[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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