[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1216 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1216

To resolve the 107th Meridian boundary dispute between the Crow Indian 
  Tribe, the Northern Cheyenne Indian Tribe and the United States and 
    various other issues pertaining to the Crow Indian Reservation.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 13, 1993

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

_______________________________________________________________________

                                 A BILL


 
To resolve the 107th Meridian boundary dispute between the Crow Indian 
  Tribe, the Northern Cheyenne Indian Tribe and the United States and 
    various other issues pertaining to the Crow Indian Reservation.

    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 Settlement Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Purpose.--The purpose of this Act is to settle the dispute 
created by the Federal Government's erroneous survey of the eastern 
boundary of the Crow Indian Reservation and to resolve various other 
issues pertaining to the Crow Indian Reservation.
    (b) Findings.--
            (1) Under 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 1884 and 1900 Executive orders, the western 
        boundary of the Northern Cheyenne Reservation was established 
        as the 107th Meridian. The 107th Meridian is the common 
        boundary between the Crow and Northern Cheyenne Reservations 
        for approximately 25 miles.
            (3) From 1889 through 1891, a survey was conducted of the 
        eastern boundary of the Crow Reservation. Instead of following 
        the true 107th Meridian, the 1891 survey line strayed to the 
        west. As a result of the erroneous survey, approximately 36,164 
        acres were excluded from the Crow Indian Reservation of which 
        approximately 12,964 acres were included in the Northern 
        Cheyenne Indian Reservation. Vast 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) 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 1800's and 
        early 1900's. Patents were issued to non-Indians 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 erroneous 1891 survey line. The 12,964 acres 
        erroneously included in the Northern Cheyenne Reservation have 
        been treated as part of the Northern Cheyenne Reservation and 
        occupied by the Northern Cheyenne Tribe, Northern Cheyenne 
        allottees and their successors in interest.
            (5) Following the discovery of the erroneous 1891 survey 
        line in the 1950's, bills to resolve the 107th Meridian 
        boundary dispute were introduced in Congress in the 1960's and 
        1970's, but no bill was enacted into law.
            (6) In 1966, the United States completed construction of 
        Yellowtail Dam on the Crow Indian Reservation as part of the 
        Pick-Sloan Missouri Basin Program. The Pick-Sloan Missouri 
        Basin Program also included the Hardin Bench Irrigation Unit 
        and other irrigation projects on the Crow Indian Reservation 
        which have not yet been constructed.
            (7) The operation of the Yellowtail Afterbay Dam by the 
        Bureau of Reclamation has resulted in a significant water 
        quality problem on the Big Horn River within the Crow Indian 
        Reservation. Construction of a power plant and related 
        facilities at the existing Yellowtail Afterbay Dam will solve 
        that problem.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Crow Tribe'' means the Crow Tribe of 
        Indians, the duly recognized governing body of the Crow Indian 
        Reservation.
            (2) The term ``disputed area'' means the land, 
        approximately 36,165 acres, including the minerals, located 
        between the 107th Meridian and the 1891 survey line.
            (3) The term ``1891 survey line'' means the erroneous 
        boundary line resulting from the survey of the 107th Meridian 
        which was completed in 1891.
            (4) The term ``Northern Cheyenne Tribe'' means the Northern 
        Cheyenne Tribe of Indians, the duly recognized governing body 
        of the Northern Cheyenne Indian Reservation.
            (5) The term ``107th Meridian boundary dispute'' means the 
        dispute resulting from the disparity between the locations of 
        the 107th Meridian and the 1891 survey line.
            (6) The term ``parcel No. 1'' means the land, approximately 
        11,317 acres, including all minerals, within the area 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.
            (7) The term ``parcel No. 2'' means the land, approximately 
        12,964 acres, including all minerals, within the area 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.
            (8) The term ``parcel No. 3'' means the land, approximately 
        2,469 acres, including all minerals, within the area 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.
            (9) The term ``parcel No. 4'' means the land, approximately 
        9,415 acres, including all minerals, within the area 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.
            (10) The word ``Secretary'' means the Secretary of the 
        Interior.
            (11) The term ``undisposed of coal'' means coal which has 
        not been conveyed to private parties or to the State of Montana 
        by the United States.
            (12) The term ``undisposed of land'' means surface land 
        which has not been conveyed to private parties or to the State 
        of Montana by the United States.
            (13) The term ``undisposed of oil, gas, coal methane or 
        other minerals'' means oil, gas, coal methane or other minerals 
        except coal, which have not been conveyed to private parties or 
        to the State of Montana by the United States.

SEC. 4. AUTHORITY TO SETTLE.

    (a) Contract With Crow Tribe.--Subject to the terms and conditions 
of this Act, the Secretary shall enter into a contract with the Crow 
Tribe providing for the settlement of the 107th Meridian boundary 
dispute and other issues pertaining to the Crow Indian Reservation.
    (b) Contract With Northern Cheyenne Tribe.--Subject to the terms 
and conditions of this Act, the Secretary shall enter into a contract 
with the Northern Cheyenne Tribe to resolve the issues with respect to 
the property within parcel No. 2.
    (c) Enforcement of Contracts.--The contracts authorized in 
subsections (a) and (b) shall be enforceable pursuant to subchapter II 
of chapter 5 of title 5, United States Code, or, where the remedies 
available under that Act do not provide adequate or complete relief, 
pursuant to section 1505 of title 28, United States Code.

SEC. 5. TERMS AND CONDITIONS OF SETTLEMENT CONTRACTS.

    (a) Crow/Northern Cheyenne Settlement.--The contracts with the Crow 
and Northern Cheyenne Tribes referred to in section 4 shall include the 
following terms and conditions with respect to the property within 
parcel No. 2:
            (1) The surface boundary between the Crow and Northern 
        Cheyenne Indian Reservations shall be the 1891 survey line and 
        the ownership of the surface lands within parcel No. 2 shall be 
        recognized as being vested in the United States in trust for 
        the sole use and benefit of the Northern Cheyenne Tribe, 
        Northern Cheyenne allottees or their successors in interest or 
        other persons whose claims, rights, or interests are based on 
        the 1891 survey line.
            (2) With respect to the coal and other minerals within 
        parcel No. 2 except for oil, gas, and coal methane, the 
        boundary between the Crow and Northern Cheyenne Indian 
        Reservations shall be the 1891 survey line and the ownership of 
        such minerals shall be vested in the United States in trust for 
        the sole use and benefit of the Northern Cheyenne Tribe.
            (3) With respect to oil, gas, and coal methane within 
        parcel No. 2, the boundary between the Crow and Northern 
        Cheyenne Indian Reservations shall be the 107th Meridian and 
        the ownership of such oil, gas and coal methane shall be vested 
        in the United States in trust for the sole use and benefit of 
        the Crow Tribe.
            (4) The funds held in escrow by the Bureau of Indian 
        Affairs derived from the lands and minerals within parcel No. 
        2, together with all of the interest earned on such funds, 
        shall be divided equally between the Crow and Northern Cheyenne 
        Tribes and may be used by each tribe for such purposes as it 
        may determine.
            (5) A disclaimer and relinquishment by the Crow Tribe of 
        all right, title, claim or interest in the land and minerals 
        within parcel No. 2 described in paragraphs (1) and (2), and to 
        one-half of the funds described in paragraph (4), and a 
        disclaimer and relinquishment by the Northern Cheyenne Tribe of 
        all right, title, claim or interest in the minerals within 
        parcel No. 2 described in paragraph (3), and to one-half of the 
        funds described in paragraph (4).
            (6) A release by the Northern Cheyenne Tribe of all persons 
        and entities, including the United States and the Crow Tribe, 
        for any and all liability arising out of the erroneous survey 
        of the 107th Meridian, and a release by the Crow Tribe of all 
        persons and entities, including the United States and the 
        Northern Cheyenne Tribe, for any and all liability arising from 
        the erroneous survey of the 107th Meridian.
    (b) Property Within Parcel Nos. 1, 3 and 4.--The contract with the 
Crow Tribe referred to in section 4 shall include the following terms 
and conditions with respect to the property within parcel Nos. 1, 3 and 
4:
            (1) Title to the undisposed of coal within parcel No. 1 
        shall be vested in the United States in trust for the sole use 
        and benefit of the Crow Tribe and such coal shall be recognized 
        as part of the Crow Indian Reservation.
            (2) Title to the undisposed of surface lands within parcel 
        Nos. 1, 3 and 4 shall be vested in the United States in trust 
        for the sole use and benefit of the Crow Tribe and such land 
        shall be recognized as part of the Crow Indian Reservation. 
        Notwithstanding the preceding provisions of this paragraph, the 
        State of Montana shall retain the same civil and criminal 
        authority over such lands in Parcel No. 4 that it currently has 
        over lands restored to the Tribe under the Act of May 19, 1958, 
        (72 Stat. 121).
            (3) Title to the undisposed of oil, gas, coal methane or 
        other minerals within parcel Nos. 1, 3 and 4 shall be vested in 
        the United States in trust for the sole use and benefit of the 
        Crow Tribe and such minerals shall be recognized as part of the 
        Crow Indian Reservation.
            (4) A disclaimer and relinquishment by the Crow Tribe of 
        all right, title, claim or interest in all the lands and 
        minerals within parcel Nos. 1, 3 and 4, except for the rights, 
        titles and interests recognized as beneficially owned by the 
        Crow Tribe in paragraphs (1), (2) and (3).
            (5) A release by the Crow Tribe of all persons and 
        entities, including the United States, for any and all 
        liability arising from the erroneous survey of the 107th 
        Meridian.
    (c) Exchange of Public Lands.--As part of the settlement of the 
107th Meridian boundary dispute with the Crow Tribe, the contract with 
the Crow Tribe referred to in section 4 shall include the following 
land exchange provisions:
            (1) The Secretary shall negotiate with the State of Montana 
        for the purpose of exchanging public lands within the State of 
        Montana for up to approximately 46,625 acres of State trust 
        lands within the Crow Indian Reservation and the disputed area. 
        The value of the public lands and State trust lands exchanged 
        pursuant to this provision shall be substantially equal. The 
        value of improvements on such lands shall be given due 
        consideration. Lands exchanged shall be selected so that the 
        financial impact on local governments, if any, will be 
        minimized. The Secretary shall provide such financial and other 
        assistance to the State of Montana as may be necessary to 
        obtain the appraisals and other administrative requirements 
        necessary to accomplish this exchange. Upon the approval by the 
        Secretary and the State of Montana of an exchange pursuant to 
        this paragraph, the Secretary is authorized to receive title to 
        such State trust lands involved in the exchange on behalf of 
        the United States and to transfer title to the public lands 
        involved in the exchange to the State of Montana by such means 
        of conveyance as the Secretary deems appropriate. State trust 
        lands acquired pursuant to the exchange shall be vested in the 
        United States in trust for the sole use and benefit of the Crow 
        Tribe and shall be deemed part of the Crow Indian Reservation.
            (2) If, for any reason, the exchange for all or any portion 
        of the State trust lands described in paragraph (1) is not 
        completed within 5 years from the date of enactment of this 
        Act, at the request of and in cooperation with the Crow Tribe, 
        the Secretary shall develop and implement a program to provide 
        the Crow Tribe with land in an amount sufficient to make up the 
        difference between the value of all the State trust lands 
        within the Crow Indian Reservation and the disputed area and 
        the value of any State trust lands exchanged and acquired 
        pursuant to paragraph (1). In carrying out this program, the 
        Secretary is authorized to transfer title to public lands 
        within the State of Montana to the Crow Tribe and to exchange 
        public lands within the State of Montana for private lands of 
        substantially equal value within the Crow Indian Reservation. 
        The value of improvements on all such lands shall be given due 
        consideration. Title to the public lands transferred pursuant 
        to this paragraph, other than by exchange, and to the private 
        lands acquired 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 deemed part of the Crow Indian 
        Reservation. Notwithstanding the preceding provisions of this 
        paragraph, the State of Montana shall retain civil and criminal 
        authority over the surface only of any such lands in the event 
        that any such lands are not contiguous to the existing Crow 
        Reservation, which authority shall not be exclusive.
    (d) Yellowtail Afterbay Power Plant.--As part of the settlement of 
the 107th Meridian boundary dispute with the Crow Tribe and to bring 
the Federal Government's operation of Yellowtail Afterbay Dam into 
compliance with applicable water quality standards, the Secretary, 
subject to the availability of funds, shall construct and operate a 
power plant and bypass at the Yellowtail Afterbay Dam. The cost of 
constructing such power plant and bypass shall be nonreimbursable. The 
Secretary, in consultation and cooperation with the Secretary of Energy 
and the Crow Tribe, is authorized to sell or to make arrangements for 
the sale or marketing of the power generated at the Yellowtail Afterbay 
Dam to produce maximum revenues. Revenues from the sale of power 
generated at that power plant shall first be used to defray the costs 
incurred in the operation, maintenance and repair of the plant. The 
contract with the Crow Tribe referred to in section 4 of this Act shall 
provide that the remainder of the revenues from the sale of such power 
shall be transferred to the Crow Tribe and used for such purposes as 
the Crow Tribe may determine, subject to the Secretary's approval. 
Notwithstanding the preceding sentence, the Crow Tribe, may, in its 
discretion, elect to utilize any portion of the power generated at the 
Yellowtail Afterbay Dam in lieu of receiving the revenues produced by 
the sale of that power.
    (e) Crow Tribal Trust Fund.--
            (1) There is established in the Treasury of the United 
        States a revolving account to be known as the ``Crow Tribal 
        Trust Account''.
            (2) Amounts in the Crow Tribal Trust Account shall be 
        available, without fiscal year limitations, to the Secretary 
        for distribution to the Crow Tribe in accordance with section 
        6(b), and other provisions of this Act.
            (3) The Crow Tribal Trust Account shall consist of such 
        amounts as are appropriated to it in accordance with the 
        authorizations provided by this Act.
            (4) As part of the settlement of the 107th Meridian 
        boundary dispute and other issues pertaining to the Crow Indian 
        Reservation, in the contract with the Crow Tribe referred to in 
        section 4 of this Act, the Secretary, on behalf of the United 
        States, shall pay, from moneys appropriated pursuant to this 
        Act, into the Crow Tribal Trust Account $10,000,000 for fiscal 
        year 1994, and each of the next following 9 fiscal years.
    (f) Additional Contributions to Crow Tribal Trust Fund.--In 
addition to the amounts authorized to be appropriated in subsection 
(e)(4), as part of the settlement of the 107th Meridian boundary 
dispute and other issues pertaining to the Crow Indian Reservation, in 
the contract with the Crow Tribe referred to in section 4 of this Act, 
the Secretary, on behalf of the United States, subject to the 
availability of moneys appropriated pursuant to this Act, shall pay the 
following amounts into the Crow Tribal Trust Account:
            (1) Commencing with fiscal year 1994 and each fiscal year 
        thereafter, an amount which shall be nonreimbursable and 
        nonreturnable and equal to the amounts of royalties received 
        and retained by the United States during the previous fiscal 
        year from the East Decker, West Decker and Spring Creek coal 
        mines in the State of Montana for the life of those mines, 
        including any extensions of the existing leases or expansions 
        to adjacent or nearby coal deposits owned by the Federal 
        Government.
            (2) Commencing with fiscal year 1994, and each fiscal year 
        thereafter, an amount, which shall be nonreimbursable and 
        nonreturnable, equal to the receipts from all deposits to the 
        United States Treasury for the preceding fiscal year from the 
        sale of power generated at Yellowtail Dam.

SEC. 6. ADMINISTRATION OF CROW TRIBAL TRUST FUND.

    (a) Investment.--All sums deposited in, accruing to and remaining 
in the Crow Tribal Trust Account, shall be invested by the Secretary of 
the Treasury in interest-bearing deposits and securities in accordance 
with the Act of June 24, 1938 (52 Stat. 1037, 25 U.S.C. 162a).
    (b) Distribution of Interest.--Only the interest received on moneys 
in the Crow Tribal Trust Account shall be available for distribution to 
the Crow Tribe, and then only for use for education, land acquisition, 
economic development, youth and elderly programs and other tribal 
purposes in accordance with plans and budgets developed by the Crow 
Tribe and approved by the Secretary; except that, subject to the 
Secretary's approval, up to 25 percent of the moneys in the Crow Tribal 
Trust Account at any time may be pledged by the Crow Tribe as security 
for commercial loans for economic development projects on or near the 
Crow Indian Reservation. No part of any moneys in the Crow Tribal Trust 
Account or of the interest earned on moneys in the Crow Tribal Account 
shall be distributed to members of the Crow Tribe on a per capita 
basis.
    (c) Interest Adjustments.--(1) If and to the extent that any 
portion of the sums described in section 5(e)(4) are appropriated after 
fiscal year 1994 and the following 9 fiscal years or in lesser amounts 
than provided in section 5(e)(4), there shall be deposited in the Crow 
Tribal Trust Fund, subject to appropriations, in addition to the full 
contributions, adjustments representing the interest income, as 
determined by the Secretary in his sole discretion, that would have 
been earned on any unpaid amounts had the amounts authorized in section 
5(e)(4) been appropriated in full at the beginning of each fiscal year 
for fiscal years 1994 through 2003.
    (2) If and to the extent that any portion of the sums described in 
sections 5(f)(1) and 5(f)(2) are appropriated and deposited in the Crow 
Tribal Trust Fund more than 60 days after the close of the preceding 
fiscal year or in lesser amounts than provided in those subsections, 
there shall be deposited in the Crow Tribal Trust Fund, subject to 
appropriations, in addition to the full contributions, adjustments 
representing the interest income, as determined by the Secretary in his 
sole discretion, that would have been earned on any unpaid amounts had 
the amounts authorized in sections 5(f)(1) and 5(f)(2) been 
appropriated and deposited in full in a timely manner.

SEC. 7. CROW IRRIGATION PROJECT.

     At such time as the settlement contract between the Crow Tribe and 
the Secretary becomes effective, the authority of the Bureau of 
Reclamation to construct and operate the Hardin Bench, Little Horn, 
Custer Bench, Wyola, Benteen Flat, Battlefield and Crow Irrigation 
Projects on the Crow Indian Reservation as part of the Pick-Sloan 
Missouri River Basin Program is revoked; except that nothing in this 
Act shall affect the reserved water rights appurtenant to any lands 
within the Crow Indian Reservation.

SEC. 8. ELIGIBILITY FOR OTHER SERVICES NOT AFFECTED.

    No payments pursuant to this Act shall result in the reduction or 
denial of any Federal services or programs to the Crow Tribe, the 
Northern Cheyenne Tribe or any of their members, to which they are 
entitled, or eligible because of their status as federally recognized 
Indian tribes or members of such tribes. No payments pursuant to this 
Act shall be subject to Federal or State income tax.

SEC. 9. EXCHANGES OF LAND AND MINERALS.

    Subject to the Secretary's approval, the Crow Tribe is authorized 
to exchange any of the Crow Tribe's land or minerals within the 
disputed area recognized or obtained pursuant to paragraphs (1), (2), 
and (3) of section 5(b), or paragraph (1) of section 5(c) or any of the 
Crow Tribe's land obtained pursuant to paragraph (2) of section 5(c) 
for other land or minerals of substantially equivalent value within the 
Crow Indian Reservation. Lands or minerals received by the tribe in 
such exchange shall be considered to be vested in the United States in 
trust for the sole use and benefit of the Crow Tribe and a part of its 
reservation. Lands and minerals received by a non-Indian in such 
exchange shall be considered to be owned in fee.

SEC. 10. EFFECTIVENESS CONTRACTS.

    The contracts entered into by the Crow Tribe and the Northern 
Cheyenne Tribe pursuant to this Act providing for the settlement of the 
107th Meridian dispute and other issues pertaining to the Crow Indian 
Reservation shall not take effect until the contracts are approved and 
executed in accordance with the requirements and procedures set forth 
in each tribe's constitution.

SEC. 11. APPROPRIATIONS AUTHORIZED.

    There are authorized to be appropriated such sums as may be 
required to implement the provisions of this Act.

                                 <all>

S 1216 IS----2