Short title

This Act may be cited as the

North Dakota Trust Lands Completion Act of 2023

Definitions

In this Act:(1)

North Dakota Enabling Act

The term North Dakota Enabling Act means the Act of February 22, 1889 (25 Stat. 676, chapter 180).(2)

Reservation

The term reservation means any Indian reservation located wholly or partially within the State of North Dakota and recognized under United States treaty, Executive order, or Act of Congress. (3)

Secretary

The term Secretary means the Secretary of the Interior.(4)

State

The term State means the State of North Dakota, acting through the North Dakota Board of University and School Lands and its agent, the Department of Trust Lands.(5)

State land grant parcel

The term State land grant parcel means—(A)a parcel of land granted to the State of North Dakota by Congress—(i)on statehood; or(ii)through a grant pursuant to the North Dakota Enabling Act; (B)a section of land numbered 16 or 36 granted to the State of North Dakota by Congress for school purposes;(C)a parcel of land selected by the State of North Dakota as indemnity for any section of land numbered 16 or 36; and(D)a parcel of land other than a parcel of land described in subparagraph (A), (B), or (C) obtained by the State after statehood.(6)

Unappropriated Federal land

(A)

In general

The term unappropriated Federal land means public land administered by the Bureau of Land Management located within the State of North Dakota, including public land that is mineral in character.(B)

Exclusions

The term unappropriated Federal land does not include—(i)land (including an interest in land) acquired by the Bureau of Land Management;(ii)any area of critical environmental concern established pursuant to section 202(c)(3) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712(c)(3)); or(iii)land that is—(I)withdrawn from—(aa)entry, appropriation, or disposal under the public land laws;(bb)location, entry, and patent under the mining laws; or(cc)disposition under all laws pertaining to mineral and geothermal leasing or mineral materials; (II)located within a component of the National Landscape Conservation System;(III)designated as a Research Natural Area;(IV)located within any reservation;(V)located within—(aa)T. 147 N., R. 95 W.;(bb)T. 148 N., R. 95 W.; (cc)T. 148 N., R. 96 W.; or (dd)T. 149 N., R. 95 W.;(VI)located within a United States military reservation; or(VII)designated by Congress or the President for conservation purposes.

Relinquishment and selection; conveyance

(a)

Relinquishment and selection

(1)

In general

Subject to valid existing rights, if the State elects to relinquish all right, title, and interest of the State in and to a State land grant parcel located wholly or partially within the boundaries of any reservation, the Secretary shall authorize the State to select in accordance with this Act 1 or more parcels of unappropriated Federal land of substantially equivalent value.(2)

Approval

Not later than 180 days after the date on which the State makes a selection under paragraph (1), the Secretary shall approve or reject, in whole or in part, the selection.(3)

Review

Nothing in this subsection precludes the Secretary from conducting an environmental review of any parcel proposed for relinquishment under paragraph (1) if the Secretary determines that an environmental review is appropriate. (b)

Conveyance

(1)

Conveyance by Secretary

(A)

In general

Not later than 60 days after the date on which the Secretary approves a State selection of unappropriated Federal land under subsection (a)(2), the Secretary shall initiate the actions necessary to convey to the State the unappropriated Federal land.(B)

Requirements

Conveyance of unappropriated Federal land by the Secretary under this Act—(i)shall be by patent or deed in a form acceptable to the State and the Secretary; and(ii)shall not be considered a sale, exchange, or conveyance for purposes of section 203, 205, 206, or 209 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713, 1715, 1716, 1719). (2)

Relinquishment and conveyance by State

(A)

In general

As consideration for the conveyance of unappropriated Federal land under paragraph (1), on the date on which the unappropriated Federal land is conveyed to the State, the State shall concurrently relinquish and convey to the Secretary all right, title, and interest of the State in and to the State land grant parcel identified for relinquishment under subsection (a)(1).(B)

Title

The State shall convey to the Secretary title, free of any financial claims, liabilities, or other financial encumbrances, to all parcels relinquished under subparagraph (A). (C)

Limitation

Relinquishment and conveyance by the State of a State land grant parcel under this Act shall not be considered an exchange or acquisition for purposes of section 205 or 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1715, 1716).(c)

Succession to rights and obligations

Each party to which land is conveyed under this Act shall, to the fullest extent allowable under Federal and State law, succeed to the rights and obligations of the conveying party with respect to any lease, right-of-way, permit, or other valid existing right to which the land is subject.(d)

Management after relinquishment

(1)

Reservation

If a State land grant parcel relinquished by the State and conveyed to the Secretary under this Act is located wholly or partially within the boundaries of any reservation, on request of the applicable Indian Tribe, the portion of the State land grant parcel located within the boundaries of the reservation shall be—(A)taken into trust by the Secretary on behalf of, and for the benefit of, the Indian Tribe on the date of the conveyance; and(B)considered to be a part of the reservation of the Indian Tribe.(2)

Consultation required

Prior to the conveyance of a State land grant parcel located wholly or partially within the boundaries of any reservation, the State and the Secretary shall consult with affected Indian Tribes, including the Indian Tribe the land of which is subject to conveyance in accordance with Executive Order 13175 (25 U.S.C. 5301 note; relating to consultation and coordination with Indian tribal governments) and other applicable laws. (e)

Withdrawal

(1)

In general

Subject to valid rights in existence on the date of enactment of this Act, all unappropriated Federal land selected by the State for conveyance under this Act, effective beginning on the date on which the State makes the selection and ending on the date described in paragraph (2), is withdrawn from all forms of—(A)entry, appropriation, or disposal under the public land laws;(B)location, entry, and patent under the mining laws; and(C)disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.(2)

Date described

The date referred to in paragraph (1) is the date on which, as applicable—(A)the unappropriated Federal land is conveyed by the Secretary to the State;(B)the Secretary rejects the selection under subsection (a)(2); or(C)the State withdraws the selection.

Valuation

(a)

Equal value

With respect to a State land grant parcel conveyed under this Act in consideration for a parcel of unappropriated Federal land selected in accordance with this Act—(1)the overall value of the State land grant parcel and the overall value of the parcel of unappropriated Federal land shall be substantially equal; or(2)subject to subsection (c), if the overall value of the parcels is not equal, the party conveying the parcel of lesser value shall—(A)equalize the value by the payment of funds to the other party; or(B)enter the imbalance in value on a ledger account in accordance with subsection (e).(b)

Appraisal required

(1)

In general

Except as provided in subsection (d), the value of the unappropriated Federal land selected in accordance with this Act and the value of a State land grant parcel conveyed under this Act shall be determined by appraisals conducted by 1 or more independent appraisers selected jointly by the Secretary and the State.(2)

Requirements

An appraisal under paragraph (1) shall be completed in accordance with—(A)the Uniform Appraisal Standards for Federal Land Acquisitions; or(B)subject to subsection (d)(1), the Uniform Standards for Professional Appraisal Practice. (c)

Equalization

With respect to a conveyance to the Secretary of a State land grant parcel of lesser value than the parcel of unappropriated Federal land to be conveyed to the State under this Act, the total value of the equalization payment described in subsection (a)(2)(A) or the ledger entry described in subsection (e), as applicable, may not exceed 25 percent of the total value of the parcel of unappropriated Federal land.(d)

Low value parcels

(1)

In general

The Secretary, with the consent of the State, may use mass appraisals, a summary appraisal, or a statement of value made by a qualified appraiser carried out in accordance with the Uniform Standards for Professional Appraisal Practice to determine the value of a State land grant parcel or a parcel of unappropriated Federal land to be conveyed under this Act instead of an appraisal that complies with the Uniform Appraisal Standards for Federal Land Acquisitions if the State and the Secretary agree that market value of the State land grant parcel or parcel of unappropriated Federal land, as applicable, is—(A)less than $500,000; and(B)less than $500 per acre.(2)

Division

A State land grant parcel or a parcel of unappropriated Federal land may not be artificially divided in order to qualify for a summary appraisal, mass appraisal, or statement of value under paragraph (1).(e)

Ledger accounts

(1)

In general

With respect to a State land grant parcel conveyed under this Act in consideration for a parcel of unappropriated Federal land, if the overall value of the parcels is not equal, the Secretary and the State may agree to use a ledger account to make equal the value.(2)

Imbalances

A ledger account described in paragraph (1) shall reflect imbalances in value to be reconciled in a subsequent transaction.(3)

Account balancing

Each ledger account described in paragraph (1) shall be—(A)balanced not later than 3 years after the date on which the ledger account is established; and(B)closed not later than 5 years after the date of the last conveyance of land under this Act.(4)

Costs

(A)

In general

The Secretary or the State may assume costs or other responsibilities or requirements for conveying land under this Act that ordinarily are borne by the other party.(B)

Adjustment

If the Secretary or the State assume costs or other responsibilities under subparagraph (A), the Secretary or the State shall make adjustments to the value of the unappropriated Federal land conveyed to the State to compensate the Secretary or the State, as applicable, for assuming the costs or other responsibilities.(5)

Mineral land

If value is attributed to any parcel of unappropriated Federal land that has been selected by the State because of the presence of minerals under a lease entered into under the Mineral Leasing Act (30 U.S.C. 181 et seq.) that is in a producing or producible status, and the lease is to be conveyed under this Act, the value of the parcel shall be reduced by the amount that represents the likely Federal revenue sharing obligation under the Mineral Leasing Act (30 U.S.C. 181 et seq.) with the State, but the adjustment shall not be considered as reflecting a property right of the State.

Miscellaneous

(a)

In general

Land or minerals conveyed under this Act shall be subject to all applicable Federal, State, and Tribal law.(b)

Protection of Indian rights

(1)

Treaty rights

Nothing in this Act modifies, limits, expands, or otherwise affects any treaty-reserved right or other right of any Indian Tribe recognized by any other means, including treaties or agreements with the United States, Executive orders, statutes, regulations, or case law.(2)

Land or minerals held in trust

Nothing in this Act affects—(A)land or minerals held in trust by the United States as of the date of enactment of this Act on behalf of, and for the benefit of, any Indian Tribe; or(B)any individual Indian allotment.(c)

Hazardous materials

(1)

In general

The Secretary and the State shall make available for review and inspection any record relating to hazardous materials on land to be conveyed under this Act.(2)

Certification

(A)

In general

Prior to completing a conveyance of unappropriated Federal land under this Act, the Secretary shall complete an inspection and a hazardous materials certification of the land to be conveyed. (B)

State land grant parcels

Prior to completing a conveyance of a State land grant parcel under this Act, the State shall complete an inspection and a hazardous materials certification of the land to be conveyed.(d)

Grazing permits

(1)

In general

If land conveyed under this Act is subject to a lease, permit, or contract for the grazing of domestic livestock in effect on the date of the conveyance, the Secretary or the State, as applicable, shall allow the grazing to continue for the remainder of the term of the lease, permit, or contract, subject to the related terms and conditions of the user agreements, including permitted stocking rates, grazing fee levels, access, and ownership and use of range improvements.(2)

Cancellation

(A)

In general

Nothing in this Act prevents the Secretary or the State from canceling or modifying a grazing permit, lease, or contract if the land subject to the permit, lease, or contract is sold, conveyed, transferred, or leased for nongrazing purposes.(B)

Base properties

If land conveyed by the State under this Act is used by a grazing permittee or lessee to meet the base property requirements for a Federal grazing permit or lease, the land shall continue to qualify as a base property for the remaining term of the lease or permit and the term of any renewal or extension of the lease or permit.(C)

Range improvements

Nothing in this Act prohibits a holder of a grazing lease, permit, or contract from being compensated for range improvements pursuant to the terms of the lease, permit, or contract under existing Federal or State laws.

Savings clause

Nothing in this Act applies to or affects litigation or disputes pending on the date of enactment of this Act regarding the ownership of any land or mineral resources located within the State of North Dakota.