[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5200 Received in Senate (RDS)]
103d CONGRESS
2d Session
H. R. 5200
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 7 (legislative day, September 12), 1994
Received
_______________________________________________________________________
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.
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:
DONNALD K. ANDERSON,
Clerk.
HR 5200 RDS----2
HR 5200 RDS----3