[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 280 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 280

    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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 16, 2009

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.

    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 Tribe Land Restoration Act''.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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).

SEC. 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.

SEC. 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 2009 
and each fiscal year thereafter, to remain available until expended.

SEC. 8. EFFECT OF ACT.

    (a) In General.--Nothing in this Act--
            (1) materially affects the management or operation of 
        Bighorn Lake or Yellowtail Dam; or
            (2) affects any legally protected right to water in the 
        Bighorn River in the State of Wyoming in existence on the date 
        of enactment of this Act.
    (b) Purchasing Program.--No purchase of land or an interest in land 
by the Tribe pursuant to the program established under section 4(a)(1) 
materially affects--
            (1) the management or operation of Bighorn Lake or 
        Yellowtail Dam; or
            (2) any legally protected right described in subsection 
        (a)(2).
                                 <all>