§ 1776c. — Settlement terms and conditions and extinguishment of claims.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1776c]
TITLE 25--INDIANS
CHAPTER 19--INDIAN LAND CLAIMS SETTLEMENTS
SUBCHAPTER X--CROW LAND CLAIMS SETTLEMENT
Sec. 1776c. 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 subchapter 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 this subsection 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 subchapter 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 subchapter 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 1716 of
title 43.
(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 subchapter 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 November 2, 1994.
(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 1716 of title 43.
(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
1776d of this title.
(Pub. L. 103-444, Sec. 5, Nov. 2, 1994, 108 Stat. 4635; Pub. L. 104-109,
Sec. 9(a), Feb. 12, 1996, 110 Stat. 765.)
References in Text
Act of February 22, 1889, referred to in subsec. (d)(1)(A), is act
Feb. 22, 1889, ch. 180, 25 Stat. 676, popularly known as the Montana
Enabling Act. For complete classification of this Act to the Code, see
Tables.
Act June 4, 1920, referred to in subsec. (d)(1)(A), is act June 4,
1920, ch. 224, 41 Stat. 751, as amended, popularly known as the Crow
Allotment Act. For further details, see Crow Indian Reservation note set
out under section 331 of this title. For complete classification of this
Act to the Code, see Tables.
Amendments
1996--Subsec. (b)(3). Pub. L. 104-109 made technical amendment to
reference to ``this subsection'' to correct underlying provisions of
original act.
Section Referred to in Other Sections
This section is referred to in section 1776g of this title.
