[House Report 119-581]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 119-581
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NORTH DAKOTA TRUST LANDS COMPLETION ACT OF 2026
----------------
April 2, 2026.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
----------------
Mr. Westerman, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 2252]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2252) to authorize the relinquishment and in
lieu selection of land and minerals in the State of North
Dakota, to restore land and minerals to Indian Tribes within
the State of North Dakota, and for other purposes, having
considered the same, reports favorably thereon with an
amendment and recommends 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 ``North Dakota Trust Lands Completion
Act of 2026''.
SEC. 2. 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.
SEC. 3. 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) Selection.--
(A) In general.--Subject to a mutual agreement
between the State and the Secretary, the land exchange
authorized under paragraph (1) may be carried out in a
single phase or multiple phases.
(B) List.--For each phase of the land exchange, the
State shall provide to the Secretary a selection list
in accordance with this Act, including all selected
parcels of unappropriated Federal land of substantially
equivalent value.
(C) Adjustments.--Adjustments to parcels included in
the selection list for each phase may be made as
necessary, not later than 120 days of delivery of the
list to the Secretary, to equalize the value of State
land grant parcels and the overall value of the parcels
of unappropriated Federal land selected.
(3) Approval.--Not later than 180 days after the date on
which the State makes a selection for each phase under
paragraph (2), the Secretary shall approve or reject, in whole
or in part, the selection for that phase.
(4) 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)(3),
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
for such Federal land 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)(3); or
(C) the State withdraws the selection.
SEC. 4. 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.
(6) Public inspection and notice.--
(A) Public inspection.--Not later than 30 days before
the date of any exchange of Federal land and non-
Federal land under this act, all final appraisals and
appraisal reviews for the land to be exchanged shall be
available for public review at the office of the State
Director of the Bureau of Land Management in the
Montana-Dakotas State Office.
(B) Notice.--The Secretary shall make available on
the public website of the Secretary, and the Secretary
or the State, as applicable, shall publish in a
newspaper of general circulation in North Dakota, a
notice that the appraisals conducted under subsection
(b) are available for public inspection.
SEC. 5. 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.
SEC. 6. 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.
PURPOSE OF THE LEGISLATION
The purpose of H.R. 2252 is to authorize the relinquishment
and in lieu selection of land and minerals in the State of
North Dakota, to restore land and minerals to Indian Tribes
within the State of North Dakota, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
In 1889, Congress passed legislation to ``provide for the
division of Dakota into two states, and to enable the people of
North Dakota, South Dakota, Montana, and Washington to form
constitutions and state governments, and to be admitted into
the union on an equal footing with the original states, and to
make donations of public lands to such states.''\1\ This
enabling statute granted approximately 2.6 million acres of
individual parcels to North Dakota to generate revenue to
``support common schools.''\2\ Today, North Dakota manages
approximately 706,600 acres of surface estate and 2.6 million
acres of mineral estate.\3\ To generate revenue, the state
manages roughly 8,300 oil and gas leases and approximately
4,400 agriculture leases on these lands.\4\ The revenue from
these leases is deposited into 13 permanent trust funds and
invested to provide long-term financing for education and other
public benefits the state provides.\5\
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\1\25 U.S. Statutes at Large, c 180 p 676.
\2\``Mission, Vision & History,'' North Dakota Department of Trust
Lands, https://www.land.nd.gov/mission-vision-history.
\3\Id.
\4\Joseph Heringer, North Dakota Commissioner of University and
School Lands, Testimony before the Senate Committee on Natural
Resources, July 12, 2023, https://www.energy.senate.gov/services/files/
406A4831-28DD-4778-951F-F9C4314254F4.
\5\Id.
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As a provision of the enabling statute, if promised land
parcels in townships had been sold before North Dakota became a
state, the law permitted the state government to receive
separate, unreserved federal lands ``in lieu'' of the
unavailable lands.\6\ The law did not permit in-lieu-of
selections to be located within Indian Reservations. However,
subsequent establishments of Tribal Reservations trapped more
than 31,000 surface acres and 130,000 acres of mineral estate
previously selected by the State of North Dakota within these
boundaries.\7\ According to the North Dakota Commissioner of
University and Lands, Joseph Heringer, the lands within Tribal
Reservations are ``unable to be developed pursuant to the
[s]tate's mandate to generate income for schools, universities,
and other public purposes.''\8\
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\6\Id.
\7\``Legislation would improve access to state-owned minerals,''
Minot Daily News, November 6, 2021, https://www.minotdailynews.com/
news/local-news/2021/11/legislation-would-improve-
access-to-state-owned-minerals/.
\8\Joseph Heringer, North Dakota Commissioner of University and
School Lands, Testimony before the Senate Committee on Natural
Resources, July 12, 2023, https://www.energy.senate.gov/services/files/
406A4831-28DD-4778-951F-F9C4314254F4.
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H.R. 2252 remedies this limitation by allowing North Dakota
to relinquish trapped state lands within Tribal Reservations to
the federal government and select ``in-lieu'' federal lands
elsewhere in the state. The bill requires the exchanges to be
equal-value transactions. North Dakota could access and develop
these lands to generate income for education and other public
purposes while providing greater land ownership for Tribes
within Reservation boundaries.
COMMITTEE ACTION
H.R. 2252 was introduced on March 21, 2025, by
Representative Julie Fedorchak (R-ND). The bill was referred to
the Committee on Natural Resources. On March 5, 2026, the
Committee on Natural Resources met to consider the bill.
Chairman Bruce Westerman (R-AR) offered an Amendment in the
Nature of a Substitute designated Westerman_063 ANS. The
Amendment in the Nature of a Substitute was agreed to by
unanimous consent. The bill, as amended, was ordered favorably
reported to the House of Representatives by unanimous consent.
HEARINGS
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
hearing in the 118th Congress by the Subcommittee on Federal
Lands held on July 24, 2024.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 names the legislation the ``North Dakota Trust
Lands Completion Act of 2026.''
Section 2. Definitions
Section 2 defines key terms used in the legislation.
Section 3. Relinquishment and selection; Conveyance
Section 3 authorizes the Secretary of the Interior
(Secretary) to allow the State of North Dakota (State) to
select one or more parcels of unappropriated federal land of a
substantially equivalent value if the State elects to
relinquish all right, title, and interest in a State land grant
parcel located wholly or partially within the boundaries of a
Tribal Reservation. The selection process is subject to mutual
agreement between the Secretary and State and may be carried
out in one or more phases. For each phase, the State must
submit a selection list identifying the parcels of
unappropriated federal land proposed for conveyance.
Adjustments to the selection list may be made within 120 days
of submission to equalize the value of the State land grant
parcels and the selected federal lands. The Secretary must
approve or reject each selection, in whole or in part, within
180 days. Section 3 also clarifies that the Secretary may
conduct environmental review of any parcel proposed for
relinquishment if the Secretary determines such review is
appropriate.
Section 3 also directs the Secretary to initiate the
conveyance of selected unappropriated federal land within 60
days after the State's selections are approved. The conveyance
must be subject to valid existing rights, occur by patent or
deed in a form acceptable to both the State and the Secretary,
and will not be considered a sale, exchange, or conveyance for
purposes of Sections 203, 205, 206, or 209 of the Federal Land
Policy and Management Act of 1976 (FLPMA).\9\ On the same date
that the unappropriated federal land is conveyed to the State,
the State must concurrently relinquish and convey to the
Secretary all right, title, and interest in the identified
State land grant parcel. The State must convey the parcel free
of any financial claims, liabilities, or encumbrances, and the
relinquishment shall not be considered an exchange or
acquisition under Sections 203, 205, or 206 of FLPMA.\10\
Section 3 further provides that each party receiving land under
this legislation succeeds 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, to the fullest extent allowable under federal and
state law.
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\9\43 U.S.C. 1713, 1715, 1716, 1719.
\10\43 U.S.C. 1715, 1716.
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Additionally, Section 3 stipulates that if a State land
grant parcel relinquished by the State is located wholly or
partially within the boundaries of a Tribal Reservation, the
applicable Indian Tribe may request that any portion of the
parcel located within the Reservation's boundaries be taken
into trust by the Secretary on behalf of the Tribe and
considered part of the Reservation. Prior to any such
conveyance, the Secretary and State must consult with the
affected Indian Tribe in accordance with Executive Order 13175
and other relevant laws.\11\
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\11\25 U.S.C. 5301 note; relating to consultation and coordination
with Indian tribal governments.
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Finally, Section 3 provides that any federal land selected
by the State for conveyance will be withdrawn from entry,
appropriation, or disposal under the public land laws; from
location, entry, and patent under the mining laws; and from
disposition under laws governing mineral and geothermal leasing
or mineral materials. Section 3 also clarifies that these
withdrawals take effect on the date the State makes the
selection and remain in place until the land is conveyed to the
State, the Secretary rejects the selection, or the State
withdraws the selection.
Section 4. Valuation
Section 4 requires that the overall value of a State land
grant parcel conveyed to the Secretary and the value of
unappropriated federal land selected by the State be
substantially equal. If the parcels are not of equal value, the
party conveying the parcel of lesser value must either equalize
the difference through a payment or record the value imbalance
in a ledger account for reconciliation in a later transaction.
Section 4 requires that the value of land to be conveyed be
determined through appraisals conducted by one or more
independent appraisers jointly selected by the Secretary and
the State and in accordance with standard appraisal
regulations.
Section 4 further clarifies that, in instances where the
State conveys a parcel that is of lesser value than the federal
land it receives, the total equalization payment or ledger
adjustment may not exceed 25 percent of the value of the
federal parcel. For parcels of relatively low value (i.e., less
than $500,000 per parcel or $500 per acre), the Secretary, with
the consent of the State, may rely on a mass appraisal, summary
appraisal, or statement of value prepared by a qualified
appraiser. Parcels may not be artificially divided to qualify
for this streamlined appraisal process. Additionally, Section 4
allows the Secretary and State to use a ledger account, which
reflects imbalances in value between conveyed parcels, to allow
for imbalances to be reconciled in a subsequent transaction.
Under Section 4, ledger accounts must be balanced within three
years of being established and closed within 5 years after the
final conveyance.
Furthermore, Section 4 establishes that the Secretary or
the State may assume costs or responsibilities associated with
conveying land that would normally fall to the other party, and
that the value of the conveyed land may be adjusted accordingly
to compensate for those costs. Section 4 also stipulates that,
in instances where the State selects federal land because of
the presence of leased minerals under the Mineral Leasing Act,
the value of such land be reduced by the amount of future
federal revenue sharing obligations the federal government
would have otherwise received.\12\ Such adjustment may not be
interpreted as establishing property rights of the State.
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\12\30 U.S.C. 181 et seq.
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Finally, Section 4 requires that final appraisals and
appraisal reviews be made available for public inspection at
least 30 days prior to any land conveyance. Section 4 also
clarifies that the Secretary must make the appraisals available
at the Bureau of Land Management's Montana-Dakotas State
Office, publish notice on the Department of the Interior's
website, and provide notice in a newspaper of general
circulation in the State.
Section 5. Miscellaneous
Section 5 stipulates that any land or minerals conveyed
under the legislation remain subject to applicable federal,
state, and Tribal laws. Section 5 further clarifies that
nothing in the bill modifies, limits, expands, or affects any
rights of Indian Tribes. Additionally, Section 5 clarifies that
nothing in the bill affects any current land or minerals held
in trust by the United States on behalf of, or for the benefit
of, any Indian Tribe or individual Indian allotment. Section 5
further requires the Secretary and State to conduct an
inspection and complete a hazardous materials certification for
their respective lands prior to conveyance and to make those
records available for review and inspection.
Section 5 also protects active grazing operations by
stipulating that if conveyed land is subject to a lease,
permit, or contract for the grazing of domestic livestock, the
Secretary and the State must allow such grazing to continue for
the remainder of the agreement, subject to existing terms and
conditions including stocking rates, grazing fees, access, and
range improvements. However, nothing in the legislation
prevents the Secretary or the State from canceling or modifying
a grazing permit, lease, or contract if the land is sold,
conveyed, transferred, or leased for non-grazing purposes. If
land conveyed by the State is used by a grazing permittee or
lessee to meet the base property requirements for a federal
grazing permit or lease, the land will continue to qualify as a
base property for the remaining term of the lease or permit and
any renewal or extension of that agreement. Finally, Section 5
clarifies that nothing in the bill prevents a grazing permit
holder from being compensated for range improvements in
accordance with the terms of the lease, permit, or contract
under existing federal and state laws.
Section 6. Savings clause
Section 6 clarifies that nothing in the legislation applies
to or affects litigation pending on the date of enactment of
the bill regarding the ownership of any land or mineral
resources located within the State.
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 AND CONGRESSIONAL
BUDGET ACT
1. Cost of Legislation and the Congressional Budget Act.
Pursuant to clause 3(c)(2) of House rule XIII and section
308(a) of the Congressional Budget Act of 1974, and pursuant to
clause 3(c)(3) of House rule XIII and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received from the Director of the Congressional Budget
Office a budgetary analysis and a cost estimate of this bill.
2. 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 authorize the relinquishment and
in lieu selection of land and minerals in the State of North
Dakota, to restore land and minerals to Indian Tribes within
the State of North Dakota, and for other purposes.
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.
UNFUNDED MANDATES REFORM ACT STATEMENT
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chair of
the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee, if such
estimate is not publicly available on the Congressional Budget
Office website.
EXISTING PROGRAMS
Directed Rule Making. This bill does not contain any
directed rule makings.
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.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
CHANGES IN EXISTING LAW
As ordered reported by the Committee on Natural Resources,
H.R. 2252 would make no changes in existing law.
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