed area.--The term ``disputed area'' means the 
        approximately 36,164 acres of land, including the minerals, 
        located between the 107th meridian on the east and the 1891 
        survey line on the west from the Yellowstone River on the north 
        to the boundary between the State of Wyoming and the State of 
        Montana on the south.
            (3) 1891 survey.--The term ``1891 survey'' means the survey 
        of the eastern boundary of the Crow Reservation conducted by 
        the United States Government from 1889 through 1891.
            (4) 1891 survey line.--The term ``1891 survey line'' means 
        the erroneous boundary line resulting from the survey of the 
        107th meridian which was completed in 1891.
            (5) Northern cheyenne tribe.--The term ``Northern Cheyenne 
        Tribe'' means the Northern Cheyenne Tribe of Indians, with the 
        Northern Cheyenne Tribal Council as the duly recognized 
        governing body of the Northern Cheyenne Indian Reservation.
            (6) 107th meridian boundary dispute.--The term ``107th 
        meridian boundary dispute'' means the dispute resulting from 
        the disparity between the location of the 107th meridian and 
        the location of the 1891 survey line.
            (7) 107th meridian escrow fund.--The term ``107th meridian 
        escrow fund'' means the revenues that arise from, or are 
        derived from, parcel number 2, including all accrued interest 
        on such revenues, which are held by the Bureau of Indian 
        Affairs in an escrow account as of the date of enactment of 
        this Act.
            (8) Parcel number 1.--The term ``parcel number 1'' means 
        the area, encompassing approximately 11,317 acres, bounded on 
        the south by the Montana-Wyoming border, on the east by the 
        107th meridian, on the north by the extension to the west of 
        the southern boundary of the Northern Cheyenne Indian 
        Reservation, and on the west by the 1891 survey line.
            (9) Parcel number 2.--The term ``parcel number 2'' means 
        the area, encompassing approximately 12,964 acres, bounded on 
        the south by the extension to the west of the southern boundary 
        of the Northern Cheyenne Indian Reservation, on the east by the 
        107th meridian, on the north by the extension to the west of 
        the northern boundary of the Northern Cheyenne Indian 
        Reservation, and on the west by the 1891 survey line.
            (10) Parcel number 3.--The term ``parcel number 3'' means 
        the area, encompassing approximately 2,469 acres, bounded on 
        the south by the extension to the west of the northern boundary 
        of the Northern Cheyenne Indian Reservation, on the east by the 
        107th meridian, on the north by the northern boundary of the 
        Crow Indian Reservation, and on the west by the 1891 survey 
        line.
            (11) Parcel number 4.--The term ``parcel number 4'' means 
        the area, encompassing approximately 9,415 acres, bounded on 
        the south by the northern boundary of the Crow Indian 
        Reservation, on the east by the 107th meridian, on the north by 
        the midpoint of the Yellowstone River, and on the west by the 
        1891 survey line.
            (12) Public lands.--The term ``public lands'' means any 
        land or interest in land owned by the United States (without 
        regard to the means by which the United States acquired 
        ownership of the land or interest in land) and administered by 
        the Secretary through the Bureau of Land Management.
            (13) Royalties received and retained by the united 
        states.--The term ``royalties received and retained by the 
        United States'' means the royalties derived from minerals owned 
        by the United States that the United States retains after all 
        payments from the royalties have been made to the State of 
        Montana or any unit of local government of the State of 
        Montana.
            (14) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (15) Settlement agreement.--The term ``Settlement 
        Agreement'' means the agreement between the Secretary, on 
        behalf of the United States and the Crow Tribe, that provides 
        for the resolution of all claims held by the Crow Tribe arising 
        from the 107th meridian boundary dispute.
            (16) Undisposed of coal.--The term ``undisposed of coal'' 
        means coal that has not been conveyed to private parties or to 
        the State of Montana by the United States.
            (17) Undisposed of surface lands.--The term ``undisposed of 
        surface lands'' means surface land that has not been conveyed 
        to private parties or to the State of Montana by the United 
        States.
            (18) Undisposed of oil, gas, coal methane, or other 
        minerals.--The term ``undisposed of oil, gas, coal methane, or 
        other minerals'' means oil, gas, coal methane, or other 
        minerals (excluding coal) that have not been conveyed to 
        private parties or to the State of Montana by the United 
        States.

SEC. 4. SETTLEMENT AGREEMENT.

    (a) Execution of the Settlement Agreement.--Subject to the terms 
and conditions of this Act, the Secretary shall enter into the 
Settlement Agreement with the Crow Tribe.
    (b) Ratification of the Settlement Agreement.--Subject to the 
conditions set forth in section 9(a), the United States hereby 
approves, ratifies, and confirms the Settlement Agreement, to the 
extent that such Settlement Agreement does not conflict with this Act.
    (c) Modification of the Settlement Agreement.--The terms and 
conditions of the Settlement Agreement may be modified by mutual 
agreement of the Crow Tribe and the Secretary if such modification--
            (1) is not inconsistent with this Act; and
            (2) does not diminish or impair any right or benefit 
        secured to the Northern Cheyenne Tribe, the Northern Cheyenne 
        allottees, or their successors in interest by or pursuant to 
        any provision of this Act.
    (d) Enforcement of the Settlement Agreement.--
            (1) In general.--Except as provided in paragraph (2), the 
        Settlement Agreement shall be subject to the enforcement 
        provisions under chapter 7 of title 5, United States Code.
            (2) Additional enforcement.--If, with respect to the 
        enforcement of the Settlement Agreement, the remedies available 
        under the provisions referred to in paragraph (1) do not 
        provide adequate or complete relief, the Settlement Agreement 
        shall be subject to the enforcement provisions under section 
        1505 of title 28, United States Code.

SEC. 5. SETTLEMENT TERMS AND CONDITIONS AND EXTINGUISHMENT OF CLAIMS.

    (a) Property Within Parcel Number 1.--
            (1) In general.--With respect to the property within parcel 
        number 1, the following provisions shall apply:
                    (A) The boundary of the Crow Indian Reservation 
                shall be the 107th meridian.
                    (B) Title to the undisposed of coal of such parcel 
                shall be vested in the United States in trust for the 
                sole use and benefit of the Crow Tribe and shall be 
                recognized as part of the Crow Indian Reservation.
                    (C) Title to the undisposed of surface lands of 
                such parcel shall be vested in the United States in 
                trust for the sole use and benefit of the Crow Tribe 
                and shall be recognized as part of the Crow Indian 
                Reservation.
                    (D) Title to the undisposed of oil, gas, coal 
                methane, or other minerals of such parcel shall be 
                vested in the United States in trust for the sole use 
                and benefit of the Crow Tribe and shall be recognized 
                as part of the Crow Indian Reservation.
            (2) Prohibition.--Nothing in this Act or the Settlement 
        Agreement may alter, diminish, disturb, or cause to be divested 
        any right, title, or interest of any person or entity in any 
        land, coal, oil, gas, coal methane, or mineral within parcel 
        number 1 that is based on the 1891 survey line, except for the 
        specific rights that are vested in the United States for the 
        sole use and benefit of the Crow Tribe pursuant to 
        subparagraphs (B) through (D) of paragraph (1).
            (3) Waivers and releases.--The following waivers and 
        releases shall be included in the Settlement Agreement:
                    (A) A disclaimer and relinquishment by the Crow 
                Tribe of all right, title, claim, or interest in all 
                the land and minerals within parcel number 1, except 
                for the rights, titles, and interests recognized as 
                beneficially owned by the Crow Tribe and as part of the 
                Crow Indian Reservation in subparagraphs (B) through 
                (D) of paragraph (1).
                    (B) A release by the Crow Tribe of all persons and 
                entities, including the United States, from any 
                liability arising from, or related to, the 1891 survey 
                and the subsequent occupancy and use of parcel number 
                1.
    (b) Property Within Parcel Number 2.--
            (1) In general.--With respect to the property within parcel 
        number 2, the following provisions shall apply:
                    (A) The boundary between the Crow and Northern 
                Cheyenne Indian Reservations shall be the 1891 survey 
                line.
                    (B) All surface lands and minerals of such parcel 
                shall constitute part of the Northern Cheyenne 
                Reservation.
                    (C) All surface lands, including all rights 
                appurtenant to the surface lands, of such parcel shall 
                be vested in the United States in trust for the sole 
                use and benefit of the Northern Cheyenne Tribe, except 
                that surface lands that have been allotted shall be 
                recognized as held in trust for, or owned in fee by (as 
                the case may be), the Northern Cheyenne allottees or 
                their successors in interest.
                    (D) The oil, gas, coal, coal methane, and other 
                minerals, including all rights appurtenant to such 
                minerals, of such parcel shall be vested in the United 
                States in trust for the sole use and benefit of the 
                Northern Cheyenne Tribe.
            (2) Waivers and releases.--The following waivers and 
        releases shall be included in the Settlement Agreement:
                    (A) A disclaimer and relinquishment by the Crow 
                Tribe of all right, jurisdiction, title, claim, or 
                interest in the lands and minerals within parcel number 
                2, including all rights appurtenant to such land and 
                minerals.
                    (B) A release by the Crow Tribe of all persons and 
                entities, including the United States, the Northern 
                Cheyenne Tribe, the Northern Cheyenne allottees and 
                their successors in interest, from any liability 
                arising from, or related to, the 1891 survey and the 
                subsequent occupancy and use of parcel number 2.
            (3) Enforcement.--The provisions of subsection (b) may be 
        enforced, in law or in equity, by the Northern Cheyenne Tribe, 
        Northern Cheyenne allottees, and their successors in interest, 
        in accordance with their respective interests.
    (c) Property Within Parcel Number 3 and Parcel Number 4.--
            (1) In general.--With respect to the property within parcel 
        number 3 and parcel number 4, the boundary of the Crow Indian 
        Reservation shall be the 1891 survey line.
            (2) Prohibition.--Nothing in this Act or the Settlement 
        Agreement may alter, diminish, disturb, or cause to be divested 
        any right, title, or interest of any person or entity in any 
        land, coal, or mineral within parcel number 3 or parcel number 
        4 that is based on the 1891 survey line.
            (3) Waivers and releases.--The following waivers and 
        releases shall be included in the Settlement Agreement:
                    (A) A disclaimer and relinquishment by the Crow 
                Tribe of all right, jurisdiction, title, claim, or 
                interest in the lands and minerals situated within 
                parcel number 3 and parcel number 4.
                    (B) A release by the Crow Tribe of all persons and 
                entities, including the United States, from any 
                liability arising from, or related to, the 1891 survey 
                and the subsequent occupancy and use of parcel number 3 
                and parcel number 4.
    (d) Exchange of Public Lands.--With respect to the land exchanges 
with the State of Montana and private landowners made under this Act 
the following provisions shall apply:
            (1) In general.--(A) The Secretary shall negotiate with the 
        State of Montana for the purpose of exchanging public lands 
        within the State of Montana for State trust lands within the 
        Crow Reservation having a total value substantially equal to 
        the value of the surface estate of the approximately 46,625 
        acres of State trust lands obtained by the State of Montana 
        pursuant to the Act of February 22, 1889 (commonly known as the 
        ``Montana Enabling Act''; 25 Stat. 676, chapter 180), and the 
        Act entitled ``An Act to provide for the allotment of lands of 
        the Crow Tribe for the distribution of tribal funds and for 
        other purposes'' approved June 4, 1920 (commonly known as the 
        ``Crow Allotment Act''; 41 Stat. 751, chapter 224) within the 
        Crow Indian Reservation and the disputed area.
            (B) The exchange described in subparagraph (A) shall be in 
        accordance with the exchange procedures set forth in section 
        206 of the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1716).
            (C) In determining the fair market value of the lands 
        described in subparagraph (A), the parties to the exchange 
        shall give due consideration to the value of improvements on 
        the lands.
            (D) The Secretary shall ensure that lands exchanged 
        pursuant to this paragraph as part of the settlement of the 
        107th Meridian boundary dispute made pursuant to this Act shall 
        be selected in such manner that the financial impact on local 
        governments, if any, will be minimized.
            (E) The Secretary shall provide such financial or other 
        assistance to the State of Montana and to the Crow Tribe as may 
        be necessary to obtain the appraisals, and to satisfy 
        administrative requirements, necessary to accomplish the 
        exchanges made pursuant to subparagraph (A).
            (F) Upon approving an exchange made pursuant to this 
        paragraph, the Secretary shall--
                    (i) receive title to the State trust lands involved 
                in the exchange on behalf of the United States; and
                    (ii) transfer title to the public lands disposed of 
                pursuant to the exchanges with the State of Montana by 
                such means of conveyance as the Secretary considers 
                appropriate.
            (G) Title to the State trust lands acquired pursuant to the 
        exchanges made with the State of Montana pursuant to this 
        paragraph shall be vested in the United States in trust for the 
        sole use and benefit of the Crow Tribe and shall be recognized 
        as part of the Crow Indian Reservation.
            (2) Requirement for exchanges.--(A) In carrying out the 
        exchanges with the State of Montana pursuant to paragraph (1), 
        the Secretary shall, during a period of at least 5 years 
        beginning on the date on which the Settlement Agreement becomes 
        effective, give first priority to the exchange of public lands 
        within the State of Montana for State trust lands owned by the 
        State of Montana as of the date of the enactment of this Act.
            (B) Subject to subparagraph (C), if, for any reason, after 
        the expiration of the period specified in subparagraph (A), the 
        exchanges of the State trust lands identified in paragraph (1) 
        have not provided the Crow Tribe with a total of 46,625 acres 
        of surface lands within the boundaries of the existing Crow 
        Indian Reservation (including parcel number 1), the Secretary 
        shall, at the request of, and in cooperation with, the Crow 
        Tribe, develop and implement a program to provide the Crow 
        Tribe with additional land within the Crow Indian Reservation 
        (including parcel number 1) through land exchanges with private 
        landowners.
            (C) The total value of--
                    (i) the value of the lands exchanged and acquired 
                for the Crow Tribe pursuant to paragraph (1), and
                    (ii) the value of the lands exchanged and acquired 
                for the Crow Tribe pursuant to this paragraph,
        shall not exceed the value of the surface estate of the 46,625 
        acres of land identified in paragraph (1)(A).
            (D) In carrying out a program developed pursuant to this 
        paragraph, the Secretary may exchange public lands within the 
        State of Montana for private lands of substantially equal value 
        within the boundaries of the existing Crow Indian Reservation 
        in accordance with section 206 of the Federal Land Policy 
        Management Act of 1976 (43 U.S.C. 1716).
            (E) In determining the fair market value of the lands 
        described in subparagraph (D), the parties to an exchange made 
        pursuant to subparagraph (D) shall give due consideration to 
        the value of improvements on the lands.
            (F) If the Secretary obtains private lands pursuant to 
        subparagraph (D), the Secretary shall transfer title to such 
        lands to the Crow Tribe.
            (G) Title to any private or public lands transferred to the 
        Crow Tribe pursuant to this paragraph shall--
                    (i) be vested in the United States in trust for the 
                sole use and benefit of the Crow Tribe; and
                    (ii) be recognized as part of the Crow Indian 
                Reservation, if such lands are located within the 
                boundaries of the Crow Indian Reservation.
            (H) The Crow Tribe shall assist in obtaining prospective 
        willing parties to exchange private lands within the Crow 
        Indian Reservation for public lands within the State of Montana 
        pursuant to this paragraph.
    (e) Crow Tribal Trust Fund.--The Settlement Agreement shall include 
provisions governing the distribution of interest income to the Crow 
Tribe from the Crow Tribal Trust Fund pursuant to the terms and 
conditions described in section 6.

SEC. 6. ESTABLISHMENT AND ADMINISTRATION OF CROW TRIBAL TRUST FUND.

    (a) Establishment of Crow Tribal Trust Fund.--
            (1) In general.--There is established in the Treasury of 
        the United States a trust fund to be known as the ``Crow Tribal 
        Trust Fund''.
            (2) Availability of amounts in the crow tribal trust 
        fund.--Amounts in the Crow Tribal Trust Fund shall be 
        available, without fiscal year limitation, to the Secretary for 
        distribution to the Crow Tribe in accordance with subsection 
        (d).
    (b) Contributions to Crow Tribal Trust Fund.--
            (1) In general.--Subject to paragraph (2) and the 
        requirements of section 10--
                    (A) on or before November 30, 1994, the Secretary 
                of the Treasury shall deposit into the Crow Tribal 
                Trust Fund an amount equal to the amounts of royalties 
                received and retained by the United States during 
                fiscal year 1994 from the East Decker, West Decker, and 
                Spring Creek coal mines; and
                    (B) commencing with fiscal year 1995 and for such 
                period thereafter as may be necessary, the Secretary 
                and the Secretary of the Treasury shall make necessary 
                and proper arrangements for the monthly payment, 
                transfer, or deposit (or any combination thereof) into 
                the Crow Tribal Trust Fund of the royalties received 
                and retained by the United States for the immediately 
                preceding month from the East Decker, West Decker, and 
                Spring Creek coal mines in the State of Montana for the 
                life of such mines, including any extensions of the 
                existing leases for such mines and any expansions of 
                such mines to nearby and adjacent federally owned coal 
                deposits, as specified in the Settlement Agreement.
            (2) Amount of royalties.--The total amount of royalties 
        described in paragraph (1) that are paid, transferred, or 
        deposited into the Crow Tribal Trust Fund shall not exceed, in 
        the aggregate, $85,000,000, excluding--
                    (A) any interest earned on moneys in the Crow 
                Tribal Trust Fund; and
                    (B) the funds transferred to the Suspension 
                Accounts pursuant to section 10.
            (3) Payments of royalties received and retained by the 
        united states.--Subject to paragraph (2) and the requirements 
        of section 10, the royalties received and retained by the 
        United States from the East Decker, West Decker, and Spring 
        Creek coal mines shall be paid, transferred or deposited into 
        the Crow Tribal Trust Fund not later than 30 days after the 
        date on which the royalties are due and paid.
            (4) Additional payments.--The Federal Government shall make 
        payments, in addition to the payments referred to in paragraph 
        (3), from the royalties received and retained by the United 
        States from other coal mines within the State of Montana into 
        the Crow Tribal Trust Fund in an amount equal to any lost 
        interest income (as determined by the Secretary), if any 
        portion of the sums described in paragraph (3) are not paid, 
        transferred or deposited into the Crow Tribal Trust Fund within 
        the 30-day period prescribed in paragraph (3).
    (c) Investment.--At the request of the Secretary, the Secretary of 
the Treasury shall invest all sums deposited into, accruing to, and 
remaining in, the Crow Tribal Trust Fund in accordance with the Act of 
February 12, 1929 (45 Stat. 1164, chapter 178; 25 U.S.C. 161a).
    (d) Distribution of Interest.--
            (1) In general.--Only the interest received on funds in the 
        Crow Tribal Trust Fund shall be available for distribution by 
        the Secretary to the Crow Tribe for use for education, land 
        acquisition, economic development, youth and elderly programs 
        or other tribal purposes in accordance with plans and budgets 
        developed and approved by the Crow Tribe and approved by the 
        Secretary.
            (2) Requirements for distribution of interest.--Commencing 
        with fiscal year 1996 and for each fiscal year thereafter, 
        without fiscal year limitation, the interest received on monies 
        in the Crow Tribal Trust Fund shall be available for 
        distribution under this subsection only if--
                    (A) the United States and the Crow Tribe enter into 
                the Settlement Agreement; and
                    (B) the requirements of section 9 relating to the 
                approval and execution of the Settlement Agreement are 
                satisfied.
            (3) Prohibition.--No portion of the Crow Tribal Trust Fund 
        or the interest earned on the Crow Tribal Trust Fund may be 
        distributed to members of the Crow Tribe on a per capita basis.
    (e) Use of Interest for Economic Development.--Notwithstanding any 
other provision of law, the Crow Tribe may, subject to approval by the 
Secretary, assign the right of the Crow Tribe to the interest earned on 
monies in the Crow Tribal Trust Fund to a third party in connection 
with loans made for economic development projects on or near the Crow 
Indian Reservation.
    (f) Limitation.--Notwithstanding any other provision of law, no 
portion of the principal of the Crow Tribal Trust Fund shall be 
available for withdrawal or disbursement or used for any purpose other 
than the purposes specified in this section and section 10.

SEC. 7. ELIGIBILITY FOR OTHER FEDERAL SERVICES; TAX EXEMPTION.

    No payments made or benefits conferred pursuant to this Act shall 
result in the reduction or denial of any Federal services or programs 
to any tribe or to any member of a tribe to which the tribe or member 
of the tribe is entitled or eligible because of the status of the tribe 
as a federally recognized Indian tribe or the status of a member of 
such tribe as a member.

SEC. 8. EXCHANGES OF LAND OR MINERALS.

    (a) In General.--(1) Subject to approval by the Secretary, the Crow 
Tribe may exchange any land or minerals to which its title is 
recognized in or obtained pursuant to this Act for other land or 
minerals of substantially equivalent value within the Crow Indian 
Reservation (including parcel number 1).
    (2) Lands or minerals received by the Crow Tribe in any exchange 
made pursuant to paragraph (1) shall be--
            (A) vested in the United States in trust for the sole use 
        and benefit of the Crow Tribe; and
            (B) recognized as part of the Crow Indian Reservation.
    (b) Ownership by Non-Indians.--Any land or minerals received by a 
person who is not an Indian in an exchange referred to in subsection 
(a) shall be owned in fee.

SEC. 9. APPLICABILITY.

    (a) In General.--The Act shall take effect upon the occurrence of 
the following conditions:
            (1) The Settlement Agreement is approved and executed by 
        the Secretary.
            (2) The Settlement Agreement is approved and executed by 
        the Crow Tribe.
            (3) The Settlement Agreement and the releases and waivers 
        required by section 5 are approved and duly executed by the 
        Crow Tribe in accordance with the requirements and procedures 
        set forth in the constitution of the Crow Tribe.
            (4) The Settlement Agreement becomes effective in 
        accordance with the terms and conditions specified in the 
        Settlement Agreement.
    (b) Approval of Releases and Waivers.--The United States hereby 
approves and confirms the releases and waivers required by section 5.

SEC. 10. ESCROW FUNDS.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act, the Secretary shall make distributions from the 107th 
meridian escrow fund as follows:
            (1) One-half of the fund shall be distributed to the Crow 
        Tribe.
            (2) One-half of the fund shall be distributed to the 
        Northern Cheyenne Tribe.
            (3) The receipt and acceptance by a tribe of funds 
        distributed under this section shall be deemed to be--
                    (A) a disclaimer, relinquishment and waiver by such 
                tribe of all right, claim or interest in the 107th 
                meridian escrow fund; and
                    (B) a release by such tribe of all persons and 
                entities, including the United States, from any 
                liability arising from, or related to, the 
                establishment and administration of the 107th meridian 
                escrow fund.
    (b) Establishment of Suspension Accounts.--As soon as practicable 
after the Settlement Agreement is executed and approved pursuant to 
this Act, the Secretary of the Treasury shall establish in the Treasury 
of the United States two interest bearing accounts to be known 
respectively as the ``Crow Tribal Suspension Account'' and the 
``Northern Cheyenne Tribal Suspension Account'' (collectively referred 
to in this subsection as the ``Suspension Accounts''), consisting of--
            (1) such amounts as are transferred to the Suspension 
        Accounts under subsection (c); and
            (2) any interest earned on investments of amounts in the 
        Suspension Accounts under subsection (e).
    (c) Contributions to the Suspension Accounts.--
            (1) In general.--Beginning with fiscal year 1995, and 
        ending on the date on which the total amount deposited pursuant 
        to this subsection into the Suspension Accounts is equal to 
        $200,000 for each such account (as specified in subsection 
        (d)), the Secretary and the Secretary of the Treasury shall 
        make necessary and proper arrangements for the monthly payment, 
        transfer, or deposit (or any combination thereof) into each of 
        the Suspension Accounts of an amount equal to one-half of the 
        royalties received and retained by the United States for the 
        immediately preceding month, as determined in accordance with 
        section 6(b)(1), by the date specified under section 6(b)(3).
            (2) Subsequent deposits.--At such time as the amount 
        deposited pursuant to this subsection into the Suspension 
        Accounts is equal to $200,000 for each such account (as 
        specified in subsection (d)), in accordance with section 
        6(b)(1), the Secretary and the Secretary of the Treasury shall 
        thereafter deposit any remaining amounts determined under 
        section 6(b)(1) in the Crow Tribal Trust Fund established under 
        section 6(a).
    (d) Limitation.--The Secretary and the Secretary of the Treasury 
shall not transfer more than a total amount equal to $200,000 to each 
of the Suspension Accounts from the amounts determined under section 
6(b)(1).
    (e) Investment.--All sums deposited in, accruing to and remaining 
in the Suspension Accounts shall be invested by the Secretary and the 
Secretary of the Treasury in interest bearing deposits and securities 
in accordance with the Act of June 24, 1938 (52 Stat. 1037, chapter 
648; 25 U.S.C. 162a).
    (f) Withdrawals and Termination.--
            (1) In general.--(A) Beginning on the date that is 5 years 
        after the date of enactment of this Act, the Crow Tribe and the 
        Northern Cheyenne Tribe may each submit a duly authorized 
        request to the Secretary for the withdrawal of all of the funds 
        from the Suspension Account of the tribe established under 
        subsection (b).
            (B) Not later than 60 days after receiving a request for 
        the distribution of funds from a Suspension Account made by a 
        tribe under subparagraph (A)--
                    (i) the Secretary shall, in cooperation with the 
                Secretary of the Treasury, withdraw and distribute such 
                funds in accordance with such request; and
                    (ii) the Secretary of the Treasury shall terminate 
                the Suspension Account.
            (2) Other means of termination.--With respect to a 
        Suspension Account established under subsection (b) that is not 
        terminated pursuant to paragraph (1), at such time as the 
        corpus and the accrued interest of the Suspension Account of 
        the Crow Tribe or the Northern Cheyenne Tribe is approximately 
        equal to the amount specified in paragraph (1) or (2) of 
        subsection (a), the Secretary of the Treasury shall terminate 
        the Suspension Account and the Secretary of the Interior shall 
        distribute the funds from the Suspension Account to the tribe.

SEC. 11. FORT LARAMIE TREATY OF 1868.

    Except for the adjustment to the eastern boundary of the Crow 
Indian Reservation, nothing in this Act or in the Settlement Agreement 
shall affect or modify the terms and conditions of the treaty between 
the United States of America and the Crow Tribe of Indians concluded 
May 7, 1868 (commonly known as the ``Fort Laramie Treaty of 1868''; 15 
Stat. 649).

SEC. 12. SATISFACTION OF CLAIMS.

    The benefits available to the Crow Tribe under the terms and 
conditions of this Act and the Settlement Agreement shall constitute 
full and complete satisfaction of all claims by the Crow Tribe and the 
members of the Crow Tribe arising from or related to the erroneous 
survey of the 107th meridian described in section 2(a)(3).

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Department of the 
Interior such sums as are necessary to carry out this Act.

            Passed the House of Representatives October 7 (legislative 
      day, October 6), 1994.

            Attest:






                                                                 Clerk.






103d CONGRESS

  2d Session

                               H. R. 5200

_______________________________________________________________________

                                 AN ACT

To resolve the 107th meridian boundary dispute between the Crow Indian 
                      Tribe and the United States.