[House Report 113-597]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-597

======================================================================



 
                      NORTHERN CHEYENNE LANDS ACT

                                _______
                                

 September 15, 2014.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4350]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 4350) to direct the Secretary of the Interior to 
take lands and mineral rights on the reservation of the 
Northern Cheyenne Tribe of Montana and other culturally 
important lands into trust, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Northern Cheyenne Lands Act''.

SEC. 2. FINDINGS.

  Congress finds the following:
          (1) The Northern Cheyenne Tribe has depended on its lands and 
        land-based resources to support its way of life since time 
        immemorial.
          (2) The Tribe has made supreme and historic sacrifices to 
        repossess and maintain its homeland, including its Reservation 
        in Montana.
          (3) The Tribe currently suffers from tremendous social and 
        economic challenges, including a lack of employment 
        opportunities on the Reservation, which can be improved by 
        strengthening its control over its land base, natural 
        resources, and trust funds.
          (4) The Tribe and its members are currently the beneficial 
        owners of over 95 percent of the surface lands on the Northern 
        Cheyenne Reservation and all but approximately 5,000 subsurface 
        acres of the Reservation.
          (5) The Tribe seeks to obtain ownership of approximately 
        5,000 subsurface acres on its Reservation it does not own 
        because of an error by the United States to secure that 
        subsurface when the Reservation was expanded in 1900.
          (6) In 2002, the Tribe agreed by settlement to dismiss its 
        lawsuit against the United States, which alleged that the 
        United States failed to protect the Reservation from the 
        impacts of coal development, in return for assistance in 
        securing tribal ownership of those subsurface rights 
        substantially in the form of this Act, and to secure mitigation 
        funding to address the impacts of coal development in areas 
        adjacent to the Reservation, among other conditions.
          (7) To increase tribal ownership of the surface lands, the 
        Tribe has purchased approximately 932 acres of land within its 
        Reservation that were taken out of trust ownership status for 
        various reasons.
          (8) The Tribe has purchased approximately 635 acres of land 
        near Bear Butte, South Dakota, which the Tribe considers sacred 
        ground for its members, as well as for members of other tribes.
          (9) The Tribe now seeks to have the aforementioned lands and 
        subsurface within the Reservation and Bear Butte lands taken 
        into trust on its behalf by the United States.
          (10) If the actions authorized by this Act are completed, the 
        Tribe will waive all legal claims against the United States 
        arising out of the longstanding loss of the subsurface rights 
        and arising out of the United States management of the Northern 
        Cheyenne Trust Fund.

SEC. 3. DEFINITIONS.

  In this Act:
          (1) Fund.--The term ``Fund'' means the Northern Cheyenne 
        Trust Fund identified in the June 7, 1999 Agreement Settling 
        Certain Issues Relating to the Tongue River Dam Project which 
        was entered into by the Tribe, the State of Montana, and 
        delegates of the Secretary of the Interior, and managed by the 
        Office of Special Trustee in the Department of the Interior.
          (2) Great northern properties.--The term ``Great Northern 
        Properties'' means the Great Northern Properties Limited 
        Partnership, which is a Delaware limited partnership.
          (3) Permanent fund.--The term ``Permanent Fund'' means the 
        Northern Cheyenne Tribe Permanent Fund managed by the Northern 
        Cheyenne Tribe pursuant to the Plan for Investment, Management 
        and Use of the Fund, as amended by vote of the Tribal 
        membership on November 2, 2010.
          (4) Reservation.--The term ``Reservation'' means the Northern 
        Cheyenne Reservation.
          (5) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (6) State.--The term ``State'' means the State of Montana.
          (7) Tribe.--The term ``Tribe'' means the Northern Cheyenne 
        Tribe.

SEC. 4. TRIBAL FEE LANDS TO BE TAKEN INTO TRUST.

  Not later than 60 days after the date of the enactment of this Act, 
the Secretary shall take the approximately 1,568 acres of land depicted 
on the map entitled ``Northern Cheyenne Land Act--Fee-to-Trust Lands'' 
and dated March 26, 2014, and on the map entitled ``Northern Cheyenne 
Land Act--Fee-to-Trust Lands--Lame Deer Townsite'', and dated March 26, 
2014, into trust for the benefit of the Northern Cheyenne Tribe.

SEC. 5. MINERAL RIGHTS TO BE TAKEN INTO TRUST.

  (a) Completion of Mineral Conveyances.--Not later than 60 days after 
the date on which the Secretary receives the notification described in 
subsection (d), in a single transaction--
          (1) Great Northern Properties shall convey to the Tribe all 
        right, title, and interest of Great Northern Properties, 
        consisting of coal and iron ore mineral interests, underlying 
        the land on the Northern Cheyenne Reservation generally 
        depicted as ``Great Northern Properties'' on the map entitled 
        ``Northern Cheyenne Land Act--Coal Tracts'' and dated February 
        27, 2014;
          (2) the Secretary shall convey to Great Northern Properties 
        all right, title, and interest of the United States in and to 
        the coal mineral interests underlying the land generally 
        depicted as ``Bull Mountains'' and ``East Fork'' on the map 
        entitled ``Northern Cheyenne Land Act--Coal Tracts'' and dated 
        February 27, 2014; and
          (3) the Secretary shall ensure that the deed for the 
        conveyance authorized by paragraph (2) shall include a 
        covenant, running with the land--
                  (A) that precludes the coal conveyed from being mined 
                by methods other than underground mining techniques 
                until any surface owner (as defined in section 714 of 
                Public Law 95-87 (30 U.S.C. 1304(e))) for any specific 
                tract has given written consent to Great Northern 
                Properties to enter such specific tract and commence 
                surface mining; and
                  (B) shall not create any property interest in the 
                United States or any surface owner (as defined in 
                section 714 of Public Law 95-87 (30 U.S.C. 1304(e))).
  (b) Trust Status.--Upon tribal request, the coal and iron ore mineral 
interests conveyed to the Tribe under this section shall be held in 
trust by the United States for the benefit of the Tribe.
  (c) Immunities.--The right, title, and interests conveyed to the 
Tribe under subsection (a)(1) shall not be subject to taxation by the 
State of Montana (including any political subdivision of the State of 
Montana).
  (d) Revenue Sharing Agreement.--Consistent with the Settlement 
Agreement entered into effective February 19, 2002, by the Montana 
State Board of Land Commissioners and the Tribe, the Tribe and Great 
Northern Properties have agreed on a formula for sharing revenue from 
development of the Northern Cheyenne Federal Tracts in the event that 
the Northern Cheyenne Federal Tracts are developed at a later date. The 
Tribe shall notify the Secretary in writing that the revenue sharing 
agreement remains in effect.
  (e) Waiver of Legal Claims.--In return for the conveyances of mineral 
interests under subsection (a)--
          (1) the Tribe shall waive any and all claims arising from the 
        continuing failure of the United States to acquire the private 
        coal and iron ore mineral interests identified in subsection 
        (a)(1) in trust for the Tribe as part of the Reservation as 
        directed by Congress in 1900; and
          (2) Great Northern Properties shall waive any claim against 
        the United States relating to the value or completion of the 
        conveyances under subsection (a).
  (f) Rescission of Mineral Conveyances.--If any portion of the mineral 
conveyances under subsection (a) is invalidated by a court of competent 
jurisdiction and the judgment of that court is not vacated or reversed 
on appeal--
          (1) not later than 1 year after the date on which there is a 
        final judgment, the Secretary or Great Northern Properties may 
        rescind completely each mineral conveyance under subsection 
        (a); and
          (2) if the Secretary or Great Northern Properties carries out 
        a rescission under paragraph (1), the waiver of the Tribe under 
        this section shall be considered to be rescinded.

SEC. 6. TRANSFER OF NORTHERN CHEYENNE TRUST FUND TO TRIBE.

  (a) Transfer of Fund.--Not later than 30 days after the date of the 
enactment of this Act, the Fund shall be transferred to the Tribe and 
deposited into the Tribe's Permanent Fund.
  (b) Permitted Uses of Fund.--The principal of the Fund, upon deposit 
in the Permanent Fund, shall be maintained in perpetuity, and the 
earnings of the Permanent Fund shall be used as provided in the 
Northern Cheyenne Tribe Permanent Fund Plan.
  (c) Waiver of Legal Claims.--In return for transfer of the Fund under 
subsection (a), the Tribe shall waive any and all claims arising from 
the United States management of the Fund.

SEC. 7. ELIGIBILITY FOR OTHER FEDERAL BENEFITS.

  No sums or other benefits provided to the Tribe under this Act shall 
result in the reduction or denial of any Federal services, benefits, or 
programs to the Tribe or to any member of the Tribe to which the Tribe 
or member is entitled or eligible because of--
          (1) the status of the Tribe as a federally recognized Indian 
        tribe; or
          (2) the status of the member as a member of the Tribe.

                          PURPOSE OF THE BILL

    The purpose of H.R. 4350 is to direct the Secretary of the 
Interior to take lands and mineral rights on the reservation of 
the Northern Cheyenne Tribe of Montana and other culturally 
important lands into trust.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 4350 authorizes a land exchange to consolidate in 
tribal ownership approximately 5,000 acres (or about 8 
sections) of private subsurface land within the Northern 
Cheyenne Indian Reservation in Montana. The subsurface contains 
a significant quantity of saleable coal. The bill also places 
two parcels of off-reservation land owned by the Northern 
Cheyenne Tribe into trust, waives certain claims of the Tribe 
against the United States, and transfers certain funds held by 
the United States in trust for the benefit of the Tribe into 
the Tribe's Permanent Fund.
    The Northern Cheyenne Lands Act is supported by the entire 
State of Montana's Board of Land Commissioners, the Montana-
Wyoming Tribal Leader's Council, and the National Congress of 
American Indians.
    In 1884, an Executive Order reserved lands bordering the 
Crow Reservation for the benefit of the Northern Cheyenne 
Indians who had returned to their southeastern Montana 
homelands after a forced relocation to Oklahoma in 1877. In 
1900, pursuant to an Act of Congress and another Executive 
Order, the reservation was expanded eastward to the Tongue 
River, and an Indian Inspector embarked on a plan to ease 
hostilities and tensions between the Tribe's members and non-
Indian settlers and squatters by purchasing all private (mostly 
railroad) lands within the Tribe's reservation. The Indian 
Inspector, however, missed approximately 8 sections of 
subsurface land owned by Northern Pacific Railway. The 
subsurface land bears significant coal resources.
    Today, a majority of the Tribe's 10,000 members reside on 
the reservation, almost all of which is held in trust by the 
United States for the benefit of the Tribe except approximately 
5,000 acres of subsurface coal. The coal interests in the 5,000 
acres of subsurface the government failed to purchase are 
currently owned by Great Northern Properties (GNP), a privately 
held limited liability partnership that in 1992 acquired a 
portion of the former Northern Pacific Railroad land grant 
lands in Eastern Montana and Western North Dakota (Letter of 
May 21, 2014, submitted for the Subcommittee hearing record on 
H.R. 4350, from Charles H. Kerr, President and CEO, Great 
Northern Properties Limited Partnership).
    The Tribe filed claims against the United States for its 
failure to purchase the eight sections of mineral estate owned 
by GNP within its reservation. More than 20 years ago, the 
Tribe approached GNP with a proposal to acquire the eight 
section inholding through a land exchange with the Bureau of 
Land Management (BLM). H.R. 4350 authorizes the exchange 
negotiated by the Tribe and GNP.
    Under H.R. 4350, GNP shall transfer to the Tribe (to be 
held in trust by the Secretary of the Interior) its mineral 
interests in all eight sections of land in the reservation. 
These lands are depicted as ``Great Northern Properties'' on a 
map entitled ``Northern Cheyenne Land Act--Coal Tracts'' (note: 
due to a drafting error H.R. 4350 as introduced uses an 
incorrect map title). The Secretary shall then convey to GNP an 
equivalent amount of federal mineral interests (on a ton-for-
ton basis) in tracts of BLM-administered land off the 
reservation. Such lands are depicted as ``Bull Mountains'' and 
``East Fork'' on the same map.
    Under the exchange authorized by H.R. 4350, GNP will 
relinquish to the Tribe 117.5 million tons of estimated 
saleable coal amenable to surface mining. GNP will receive in 
return approximately 112.9 million tons of estimated saleable 
coal amenable to a combination of underground and surface 
mining methods. Significant tracts transferred to GNP are 
speculative for mining development because mining conditions 
are challenging and significant amounts of coal are lower 
quality than that of the tracts GNP relinquishes to the Tribe. 
A detailed technical analysis of the coal and mining conditions 
on tracts conveyed to the Tribe and GNP is included in GNP's 
May 21, 2014, letter for the record (referenced above).
    The land exchange is triggered when the Tribe notifies the 
Secretary of the Interior in writing that a revenue sharing 
agreement described in Section 5(d) of the bill is in effect. 
Under the revenue sharing agreement, which was negotiated by 
the Tribe and GNP (consistent with a Settlement Agreement 
entered into effective February 19, 2002, by the Montana State 
Board of Land Commissioners and the Tribe), the Tribe will 
receive a 40 percent royalty from GNP's development of coal on 
the federal tracts transferred to GNP. The revenues will assist 
the Tribe in mitigating impacts from the mining of coal around 
its reservation. Moreover, the revenues will offset a 40 
percent royalty BNSF Railroad (or its successors) would receive 
from the development of coal in the reservation inholding. Such 
a royalty is required pursuant to the 1992 purchase agreement 
whereby GNP acquired the eight sections of land in the Northern 
Cheyenne Reservation. This royalty is a covenant running with 
the land.
    H.R. 4350 does not require the Tribe to develop any coal on 
its trust lands. Such development remains at the discretion of 
the Tribe. A tribal coal lease would undergo the usual review 
and approval of the Secretary of the Interior in accordance 
with applicable federal Indian mineral leasing laws.
    Under the legislation, when the mineral conveyances under 
the bill are completed, the Tribe shall waive its claims 
related to the government's error committed in 1900 when it 
failed to purchase the 5,000 acres of subsurface estate that is 
today privately held by a non-Indian entity.
    In addition to authorizing mineral conveyances, H.R. 4350 
would transfer in trust several parcels of land the tribe 
currently owns in fee. The parcels total approximately 1,568 
acres and are located within the tribe's reservation, off the 
reservation in Big Horn County, Montana, and in Meade County, 
South Dakota. The Tribe reports the South Dakota lands are 
sacred. These trust conveyances are depicted on maps entitled 
``Northern Cheyenne Land Act--Fee-to-Trust Lands'' dated March 
26, 2014; ``Northern Cheyenne Land Act--Fee-to-Trust Lands--
Lame Deer Townsite'' dated March 26, 2014.
    Finally, H.R. 4350 would transfer to the tribe a trust fund 
created under 1999 Agreement settling issues relating to the 
Tongue River Dam project. The trust fund is currently held by 
the Department of the Interior's Office of the Special Trustee 
for American Indians.
    In the 112th Congress, a similar bill to consolidate the 
Northern Cheyenne Reservation through a land exchange with GNP 
and BLM was considered in the Natural Resources Committee. H.R. 
1158 (Rehburg) was favorably reported by the Committee by 
unanimous consent following a hearing in which the 
Administration, the Tribe, and GNP testified. See H. Rept. 112-
299. No further action occurred on the bill.
    The Administration supports the goals of H.R. 4350 with 
certain modifications to address technical concerns. During 
Full Committee markup of the bill, an amendment addressing 
technical concerns--correcting a typographical error relating 
to the name of a map--was adopted.
    The importance of H.R. 4350 to the Northern Cheyenne 
Indians cannot be understated. President Llevando ``Cowboy'' 
Fisher, appearing before the Subcommittee on Indian and Alaska 
Native Affairs, testified that the bill ``will improve the 
Tribe's ability to self-govern and control its own destiny and 
will provide sorely needed economic development opportunities. 
I want to stress that the Northern Cheyenne Lands Act is a 
Tribal bill.''

                            COMMITTEE ACTION

    H.R. 4350 was introduced on April 1, 2014, by Congressman 
Steve Daines (R-MT). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the 
Subcommittees on Indian and Alaska Native Affairs and Energy 
and Mineral Resources. On May 7, 2014, the Subcommittee on 
Indian and Alaska Native Affairs held a hearing on the bill. On 
May 29, 2014, the Natural Resources Committee met to consider 
the bill. The Subcommittees on Indian and Alaska Native Affairs 
and Energy and Mineral Resources were discharged by unanimous 
consent. Congressman Daines offered an amendment designated 
Young #1; the amendment was adopted by voice vote. No further 
amendments were offered and the bill, as amended, was then 
adopted and ordered favorably reported to the House of 
Representatives by voice vote.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for this bill from the 
Director of the Congressional Budget Office:

H.R. 4350--Northern Cheyenne Lands Act

    Summary: H.R. 4350 would require the Bureau of Land 
Management (BLM) to convey 9,400 acres of land containing coal 
deposits to Great Northern Properties, a private company, if 
the company conveys certain mineral rights to the Northern 
Cheyenne Tribe. The land conveyances would not be finalized 
unless the tribe waived all claims related to the failure of 
the United States to acquire certain mineral rights underlying 
the tribe's reservation land.
    Based on information provided by BLM, the tribe, and firms 
operating in the coal industry, CBO estimates that enacting the 
legislation would reduce net offsetting receipts (thus 
increasing direct spending) by $2 million in 2024; therefore, 
pay-as-you-go procedures apply. Enacting the bill would not 
affect revenues and would have no significant impact on 
discretionary spending.
    H.R. 4350 would preempt the authority of state and local 
governments to tax land and mineral interests conveyed to the 
Northern Cheyenne Tribe of Montana. Those requirements would be 
mandates as defined in the Unfunded Mandates Reform Act (UMRA), 
but CBO estimates that the costs of the mandates would be 
minimal. The bill contains no private-sector mandates as 
defined in UMRA.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 4350 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       By fiscal year, in millions of dollars--
                                                            --------------------------------------------------------------------------------------------
                                                              2015    2016   2017   2018   2019   2020   2021   2022   2023   2024  2015-2019  2015-2024
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               CHANGES IN DIRECT SPENDING
 
Estimated Budget Authority.................................       0      0      0      0      0      0      0      0      0      2        0          2
Estimated Outlays..........................................       0      0      0      0      0      0      0      0      0      2        0          2
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted near the end of fiscal year 2014.

Forgone receipts from bonus bids

    H.R. 4350 would require BLM to convey 9,400 acres of 
federal land containing coal deposits to Great Northern 
Properties.
    Based on information provided by BLM and firms operating in 
the coal industry, CBO estimates that the affected lands 
contain 113 million tons of coal. CBO expects that, under 
current law, the federal government will lease lands containing 
up to 90 percent of that coal as early as 2024. Based on 
information regarding recent bonus bids paid for federal lands 
in western states containing coal, CBO expects that firms would 
pay between 30 and 40 cents per ton to lease the affected land, 
and we estimate that the bonus bids for those leases would 
total about $18 million. Because firms generally pay bonus bids 
on coal leases in five equal installments over a five-year 
period, CBO estimates that gross proceeds from bonus bids 
(before making payments to states) would be about $3 million in 
2024. CBO also estimates that conveying the affected lands 
would not affect offsetting receipts from royalties because any 
production on those lands will not occur until after 2024 under 
current law.
    Because BLM would distribute 49 percent of those proceeds 
to the state of Montana and CBO expects that the federal 
government would receive payment for those leases in equal 
installments over five years beginning in 2024, we estimate 
that enacting the bill would reduce net offsetting receipts by 
$2 million in 2024. That estimate reflects the expected value 
of offsetting receipts taking into account various scenarios 
regarding the quantity and value of the coal deposits and the 
timing of lease sales.

Waiver of claims

    The Northern Cheyenne Tribe asserts claims against the 
federal government because the government did not acquire 
mineral rights on lands that were added to the reservation in 
1900. Under the bill, the tribe would waive those claims. CBO 
expects that any litigation related to the claims would not be 
completed or settled within the next 10 years. Therefore, we 
estimate that the waiver of those claims would not affect 
direct spending during the next decade.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. H.R. 4350 would reduce the amount of offsetting 
receipts that would be deposited in the Treasury from certain 
coal leases; therefore, pay-as-you-go procedures apply. The net 
changes in outlays that are subject to those pay-as-you-go 
procedures are shown in the following table.

CBO ESTIMATE OF PAY-AS-YOU GO EFFECTS FOR H.R. 4350, THE NORTHERN CHEYENNE LANDS ACT, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON NATURAL RESOURCES ON
                                                                      MAY 29, 2014
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year, in millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2014   2015   2016   2017   2018   2019   2020   2021   2022   2023   2024  2014-2019  2014-2024
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact.......................      0      0      0      0      0      0      0      0      0      0      2        0          2
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: H.R. 4350 
would preempt the authority of state and local governments to 
tax land and mineral interests conveyed to the Northern 
Cheyenne Tribe of Montana. Those requirements would be mandates 
as defined in UMRA, but CBO estimates that the costs of the 
mandates would be minimal. The bill would benefit the Northern 
Cheyenne Tribe of Montana. The bill contains no private-sector 
mandates as defined in UMRA.
    Estimate prepared by: Federal costs: Jeff LaFave and Martin 
von Gnechten; Impact on state, local, and tribal governments: 
Jon Sperl; Impact on the private sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, spending authority, credit authority, or an increase 
or decrease in revenues or tax expenditures. Based on 
information provided by the Bureau of Land Management, the 
tribe, and firms operating in the coal industry, CBO estimates 
that enacting the legislation would reduce net offsetting 
receipts (thus increasing direct spending) by $2 million in 
2024.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to direct the Secretary of the 
Interior to take lands and mineral rights on the reservation of 
the Northern Cheyenne Tribe of Montana and other culturally 
important lands into trust.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                          


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