[Congressional Record Volume 140, Number 142 (Tuesday, October 4, 1994)]
[Senate]
[Page S]
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[Congressional Record: October 4, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                      CROW BOUNDARY SETTLEMENT ACT

  Mr. FORD. Mr. President, I ask unanimous consent that title amendment 
to S. 1216, the Crow Boundary Settlement Act, the bill previously 
passed, be agreed to, and that the motion to reconsider be laid upon 
the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The title was amended so as to read:

       ``A bill to resolve the 107th meridian boundary dispute 
     between the Crow Indian Tribe and the United States.''.

  The text of the bill (S. 1216) to resolve the 107th Meridian boundary 
dispute between the Crow Indian Tribe, the Northern Cheyenne Indian 
tribe, and the United States and various other issues pertaining to the 
Crow Indian Reservation, as passed by the Senate on October 3, 1994, is 
as follows:

                                S. 1216

       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 Boundary Settlement Act 
     of 1994''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) Under the treaty between the United States of America 
     and the Crow Tribe of Indians concluded May 7, 1868 (commonly 
     known as the ``Fort Laramie Treaty of 1868''; 15 Stat. 649), 
     the eastern boundary of the Crow Indian Reservation was 
     established as the 107th meridian for approximately 90 miles 
     from the Yellowstone River to the boundary between Montana 
     and Wyoming.
       (2) Under Executive orders issued in 1884 and 1900, the 
     western boundary of the Northern Cheyenne Reservation was 
     established as the 107th meridian. The 107th meridian was 
     intended to be the common boundary between the Crow 
     Reservation and Northern Cheyenne Reservation for 
     approximately 25 miles.
       (3) From 1889 through 1891, a survey was conducted of the 
     eastern boundary of the Crow Reservation. The 1891 survey 
     line strayed to the west, and resulted in the exclusion from 
     the Crow Indian Reservation of a strip of land of 
     approximately 36,164 acres. Approximately 12,964 acres of 
     such strip of land were included in the Northern Cheyenne 
     Reservation. Deposits of low sulphur coal underlie the land 
     excluded from the Crow Indian Reservation, including the land 
     included in the Northern Cheyenne Indian Reservation.
       (4)(A) The erroneous nature of the survey was not 
     discovered for several decades. Meanwhile, the areas along 
     the 107th meridian to the north and south of the Northern 
     Cheyenne Indian Reservation were opened to settlement in the 
     late nineteenth century and early part of the twentieth 
     century. Patents were issued to non-Indian persons and to the 
     State of Montana for most of the surface land and a 
     significant portion of the minerals in these areas between 
     the 107th meridian and the 1891 survey line.
       (B) The 12,964 acres included in the Northern Cheyenne 
     Reservation have been treated as part of the Northern 
     Cheyenne Reservation and occupied by the Northern Cheyenne 
     Tribe and the Northern Cheyenne allottees, and their 
     successors in interest.
       (5) Legislation to resolve the 107th meridian boundary 
     dispute was introduced in Congress in the 1960's and 1970's, 
     and again in 1992, but no such legislation was enacted into 
     law.
       (b) Purpose.--The purpose of this Act is to settle the 
     107th meridian boundary dispute created by the erroneous 
     survey of the eastern boundary of the Crow Indian Reservation 
     made by the Federal Government described in subsection 
     (a)(3).

     SEC. 3. DEFINITIONS.

       As used in this Act:
       (1) Crow tribe.--The term ``Crow Tribe'' means the Crow 
     Tribe of Indians, the duly recognized governing body of the 
     Crow Indian Reservation.
       (2) Disputed area.--The term ``disputed area'' means the 
     approximately 36,164 acres of land, including the minerals, 
     located between the 107th meridian on the east and the 1891 
     survey line on the west from the Yellowstone River on the 
     north to the boundary between the State of Wyoming and the 
     State of Montana on the south.
       (3) 1891 survey.--The term ``1891 survey'' means the survey 
     of the eastern boundary of the Crow Reservation conducted by 
     the United States Government from 1889 through 1891.
       (4) 1891 survey line.--The term ``1891 survey line'' means 
     the erroneous boundary line resulting from the survey of the 
     107th meridian which was completed in 1891.
       (5) Northern cheyenne tribe.--The term ``Northern Cheyenne 
     Tribe'' means the Northern Cheyenne Tribe of Indians, with 
     the Northern Cheyenne Tribal Council as the duly recognized 
     governing body of the Northern Cheyenne Indian Reservation.
       (6) 107th meridian boundary dispute.--The term ``107th 
     meridian boundary dispute'' means the dispute resulting from 
     the disparity between the location of the 107th meridian and 
     the location of the 1891 survey line.
       (7) 107th meridian escrow fund.--The term ``107th meridian 
     escrow fund'' means the revenues that arise from, or are 
     derived from, parcel number 2, including all accrued interest 
     on such revenues, which are held by the Bureau of Indian 
     Affairs in an escrow account as of the date of enactment of 
     this Act.
       (8) Parcel number 1.--The term ``parcel number 1'' means 
     the area, encompassing approximately 11,317 acres, bounded on 
     the south by the Montana-Wyoming border, on the east by the 
     107th meridian, on the north by the extension to the west of 
     the southern boundary of the Northern Cheyenne Indian 
     Reservation, and on the west by the 1891 survey line.
       (9) Parcel number 2.--The term ``parcel number 2'' means 
     the area, encompassing approximately 12,964 acres, bounded on 
     the south by the extension to the west of the southern 
     boundary of the Northern Cheyenne Indian Reservation, on the 
     east by the 107th meridian, on the north by the extension to 
     the west of the northern boundary of the Northern Cheyenne 
     Indian Reservation, and on the west by the 1891 survey line.
       (10) Parcel number 3.--The term ``parcel number 3'' means 
     the area, encompassing approximately 2,469 acres, bounded on 
     the south by the extension to the west of the northern 
     boundary of the Northern Cheyenne Indian Reservation, on the 
     east by the 107th meridian, on the north by the northern 
     boundary of the Crow Indian Reservation, and on the west by 
     the 1891 survey line.
       (11) Parcel number 4.--The term ``parcel number 4'' means 
     the area, encompassing approximately 9,415 acres, bounded on 
     the south by the northern boundary of the Crow Indian 
     Reservation, on the east by the 107th meridian, on the north 
     by the midpoint of the Yellowstone River, and on the west by 
     the 1891 survey line.
       (12) Public lands.--The term ``public lands'' means any 
     land or interest in land owned by the United States (without 
     regard to the means by which the United States acquired 
     ownership of the land or interest in land) and administered 
     by the Secretary through the Bureau of Land Management.
       (13) Royalties received and retained by the united 
     states.--The term ``royalties received and retained by the 
     United States'' means the royalties derived from minerals 
     owned by the United States that the United States retains 
     after all payments from the royalties have been made to the 
     State of Montana or any unit of local government of the State 
     of Montana.
       (14) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (15) Settlement agreement.--The term ``Settlement 
     Agreement'' means the agreement between the Secretary, on 
     behalf of the United States and the Crow Tribe, that provides 
     for the resolution of all claims held by the Crow Tribe 
     arising from the 107th meridian boundary dispute.
       (16) Undisposed of coal.--The term ``undisposed of coal'' 
     means coal that has not been conveyed to private parties or 
     to the State of Montana by the United States.
       (17) Undisposed of surface lands.--The term ``undisposed of 
     surface lands'' means surface land that has not been conveyed 
     to private parties or to the State of Montana by the United 
     States.
       (18) Undisposed of oil, gas, coal methane, or other 
     minerals.--The term ``undisposed of oil, gas, coal methane, 
     or other minerals'' means oil, gas, coal methane, or other 
     minerals (excluding coal) that have not been conveyed to 
     private parties or to the State of Montana by the United 
     States.

     SEC. 4. SETTLEMENT AGREEMENT.

       (a) Execution of the Settlement Agreement.--Subject to the 
     terms and conditions of this Act, the Secretary shall enter 
     into the Settlement Agreement with the Crow Tribe.
       (b) Ratification of the Settlement Agreement.--Subject to 
     the conditions set forth in section 9(a), the United States 
     hereby approves, ratifies, and confirms the Settlement 
     Agreement, to the extent that such Settlement Agreement does 
     not conflict with this Act.
       (c) Modification of the Settlement Agreement.--The terms 
     and conditions of the Settlement Agreement may be modified by 
     mutual agreement of the Crow Tribe and the Secretary if such 
     modification--
       (1) is not inconsistent with this Act; and
       (2) does not diminish or impair any right or benefit 
     secured to the Northern Cheyenne Tribe, the Northern Cheyenne 
     allottees, or their successors in interest by or pursuant to 
     any provision of this Act.
       (d) Enforcement of the Settlement Agreement.--
       (1) In general.--Except as provided in paragraph (2), the 
     Settlement Agreement shall be subject to the enforcement 
     provisions under chapter 7 of title 5, United States Code.
       (2) Additional enforcement.--If, with respect to the 
     enforcement of the Settlement Agreement, the remedies 
     available under the provisions referred to in paragraph (1) 
     do not provide adequate or complete relief, the Settlement 
     Agreement shall be subject to the enforcement provisions 
     under section 1505 of title 28, United States Code.

     SEC. 5. SETTLEMENT TERMS AND CONDITIONS AND EXTINGUISHMENT OF 
                   CLAIMS.

       (a) Property Within Parcel Number 1.--
       (1) In general.--With respect to the property within parcel 
     number 1, the following provisions shall apply:
       (A) The boundary of the Crow Indian Reservation shall be 
     the 107th meridian.
       (B) Title to the undisposed of coal of such parcel shall be 
     vested in the United States in trust for the sole use and 
     benefit of the Crow Tribe and shall be recognized as part of 
     the Crow Indian Reservation.
       (C) Title to the undisposed of surface lands of such parcel 
     shall be vested in the United States in trust for the sole 
     use and benefit of the Crow Tribe and shall be recognized as 
     part of the Crow Indian Reservation.
       (D) Title to the undisposed of oil, gas, coal methane, or 
     other minerals of such parcel shall be vested in the United 
     States in trust for the sole use and benefit of the Crow 
     Tribe and shall be recognized as part of the Crow Indian 
     Reservation.
       (2) Prohibition.--Nothing in this Act or the Settlement 
     Agreement may alter, diminish, disturb, or cause to be 
     divested any right, title, or interest of any person or 
     entity in any land, coal, oil, gas, coal methane, or mineral 
     within parcel number 1 that is based on the 1891 survey line, 
     except for the specific rights that are vested in the United 
     States for the sole use and benefit of the Crow Tribe 
     pursuant to subparagraphs (B) through (D) of paragraph (1).
       (3) Waivers and releases.--The following waivers and 
     releases shall be included in the Settlement Agreement:
       (A) A disclaimer and relinquishment by the Crow Tribe of 
     all right, title, claim, or interest in all the land and 
     minerals within parcel number 1, except for the rights, 
     titles, and interests recognized as beneficially owned by the 
     Crow Tribe and as part of the Crow Indian Reservation in 
     subparagraphs (B) through (D) of paragraph (1).
       (B) A release by the Crow Tribe of all persons and 
     entities, including the United States, from any liability 
     arising from, or related to, the 1891 survey and the 
     subsequent occupancy and use of parcel number 1.
       (b) Property Within Parcel Number 2.--
       (1) In general.--With respect to the property within parcel 
     number 2, the following provisions shall apply:
       (A) The boundary between the Crow and Northern Cheyenne 
     Indian Reservations shall be the 1891 survey line.
       (B) All surface lands and minerals of such parcel shall 
     constitute part of the Northern Cheyenne Reservation.
       (C) All surface lands, including all rights appurtenant to 
     the surface lands, of such parcel shall be vested in the 
     United States in trust for the sole use and benefit of the 
     Northern Cheyenne Tribe, except that surface lands that have 
     been allotted shall be recognized as held in trust for, or 
     owned in fee by (as the case may be), the Northern Cheyenne 
     allottees or their successors in interest.
       (D) The oil, gas, coal, coal methane, and other minerals, 
     including all rights appurtenant to such minerals, of such 
     parcel shall be vested in the United States in trust for the 
     sole use and benefit of the Northern Cheyenne Tribe.
       (2) Waivers and releases.--The following waivers and 
     releases shall be included in the Settlement Agreement:
       (A) A disclaimer and relinquishment by the Crow Tribe of 
     all right, jurisdiction, title, claim, or interest in the 
     lands and minerals within parcel number 2, including all 
     rights appurtenant to such land and minerals.
       (B) A release by the Crow Tribe of all persons and 
     entities, including the United States, the Northern Cheyenne 
     Tribe, the Northern Cheyenne allottees and their successors 
     in interest, from any liability arising from, or related to, 
     the 1891 survey and the subsequent occupancy and use of 
     parcel number 2.
       (3) Enforcement.--The provisions of subsection (b) may be 
     enforced, in law or in equity, by the Northern Cheyenne 
     Tribe, Northern Cheyenne allottees, and their successors in 
     interest, in accordance with their respective interests.
       (c) Property Within Parcel Number 3 and Parcel Number 4.--
       (1) In general.--With respect to the property within parcel 
     number 3 and parcel number 4, the boundary of the Crow Indian 
     Reservation shall be the 1891 survey line.
       (2) Prohibition.--Nothing in this Act or the Settlement 
     Agreement may alter, diminish, disturb, or cause to be 
     divested any right, title, or interest of any person or 
     entity in any land, coal, or mineral within parcel number 3 
     or parcel number 4 that is based on the 1891 survey line.
       (3) Waivers and releases.--The following waivers and 
     releases shall be included in the Settlement Agreement:
       (A) A disclaimer and relinquishment by the Crow Tribe of 
     all right, jurisdiction, title, claim, or interest in the 
     lands and minerals situated within parcel number 3 and parcel 
     number 4.
       (B) A release by the Crow Tribe of all persons and 
     entities, including the United States, from any liability 
     arising from, or related to, the 1891 survey and the 
     subsequent occupancy and use of parcel number 3 and parcel 
     number 4.
       (d) Exchange of Public Lands.--With respect to the land 
     exchanges with the State of Montana and private landowners 
     made under this Act the following provisions shall apply:
       (1) In general.--(A) The Secretary shall negotiate with the 
     State of Montana for the purpose of exchanging public lands 
     within the State of Montana for State trust lands within the 
     Crow Reservation having a total value substantially equal to 
     the value of the surface estate of the approximately 46,625 
     acres of State trust lands obtained by the State of Montana 
     pursuant to the Act of February 22, 1889 (commonly known as 
     the ``Montana Enabling Act''; 25 Stat. 676, chapter 180), and 
     the Act entitled ``An Act to provide for the allotment of 
     lands of the Crow Tribe for the distribution of tribal funds 
     and for other purposes'' approved June 4, 1920 (commonly 
     known as the ``Crow Allotment Act''; 41 Stat. 751, chapter 
     224) within the Crow Indian Reservation and the disputed 
     area.
       (B) The exchange described in subparagraph (A) shall be in 
     accordance with the exchange procedures set forth in section 
     206 of the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1716).
       (C) In determining the fair market value of the lands 
     described in subparagraph (A), the parties to the exchange 
     shall give due consideration to the value of improvements on 
     the lands.
       (D) The Secretary shall ensure that lands exchanged 
     pursuant to this paragraph as part of the settlement of the 
     107th Meridian boundary dispute made pursuant to this Act 
     shall be selected in such manner that the financial impact on 
     local governments, if any, will be minimized.
       (E) The Secretary shall provide such financial or other 
     assistance to the State of Montana and to the Crow Tribe as 
     may be necessary to obtain the appraisals, and to satisfy 
     administrative requirements, necessary to accomplish the 
     exchanges made pursuant to subparagraph (A).
       (F) Upon approving an exchange made pursuant to this 
     paragraph, the Secretary shall--
       (i) receive title to the State trust lands involved in the 
     exchange on behalf of the United States; and
       (ii) transfer title to the public lands disposed of 
     pursuant to the exchanges with the State of Montana by such 
     means of conveyance as the Secretary considers appropriate.
       (G) Title to the State trust lands acquired pursuant to the 
     exchanges made with the State of Montana pursuant to this 
     paragraph shall be vested in the United States in trust for 
     the sole use and benefit of the Crow Tribe and shall be 
     recognized as part of the Crow Indian Reservation.
       (2) Requirement for exchanges.--(A) In carrying out the 
     exchanges with the State of Montana pursuant to paragraph 
     (1), the Secretary shall, during a period of at least 5 years 
     beginning on the date on which the Settlement Agreement 
     becomes effective, give first priority to the exchange of 
     public lands within the State of Montana for State trust 
     lands owned by the State of Montana as of the date of the 
     enactment of this Act.
       (B) Subject to subparagraph (C), if, for any reason, after 
     the expiration of the period specified in subparagraph (A), 
     the exchanges of the State trust lands identified in 
     paragraph (1) have not provided the Crow Tribe with a total 
     of 46,625 acres of surface lands within the boundaries of the 
     existing Crow Indian Reservation (including parcel number 1), 
     the Secretary shall, at the request of, and in cooperation 
     with, the Crow Tribe, develop and implement a program to 
     provide the Crow Tribe with additional land within the Crow 
     Indian Reservation (including parcel number 1) through land 
     exchanges with private landowners.
       (C) The total value of--
       (i) the value of the lands exchanged and acquired for the 
     Crow Tribe pursuant to paragraph (1), and
       (ii) the value of the lands exchanged and acquired for the 
     Crow Tribe pursuant to this paragraph,
     shall not exceed the value of the surface estate of the 
     46,625 acres of land identified in paragraph (1)(A).
       (D) In carrying out a program developed pursuant to this 
     paragraph, the Secretary may exchange public lands within the 
     State of Montana for private lands of substantially equal 
     value within the boundaries of the existing Crow Indian 
     Reservation in accordance with section 206 of the Federal 
     Land Policy Management Act of 1976 (43 U.S.C. 1716).
       (E) In determining the fair market value of the lands 
     described in subparagraph (D), the parties to an exchange 
     made pursuant to subparagraph (D) shall give due 
     consideration to the value of improvements on the lands.
       (F) If the Secretary obtains private lands pursuant to 
     subparagraph (D), the Secretary shall transfer title to such 
     lands to the Crow Tribe.
       (G) Title to any private or public lands transferred to the 
     Crow Tribe pursuant to this paragraph shall--
       (i) be vested in the United States in trust for the sole 
     use and benefit of the Crow Tribe; and
       (ii) be recognized as part of the Crow Indian Reservation, 
     if such lands are located within the boundaries of the Crow 
     Indian Reservation.
       (H) The Crow Tribe shall assist in obtaining prospective 
     willing parties to exchange private lands within the Crow 
     Indian Reservation for public lands within the State of 
     Montana pursuant to this paragraph.
       (e) Crow Tribal Trust Fund.--The Settlement Agreement shall 
     include provisions governing the distribution of interest 
     income to the Crow Tribe from the Crow Tribal Trust Fund 
     pursuant to the terms and conditions described in section 6.

     SEC. 6. ESTABLISHMENT AND ADMINISTRATION OF CROW TRIBAL TRUST 
                   FUND.

       (a) Establishment of Crow Tribal Trust Fund.--
       (1) In general.--There is established in the Treasury of 
     the United States a trust fund to be known as the ``Crow 
     Tribal Trust Fund''.
       (2) Availability of amounts in the crow tribal trust 
     fund.--Amounts in the Crow Tribal Trust Fund shall be 
     available, without fiscal year limitation, to the Secretary 
     for distribution to the Crow Tribe in accordance with 
     subsection (d).
       (b) Contributions to Crow Tribal Trust Fund.--
       (1) In general.--Subject to paragraph (2) and the 
     requirements of section 10--
       (A) on or before November 30, 1994, the Secretary of the 
     Treasury shall deposit into the Crow Tribal Trust Fund an 
     amount equal to the amounts of royalties received and 
     retained by the United States during fiscal year 1994 from 
     the East Decker, West Decker, and Spring Creek coal mines; 
     and
       (B) commencing with fiscal year 1995 and for such period 
     thereafter as may be necessary, the Secretary and the 
     Secretary of the Treasury shall make necessary and proper 
     arrangements for the monthly payment, transfer, or deposit 
     (or any combination thereof) into the Crow Tribal Trust Fund 
     of the royalties received and retained by the United States 
     for the immediately preceding month from the East Decker, 
     West Decker, and Spring Creek coal mines in the State of 
     Montana for the life of such mines, including any extensions 
     of the existing leases for such mines and any expansions of 
     such mines to nearby and adjacent federally owned coal 
     deposits, as specified in the Settlement Agreement.
       (2) Amount of royalties.--The total amount of royalties 
     described in paragraph (1) that are paid, transferred, or 
     deposited into the Crow Tribal Trust Fund shall not exceed, 
     in the aggregate, $85,000,000, excluding--
       (A) any interest earned on moneys in the Crow Tribal Trust 
     Fund; and
       (B) the funds transferred to the Suspension Accounts 
     pursuant to section 10.
       (3) Payments of royalties received and retained by the 
     united states.--Subject to paragraph (2) and the requirements 
     of section 10, the royalties received and retained by the 
     United States from the East Decker, West Decker, and Spring 
     Creek coal mines shall be paid, transferred or deposited into 
     the Crow Tribal Trust Fund not later than 30 days after the 
     date on which the royalties are due and paid.
       (4) Additional payments.--The Federal Government shall make 
     payments, in addition to the payments referred to in 
     paragraph (3), from the royalties received and retained by 
     the United States from other coal mines within the State of 
     Montana into the Crow Tribal Trust Fund in an amount equal to 
     any lost interest income (as determined by the Secretary), if 
     any portion of the sums described in paragraph (3) are not 
     paid, transferred or deposited into the Crow Tribal Trust 
     Fund within the 30-day period prescribed in paragraph (3).
       (c) Investment.--The Secretary and Secretary of the 
     Treasury shall invest all sums deposited into, accruing to, 
     and remaining in, the Crow Tribal Trust Fund in interest-
     bearing deposits and securities in accordance with the Act of 
     February 12, 1929 (45 Stat. 1164, chapter 178; 25 U.S.C. 
     161a) or the Act of June 24, 1938 (52 Stat. 1037, chapter 
     648; 25 U.S.C. 162a).
       (d) Distribution of Interest.--
       (1) In general.--Only the interest received on funds in the 
     Crow Tribal Trust Fund shall be available for distribution by 
     the Secretary to the Crow Tribe for use for education, land 
     acquisition, economic development, youth and elderly programs 
     or other tribal purposes in accordance with plans and budgets 
     developed and approved by the Crow Tribe and approved by the 
     Secretary.
       (2) Requirements for distribution of interest.--Commencing 
     with fiscal year 1996 and for each fiscal year thereafter, 
     without fiscal year limitation, the interest received on 
     monies in the Crow Tribal Trust Fund shall be available for 
     distribution under this subsection only if--
       (A) the United States and the Crow Tribe enter into the 
     Settlement Agreement; and
       (B) the requirements of section 9 relating to the approval 
     and execution of the Settlement Agreement are satisfied.
       (3) Prohibition.--No portion of the Crow Tribal Trust Fund 
     or the interest earned on the Crow Tribal Trust Fund may be 
     distributed to members of the Crow Tribe on a per capita 
     basis.
       (e) Use of Interest for Economic Development.--
     Notwithstanding any other provision of law, the Crow Tribe 
     may, subject to approval by the Secretary, assign the right 
     of the Crow Tribe to the interest earned on monies in the 
     Crow Tribal Trust Fund to a third party in connection with 
     loans made for economic development projects on or near the 
     Crow Indian Reservation.
       (f) Limitation.--Notwithstanding any other provision of 
     law, no portion of the principal of the Crow Tribal Trust 
     Fund shall be available for withdrawal or disbursement or 
     used for any purpose other than the purposes specified in 
     this section and section 10.

     SEC. 7. ELIGIBILITY FOR OTHER FEDERAL SERVICES; TAX 
                   EXEMPTION.

       No payments made or benefits conferred pursuant to this Act 
     shall--
       (1) result in the reduction or denial of any Federal 
     services or programs to any tribe or to any member of a tribe 
     to which the tribe or member of the tribe is entitled or 
     eligible because of the status of the tribe as a federally 
     recognized Indian tribe or the status of a member of such 
     tribe as a member; or
       (2) be subject to any Federal or State income tax.

     SEC. 8. EXCHANGES OF LAND OR MINERALS.

       (a) In General.--(1) Subject to approval by the Secretary, 
     the Crow Tribe may exchange any land or minerals to which its 
     title is recognized in or obtained pursuant to this Act for 
     other land or minerals of substantially equivalent value 
     within the Crow Indian Reservation (including parcel number 
     1).
       (2) Lands or minerals received by the Crow Tribe in any 
     exchange made pursuant to paragraph (1) shall be--
       (A) vested in the United States in trust for the sole use 
     and benefit of the Crow Tribe; and
       (B) recognized as part of the Crow Indian Reservation.
       (b) Ownership by Non-Indians.--Any land or minerals 
     received by a person who is not an Indian in an exchange 
     referred to in subsection (a) shall be owned in fee.

     SEC. 9. APPLICABILITY.

       (a) In General.--The Act shall take effect upon the 
     occurrence of the following conditions:
       (1) The Settlement Agreement is approved and executed by 
     the Secretary.
       (2) The Settlement Agreement is approved and executed by 
     the Crow Tribe.
       (3) The Settlement Agreement and the releases and waivers 
     required by section 5 are approved and duly executed by the 
     Crow Tribe in accordance with the requirements and procedures 
     set forth in the constitution of the Crow Tribe.
       (4) The Settlement Agreement becomes effective in 
     accordance with the terms and conditions specified in the 
     Settlement Agreement.
       (b) Approval of Releases and Waivers.--The United States 
     hereby approves and confirms the releases and waivers 
     required by section 5.

     SEC. 10. ESCROW FUNDS.

       (a) In General.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall make distributions 
     from the 107th meridian escrow fund as follows:
       (1) One-half of the fund shall be distributed to the Crow 
     Tribe.
       (2) One-half of the fund shall be distributed to the 
     Northern Cheyenne Tribe.
       (3) The receipt and acceptance by a tribe of funds 
     distributed under this section shall be deemed to be--
       (A) a disclaimer, relinquishment and waiver by such tribe 
     of all right, claim or interest in the 107th meridian escrow 
     fund; and
       (B) a release by such tribe of all persons and entities, 
     including the United States, from any liability arising from, 
     or related to, the establishment and administration of the 
     107th meridian escrow fund.
       (b) Establishment of Suspension Accounts.--As soon as 
     practicable after the Settlement Agreement is executed and 
     approved pursuant to this Act, the Secretary of the Treasury 
     shall establish in the Treasury of the United States two 
     interest bearing accounts to be known respectively as the 
     ``Crow Tribal Suspension Account'' and the ``Northern 
     Cheyenne Tribal Suspension Account'' (collectively referred 
     to in this subsection as the ``Suspension Accounts''), 
     consisting of--
       (1) such amounts as are transferred to the Suspension 
     Accounts under subsection (c); and
       (2) any interest earned on investments of amounts in the 
     Suspension Accounts under subsection (e).
       (c) Contributions to the Suspension Accounts.--
       (1) In general.--Beginning with fiscal year 1995, and 
     ending on the date on which the total amount deposited 
     pursuant to this subsection into the Suspension Accounts is 
     equal to $200,000 for each such account (as specified in 
     subsection (d)), the Secretary and the Secretary of the 
     Treasury shall make necessary and proper arrangements for the 
     monthly payment, transfer, or deposit (or any combination 
     thereof) into each of the Suspension Accounts of an amount 
     equal to one-half of the royalties received and retained by 
     the United States for the immediately preceding month, as 
     determined in accordance with section 6(b)(1), by the date 
     specified under section 6(b)(3).
       (2) Subsequent deposits.--At such time as the amount 
     deposited pursuant to this subsection into the Suspension 
     Accounts is equal to $200,000 for each such account (as 
     specified in subsection (d)), in accordance with section 
     6(b)(1), the Secretary and the Secretary of the Treasury 
     shall thereafter deposit any remaining amounts determined 
     under section 6(b)(1) in the Crow Tribal Trust Fund 
     established under section 6(a).
       (d) Limitation.--The Secretary and the Secretary of the 
     Treasury shall not transfer more than a total amount equal to 
     $200,000 to each of the Suspension Accounts from the amounts 
     determined under section 6(b)(1).
       (e) Investment.--All sums deposited in, accruing to and 
     remaining in the Suspension Accounts shall be invested by the 
     Secretary and the Secretary of the Treasury in interest 
     bearing deposits and securities in accordance with the Act of 
     June 24, 1938 (52 Stat. 1037, chapter 648; 25 U.S.C. 162a).
       (f) Withdrawals and Termination.--
       (1) In general.--(A) Beginning on the date that is 5 years 
     after the date of enactment of this Act, the Crow Tribe and 
     the Northern Cheyenne Tribe may each submit a duly authorized 
     request to the Secretary for the withdrawal of all of the 
     funds from the Suspension Account of the tribe established 
     under subsection (b).
       (B) Not later than 60 days after receiving a request for 
     the distribution of funds from a Suspension Account made by a 
     tribe under subparagraph (A)--
       (i) the Secretary shall, in cooperation with the Secretary 
     of the Treasury, withdraw and distribute such funds in 
     accordance with such request; and
       (ii) the Secretary of the Treasury shall terminate the 
     Suspension Account.
       (2) Other means of termination--With respect to a 
     Suspension Account established under subsection (b) that is 
     not terminated pursuant to paragraph (1), at such time as the 
     corpus and the accrued interest of the Suspension Account of 
     the Crow Tribe or the Northern Cheyenne Tribe is 
     approximately equal to the amount specified in paragraph (1) 
     or (2) of subsection (a), the Secretary of the Treasury shall 
     terminate the Suspension Account and the Secretary of the 
     Interior shall distribute the funds from the Suspension 
     Account to the tribe.

     SEC. 11. FORT LARAMIE TREATY OF 1868.

       Except for the adjustment to the eastern boundary of the 
     Crow Indian Reservation, nothing in this Act or in the 
     Settlement Agreement shall affect or modify the terms and 
     conditions of the treaty between the United States of America 
     and the Crow Tribe of Indians concluded May 7, 1868 (commonly 
     known as the ``Fort Laramie Treaty of 1868''; 15 Stat. 649).

     SEC. 12. SATISFACTION OF CLAIMS.

       The benefits available to the Crow Tribe under the terms 
     and conditions of this Act and the Settlement Agreement shall 
     constitute full and complete satisfaction of all claims by 
     the Crow Tribe and the members of the Crow Tribe arising from 
     or related to the erroneous survey of the 107th meridian 
     described in section 2(a)(3).

     SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Department 
     of the Interior such sums as are necessary to carry out this 
     Act.

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