[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2270 Introduced in Senate (IS)]
103d CONGRESS
2d Session
S. 2270
To authorize the Secretary of the Interior to transfer 40 acres of land
on the Northern Cheyenne Indian Reservation, Montana, to Lame Deer High
School District No. 6, Rosebud County, Montana, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 1 (legislative day, June 7), 1994
Mr. Baucus introduced the following bill; which was read twice and
referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To authorize the Secretary of the Interior to transfer 40 acres of land
on the Northern Cheyenne Indian Reservation, Montana, to Lame Deer High
School District No. 6, Rosebud County, Montana, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DEFINITIONS.
As used in this Act:
(1) School district.--The term ``School District'' means
the Lame Deer High School District No. 6., Rosebud County,
Montana.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribe.--The term ``Tribe'' means the Northern Cheyenne
Tribe.
SEC. 2. NORTHERN CHEYENNE LAND TRANSFER.
(a) Conveyance of Lands.--Notwithstanding any other provision of
law, the Secretary shall convey by patent to the School District all
right, title, and interest of the United States and the Tribe in the
lands described in subsection (b) for use by the School District only
for the purposes of constructing and operating on the lands a public
high school and related facilities.
(b) Description of Lands.--
(1) General legal description.--The lands described in this
paragraph are within the Northern Cheyenne Indian Reservation,
as follows: The W\1/2\ of SE\1/4\ and the E\1/2\ of SW\1/4\ of
section 10, township 3 south, range 41 east, M.P.M.
(2) Narrative description.--Such lands may be described as
follows: Beginning at the south \1/4\ corner of such section
10, thence south 89 degrees 56 minutes west 393.31 feet, on and
along the south line of such section 10 to the true point of
beginning, thence south 89 degrees 56 minutes west 500 feet, on
and along such section line, thence north 00 degrees 00 minutes
east, 575.0 feet, thence north 54 degrees 9 minutes 22 seconds
east, 2,382.26 feet, thence south 23 degrees 44 minutes 21
seconds east, 622.56 feet, thence south 51 degrees 14 minutes
40 seconds west, 2,177.19 feet, to the true point of beginning,
containing in all 40.0 acres, more or less.
SEC. 3. PATENT.
The patent issued by the Secretary under this Act shall be issued
subject to the following conditions:
(1) Title to all coal and other minerals, including oil,
gas, and other natural deposits, within the lands described in
section 2(b) shall remain with the Secretary to be held in
trust for the Tribe, as provided in Public Law 90-424 (82 Stat.
424).
(2) The lands described in section 2(b) conveyed to the
School District may be used only by the School District and
only for the purposes of constructing and operating on the
lands a public high school and related facilities.
(3) If, on the termination of the 8-year period beginning
on the date of issuance of the patent, classes have not
commenced in a permanent public high school facility
established on the lands described in section 2(b) conveyed to
the School District, or if such classes commence at the
facility during such period, but the facility subsequently
permanently ceases operating as a public high school--
(A) all right, title, and interest to the lands
described in section 2(b) conveyed to the School
District, free and clear of all liens and encumbrances,
shall automatically revert to the Secretary to be held
in trust for the Tribe; and
(B) the Secretary shall void the patent and the
patent shall have no further force or effect.
(4)(A) At any time after the conclusion of any litigation
pending as of the date of enactment of this Act (including any
trial and, if any, appellate proceedings) that challenges the
decision made by the Superintendent of Public Instruction for
the State of Montana on November 9, 1993, granting the petition
to create the School District, and with the prior approval of
the Superintendent of Public Instruction--
(i) the Tribe shall have the right to request the
Secretary to void the patent in accordance with
subparagraph (C); and
(ii) if the Tribe makes such request and meets the
requirements of subparagraph (C), the Tribe may enter
into a lease with the School District pursuant to the
Act of August 9, 1995 (69 Stat. 539, chapter 615; (25
U.S.C. 415(a))--
(I) covering the lands described in section
2(b);
(II) of a term of 25 years, with a right to
renew for an additional 25-year period; and
(III) under which the lands described in
section 2(b) shall be leased rent free to the
School District for the exclusive purpose of
constructing and operating a public high school
and related facilities on such lands.
(B) Any lease entered into pursuant to subparagraph (A)
shall, notwithstanding subparagraph (A)(II), terminate upon the
termination of the period specified in paragraph (3) if, by
such date, classes have not commenced in a permanent public
high school facility established on the lands described in
section 2(b) conveyed to the School District, or if, during
such period, such classes commence at the facility, but the
facility subsequently permanently ceases operating as a public
high school.
(C) If the Tribe seeks and obtains approval of the
Superintendent of Public Instruction of the State of Montana,
the Tribe may enter into a lease, if the lease is signed by the
Tribe and approved by the Secretary. Such lease shall comply
with the requirements of this paragraph. At such time as the
Tribe enters into a lease under this paragraph, the Secretary
shall void the patent, and, subject to the leasehold interest
offered to the School District, title to the lands described in
section 2(b), free and clear of all liens and encumbrances,
shall automatically revert to the Secretary in trust for the
Tribe.
(D) The Tribe may at any time irrevocably relinquish the
right of the Tribe to enter into a lease under this paragraph
by resolution of the Northern Cheyenne Tribal Council that
explicitly provides for the relinquishment of the right.
SEC. 4. EFFECT OF ACCEPTANCE OF PATENT.
Upon the acceptance by the School District of a patent issued by
the Secretary under this Act, the School District, and any party who
may subsequently acquire any right, title, or interest in the lands
described in section 2(b) by or through the School District, shall be
subject to the terms and conditions set forth in paragraphs (1) through
(4) of section 3.
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