II 110th CONGRESS 1st Session S. 1080 IN THE SENATE OF THE UNITED STATES April 10, 2007 Mr. Baucus (for himself and Mr. Tester) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To develop a program to acquire interests in land from eligible individuals within the Crow Reservation in the State of Montana, and for other purposes.

1.

Short title

This Act may be cited as the Crow Tribe Land Restoration Act.

2.

Purpose

The purpose of this Act is to authorize the Secretary of the Interior— (1)to develop a program to acquire land and interests in land from eligible individuals within the Crow Reservation in the State of Montana; (2)to hold in trust the land, and interests in land, described in paragraph (1) for the benefit of the Crow Tribe of the State of Montana; (3)to allow the Tribe to assume management of the land and interests in land; and (4)to end the continuing fractionation of land on the Reservation.

3.

Definitions

In this Act: (1)

Cost

The term cost means the cost of a direct loan, within the meaning of section 502(5)(B) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)(B)). (2)

Eligible individual

The term eligible individual means an individual that owns land, or an interest in land, within the Reservation. (3)

Loan

The term loan has the meaning given the term direct loan in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a). (4)

Loan obligation

The term loan obligation has the meaning given the term direct loan obligation in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a). (5)

Reservation

The term Reservation means the Crow Reservation in the State of Montana. (6)

Secretary

The term Secretary means the Secretary of the Interior. (7)

Tribe

The term Tribe means the Crow Tribe of the State of Montana.

4.

Acquisition of land within Reservation

(a)

Purchasing program

(1)

Establishment

As soon as practicable after the date of enactment of this Act, the Secretary shall establish a loan program to assist the Tribe in purchasing from eligible individuals land, and interests in land, within the Reservation. (2)

Requirements

(A)

Voluntary sale

A sale of land to the Tribe under the purchasing program shall be voluntary. (B)

Reasonable purchase price

To receive funds under the purchasing program, the Tribe shall offer to an eligible individual in consideration for land, or an interest in land, within the Reservation an amount equal to the reasonable purchase price of the land, or interest in land, of the eligible individual, as determined in accordance with subsection (b). (3)

Notification to eligible individuals

(A)

In general

As soon as practicable after the date on which the purchasing program is established, the Tribe shall provide to each eligible individual a notification with respect to the program, including any guidelines issued by the Secretary relating to the program. (B)

Contact with eligible individuals

Notwithstanding any other provision of law, an eligible individual may be contacted directly with respect to the purchasing program by— (i)the Tribe, or a representative of the Tribe; or (ii)the Secretary, or a representative of the Secretary. (b)

Reasonable purchase price

(1)

Guidelines

As soon as practicable after the date of enactment of this Act, the Secretary shall establish guidelines under which the reasonable purchase price of land, or an interest in land, of an eligible individual shall be determined. (2)

Consideration

In establishing guidelines under paragraph (1), the Secretary may take into consideration— (A)current average annual earnings obtained from the land, and the extent of fractionated ownership interests in land, of eligible individuals; and (B)any other factor the Secretary considers to be appropriate. (c)

Acceptance of offer

On acceptance by an eligible individual of an offer of the Tribe under this section— (1)the Tribe shall pay to the eligible individual the reasonable purchase price of the land, or interest in land, of the eligible individual, as determined in accordance with subsection (b); and (2)title to the land, or interest in land, acquired from the eligible individual shall be conveyed to the United States, to be held in trust by the Secretary for the benefit of the Tribe. (d)

Judicial review

The terms and amount of any offer of the Tribe to purchase land, or an interest in land, of an eligible individual under this section shall not be subject to judicial review.

5.

Purchasing program funding

(a)

Loan obligations by Secretary

(1)

Issuance

(A)

In general

To the extent approved in annual appropriations Acts, the Secretary may enter into 1 or more loan obligations with the Tribe as the Secretary determines to be necessary to fund the purchasing program established under section 4(a)(1). (B)

Requirements

Any loan issued under subparagraph (A) shall be subject to such terms and conditions as the Secretary determines to be appropriate. (C)

Cost

The Secretary shall establish terms and conditions of loans under this paragraph that will result in a budget cost of zero for each loan, to the maximum extent practicable. (2)

Term

A loan issued under paragraph (1) shall be repaid not later than 40 years after the date of issuance of the loan. (3)

Interest

A loan issued under paragraph (1) shall bear interest at a rate to be determined by the Secretary, in consultation with the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. (4)

Limitations

(A)

Total amount

On any date, the total amount of obligations issued under paragraph (1) shall not exceed $380,000,000. (B)

Timing

The Secretary shall not issue any loan under this section after September 30, 2012. (b)

Repayment of obligations

(1)

In general

The Tribe shall use the revenues from any land purchased by the Tribe under this Act to repay the Secretary the amount of any obligation, including interest on such an obligation, issued under subsection (a). (2)

Reasonable prospect of repayment

The Secretary shall ensure, to the maximum extent practicable, that projected revenues described in paragraph (1) provide reasonable prospect of repayment of the amount of obligations issued under subsection (a).

6.

Donation of land

(a)

In general

Subject to subsection (b), the Secretary may accept from any eligible individual a donation of land or an interest in land within the Reservation. (b)

Conditions

(1)

Title held in trust

The Secretary shall hold in trust for the benefit of the Tribe the title to any land or interest in land acquired by the Secretary under subsection (a). (2)

Designation of place of honor

The Tribe shall designate on the Reservation a place of honor, as the Tribe determines to be appropriate, at which the name of any eligible individual that donates land to the Secretary under subsection (a) shall be displayed in perpetuity, in recognition of the donation.

7.

Land management

(a)

Tribal responsibility

Land, and interests in land, held in trust by the Secretary for the benefit of the Tribe under this Act shall be managed by the Tribe in accordance with a land management program to be developed and implemented by the Tribe to achieve repayment of each applicable loan obligation under section 5. (b)

Limitation of trust responsibility

The trust responsibility of the Secretary with respect to land and interests in land described in subsection (a) shall be limited to— (1)ensuring that the land and interests in land are not subject to alienation; and (2)enabling the Tribe to exercise jurisdiction over the land and interests in land. (c)

Authorization of appropriations

There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2007 and each fiscal year thereafter, to remain available until expended.