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Notes

S. 1088 — what changed

North Dakota Trust Lands Completion Act of 2023

From Reported in Senate to Engrossed in Senate. 5 sections amended and 1 removed between Reported in Senate and Engrossed in Senate.

Sec. 2 Definitions

changed Congress finds that—In this Act:

(1)
changed North Dakota Enabling Act— in 1889, Congress enacted the The term North Dakota Enabling Act “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 means the original States, and to make donations Act of public lands to such States”;February 22, 1889 (25 Stat. 676, chapter 180).
(2)
changed Reservation— section 10 of The term reservation means any Indian reservation located wholly or partially within the State of North Dakota Enabling and recognized under United States treaty, Executive order, or Act (25 Stat. 679, chapter 180)—of Congress.
(A)
removed with certain exceptions, granted sections 16 and 36 in every township to the new States of North Dakota, South Dakota, Montana, and Washington “for the support of common schools”; and
(B)
removed in cases where portions of sections 16 and 36 had been reserved, granted, or sold prior to those States attaining statehood, authorized indemnity or “in lieu” selections;
(3)
changed Secretary— The term Secretary means the State Secretary of North Dakota was granted land and minerals totaling more than 2,500,000 acres under the North Dakota Enabling Act;Interior.
(4)
changed State— the North Dakota Enabling Act provided further land grants to The term State means the State of North Dakota for Dakota, acting through the support North Dakota Board of colleges, universities, the State capitol, University and other public institutions;School Lands and its agent, the Department of Trust Lands.
(5)
changed State land grant parcel— prior to the enactment of the North Dakota Enabling Act, the United States, through treaties and Executive orders, including the Treaty between the United States of America and the Mandan, Hidatsa, Arikara, and other Tribal Nations, made and concluded at Fort Laramie September 17, 1851 (11 Stat. 749), the Treaty between the United States of America and the Sisseton and Wahpeton Bands of Dakota or Sioux Indians, made and concluded at Washington February 19, 1867 (15 Stat. 505), the Treaty between the United States of America and different Tribes of Sioux Indians, made and concluded at Fort Laramie April 29, 1868 (15 Stat. 635), and the Executive order of April 12, 1870, established several reservations of land for multiple Indian Tribes located in the The term State of North Dakota;land grant parcel means—
(A)
added a parcel of land granted to the State of North Dakota by Congress—
(i)
added on statehood; or
(ii)
added through a grant pursuant to the North Dakota Enabling Act;
(B)
added a section of land numbered 16 or 36 granted to the State of North Dakota by Congress for school purposes;
(C)
added a parcel of land selected by the State of North Dakota as indemnity for any section of land numbered 16 or 36; and
(D)
added a parcel of land other than a parcel of land described in subparagraph (A), (B), or (C) obtained by the State after statehood.
(6)
added Unappropriated Federal land—
(6)
removed authorizing the State to relinquish the State land grant parcels located within the reservations and to select other Federal land or minerals in lieu of the relinquished State land grant parcels will—
(A)
changed In general— fulfill The term unappropriated Federal land means public land administered by the promise Bureau of land and minerals to Land Management located within the State; andState of North Dakota, including public land that is mineral in character.
(B)
changed Exclusions— provide to Indian Tribes greater Tribal sovereignty and control of The term unappropriated Federal land and minerals within the reservations; anddoes not include—
(i)
added land (including an interest in land) acquired by the Bureau of Land Management;
(ii)
added 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)
added land that is—
(I)
added withdrawn from—
(aa)
added entry, appropriation, or disposal under the public land laws;
(bb)
added location, entry, and patent under the mining laws; or
(cc)
added disposition under all laws pertaining to mineral and geothermal leasing or mineral materials;
(II)
added located within a component of the National Landscape Conservation System;
(III)
added designated as a Research Natural Area;
(IV)
added located within any reservation;
(V)
added located within—
(aa)
added T. 147 N., R. 95 W.;
(bb)
added T. 148 N., R. 95 W.;
(cc)
added T. 148 N., R. 96 W.; or
(dd)
added T. 149 N., R. 95 W.;
(VI)
added located within a United States military reservation; or
(VII)
added designated by Congress or the President for conservation purposes.
(7)
removed Congress should authorize the State—
(A)
removed to relinquish the land and minerals located within the reservations; and
(B)
removed to select in lieu of the relinquished land other Federal land or minerals in the State of North Dakota of equal value.

Sec. 3 Relinquishment and selection; conveyance

(a)
added Relinquishment and selection—
(1)
added 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)
added Approval— Not later than 180 days after the date on which the State makes a selection under paragraph (1), the Secretary shall approve or reject, in whole or in part, the selection.
(3)
added 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)
added Conveyance—
(1)
added Conveyance by Secretary—
(A)
added In general— Not later than 60 days after the date on which the Secretary approves a State selection of unappropriated Federal land under subsection (a)(2), the Secretary shall initiate the actions necessary to convey to the State the unappropriated Federal land.
(B)
added Requirements— Conveyance of unappropriated Federal land by the Secretary under this Act—
(i)
added shall be by patent or deed in a form acceptable to the State and the Secretary; and
(ii)
added 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)
added Relinquishment and conveyance by State—
(A)
added 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)
added 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)
added 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).

removed In this Act:

(1)
removed Federal land— The term Federal land means public land and minerals located within the State of North Dakota, including public land that is mineral in character.
(c)
changed North Dakota Enabling Act—Succession to rights and obligations— The term North Dakota Enabling Each party to which land is conveyed under this Act means shall, to the Act fullest extent allowable under Federal and State law, succeed to the rights and obligations of February 22, 1889 (25 Stat. 676, chapter 180).the conveying party with respect to any lease, right-of-way, permit, or other valid existing right to which the land is subject.
(d)
added Management after relinquishment—
(1)
added 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)
added 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)
added considered to be a part of the reservation of the Indian Tribe.
(2)
added 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)
added Withdrawal—
(1)
added In general— Subject to valid rights in existence on the date of enactment of this Act, all unappropriated Federal land selected by the State for conveyance under this Act, effective beginning on the date on which the State makes the selection and ending on the date described in paragraph (2), is withdrawn from all forms of—
(A)
added entry, appropriation, or disposal under the public land laws;
(B)
added location, entry, and patent under the mining laws; and
(C)
added disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
(2)
added Date described— The date referred to in paragraph (1) is the date on which, as applicable—
(A)
added the unappropriated Federal land is conveyed by the Secretary to the State;
(B)
added the Secretary rejects the selection under subsection (a)(2); or
(C)
added the State withdraws the selection.
(3)
removed Public land— The term public land has the meaning given the term public lands in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(4)
removed 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.
(5)
removed Secretary— The term Secretary means the Secretary of the Interior.
(6)
removed 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.
(7)
removed State land grant parcel— The term State land grant parcel means—
(A)
removed a parcel of land granted to the State of North Dakota by Congress—
(i)
removed on statehood; or
(ii)
removed through a grant pursuant to the North Dakota Enabling Act;
(B)
removed a section of land numbered 16 or 36 granted to the State of North Dakota by Congress for school purposes;
(C)
removed a parcel of land selected by the State of North Dakota as indemnity for any section of land numbered 16 or 36; and
(D)
removed a parcel of land other than a parcel of land described in subparagraph (A), (B), or (C) obtained by the State after statehood.
(8)
removed Unappropriated Federal land—
(A)
removed In general— The term unappropriated Federal land means Federal land under the management and control of the Bureau of Land Management and located within the State of North Dakota.
(B)
removed Exclusions— The term unappropriated Federal land does not include—
(i)
removed surface interests acquired by the Bureau of Land Management;
(ii)
removed 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)
removed land that is—
(I)
removed withdrawn from public entry;
(II)
removed located within a unit of the National Park System;
(III)
removed located within any reservation;
(IV)
removed located within—
(aa)
removed T. 147 N., R. 95 W.;
(bb)
removed T. 148 N., R. 95 W.;
(cc)
removed T. 148 N., R. 96 W.; or
(dd)
removed T. 149 N., R. 95 W.;
(V)
removed located within a United States military reservation; or
(VI)
removed designated by Congress or the President for conservation purposes.

Sec. 4 Valuation

(a)
added 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—
(a)
removed Relinquishment and selection—
(1)
removed 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 within the State of North Dakota.
(1)
changed Approval— Not later than 90 days after the date on which overall value of the State makes a selection under paragraph (1), land grant parcel and the Secretary shall approve or reject, in whole or in part, overall value of the selection.parcel of unappropriated Federal land shall be substantially equal; or
(2)
added subject to subsection (c), if the overall value of the parcels is not equal, the party conveying the parcel of lesser value shall—
(A)
added equalize the value by the payment of funds to the other party; or
(B)
added enter the imbalance in value on a ledger account in accordance with subsection (e).
(b)
changed Conveyance—Appraisal required—
(1)
added 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)
added Requirements— An appraisal under paragraph (1) shall be completed in accordance with—
(1)
removed Conveyance by Secretary—
(A)
removed In general— Not later than 60 days after the date on which the Secretary approves a State selection of unappropriated Federal land under subsection (a)(2), the Secretary shall initiate the actions necessary to convey to the State the unappropriated Federal land.
(B)
removed Requirements— Conveyance of Federal land by the Secretary under this Act—
(i)
removed shall be by clear list, patent, or deed acceptable to the State; and
(ii)
removed shall not be considered a sale, exchange, or conveyance under 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)
removed Relinquishment and conveyance by State—
(A)
removed In general— As consideration for the conveyance of Federal land under paragraph (1), on the date on which the 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).
(A)
changed 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).Uniform Appraisal Standards for Federal Land Acquisitions; or
(B)
changed Limitation— Relinquishment and conveyance by subject to subsection (d)(1), the State of a State land grant parcel under this Act shall not be considered an exchange or acquisition Uniform Standards for purposes of section 205 or 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1715, 1716).Professional Appraisal Practice.
(c)
changed Succession to rights and obligations—Equalization— Each party With respect to which a conveyance to the Secretary of a State land is grant parcel of lesser value than the parcel of unappropriated Federal land to be conveyed under this Act shall, to the fullest extent allowable under Federal and State law, succeed to under this Act, the rights and obligations total value of the conveying party with respect to any lease, right-of-way, permit, equalization payment described in subsection (a)(2)(A) or other valid existing right to which the land is subject.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)
changed Management after relinquishment—Low value parcels—
(1)
changed Reservation—In general— If 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 relinquished by the State and conveyed or a parcel of unappropriated Federal land to the Secretary be conveyed under this Act is located wholly or partially within the boundaries of any reservation, on request instead of an appraisal that complies with the applicable Indian Tribe, Uniform Appraisal Standards for Federal Land Acquisitions if the portion State and the Secretary agree that market value of the State land grant parcel located within the boundaries or parcel of the reservation shall be—unappropriated Federal land, as applicable, is—
(A)
changed taken into trust by the Secretary on behalf of, and for the benefit of, the Indian Tribe on the date of the conveyance; less than $500,000; and
(B)
changed considered to be a part of the reservation of the Indian Tribe.less than $500 per acre.
(2)
changed Consultation required—Division— Prior to the conveyance of a A State land grant parcel located wholly or partially within the boundaries a parcel of any reservation, the State and the Secretary shall consult with the Indian Tribe the unappropriated Federal land of which is subject to conveyance may not be artificially divided in accordance with Executive Order 13175 (25 U.S.C. 5301 note; relating order to consultation and coordination with Indian tribal governments).qualify for a summary appraisal, mass appraisal, or statement of value under paragraph (1).
(e)
changed Special rules for mineral land—Ledger accounts—
(1)
changed Definition of unappropriated Federal land subject to a lease or permit—In general— In this subsection, the term unappropriated Federal land subject With respect to a lease or permit means State land grant parcel conveyed under this Act in consideration for a parcel of unappropriated Federal land subject land, if the overall value of the parcels is not equal, the Secretary and the State may agree to use a mineral lease or permit that is—ledger account to make equal the value.
(A)
removed issued under the Mineral Leasing Act (30 U.S.C. 181 et seq.); and
(B)
removed in a producing or producible status during the 10-year period following the date of enactment of this Act.
(2)
changed Selection of mineral land—Imbalances— The State may select, and the Secretary may convey, unappropriated Federal land that is mineral in character under subsection (b) on the condition that, except as provided A ledger account described in paragraph (3)(A), if the selected land is unappropriated Federal land subject (1) shall reflect imbalances in value to be reconciled in a lease or permit—subsequent transaction.
(3)
added Account balancing— Each ledger account described in paragraph (1) shall be—
(A)
removed the Secretary shall reserve an overriding interest in the portion of the mineral estate that is comprised of minerals subject to leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq.); and
(B)
removed such a selection shall not include any portion of the mineral lease or permit.
(3)
removed Conveyance of mineral estate—
(A)
removed In general— If the State selects unappropriated Federal land subject to a lease or permit under paragraph (2), on the option of the State—
(i)
removed the Secretary may convey with the surface interest in the land the interest in the mineral estate that is comprised of minerals subject to leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq.); and
(ii)
removed all Federal mining claims over the land shall be converted to State leases in accordance with this paragraph.
(A)
changed Mining claims— To facilitate the conversion of Federal mining claims to State leases under subparagraph (A), a Federal mining claimant may file with balanced not later than 3 years after the Secretary a voluntary relinquishment of date on which the Federal mining claim conditioned on—ledger account is established; and
(i)
removed conveyance of the land to the State; and
(ii)
removed the conversion of the Federal mining claim to a State lease.
(B)
changed Obligations under Federal law— Until closed not later than 5 years after the date on which the land is conveyed to the State under subparagraph (A), a Federal mining claimant shall be subject to any obligations relating to of the last conveyance of land under Federal law.this Act.
(4)
added Costs—
(A)
added 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)
added 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)
added 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.
(D)
removed No relinquishment— If the land previously encumbered by the relinquished Federal mining claim is not conveyed to the State under subparagraph (A), the relinquishment of land under subparagraph (B) shall have no effect.
(E)
removed Rights-of-way; other interest— On conveyance to the State of land encumbered by a relinquished Federal mining claim under this paragraph, the State shall assume authority over any leases, licenses, permits, rights-of-way, operating plans, other land use authorizations, or reclamation obligations applicable to the relinquished Federal mining claim on the date of conveyance.
(F)
removed Valuation— If a Federal mining claimant does not voluntarily relinquish under subparagraph (B) a Federal mining claim on land conveyed to the State, the Secretary shall take into account the encumbrance represented by the claim in determining the value of the land under section 5(b).
(f)
removed Withdrawal—
(1)
removed In general— Subject to valid rights in existence on the date of enactment of this Act, all Federal land selected by the State for conveyance under this Act, effective beginning on the date on which the State makes the selection and ending on the date described in paragraph (2), is withdrawn from all forms of—
(A)
removed entry, appropriation, or disposal under the public land laws;
(B)
removed location, entry, and patent under the mining laws; and
(C)
removed disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
(2)
removed Date described— The date referred to in paragraph (1) is the date on which, as applicable—
(A)
removed the Federal land is conveyed by the Secretary to the State;
(B)
removed the Secretary rejects the selection under subsection (a)(2); or
(C)
removed the State withdraws the selection.

Sec. 5 Miscellaneous

(a)
changed Equal value—In general— With respect to a State land grant parcel Land or minerals conveyed under this Act in consideration for a parcel of Federal land selected in accordance with this Act—shall be subject to all applicable Federal, State, and Tribal law.
(b)
added Protection of Indian rights—
(1)
added 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.
(1)
removed the overall value of the State land grant parcel and the overall value of the parcel of Federal land shall be substantially equal; or
(2)
removed subject to subsection (c), if the overall value of the parcels is not equal, the party conveying the parcel of lesser value shall—
(A)
removed equalize the value by the payment of funds to the other party; or
(B)
removed enter the imbalance in value on a ledger account in accordance with subsection (e).
(b)
removed Appraisal required— Except as provided in subsection (d), the Secretary shall determine the value of a State land grant parcel and a parcel of Federal land to be conveyed under this Act through an appraisal completed in accordance with—
(2)
changed Land or minerals held in trust— the Uniform Appraisal Standards for Federal Land Acquisitions; orNothing in this Act affects—
(A)
added 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)
added any individual Indian allotment.
(c)
added Hazardous materials—
(1)
added 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)
added Certification—
(A)
added 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)
added 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.
(2)
removed subject to subsection (d)(1), the Uniform Standards for Professional Appraisal Practice.
(c)
removed Equalization— With respect to a conveyance to the Secretary of a State land grant parcel of lesser value than the parcel of 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 Federal land.
(d)
changed Low value parcels—Grazing permits—
(1)
changed In general— The Secretary, with the consent of the State, may use mass appraisals, If land conveyed under this Act is subject to a summary appraisal, lease, permit, or a statement contract for the grazing of value made by a qualified appraiser carried out domestic livestock in accordance with the Uniform Standards for Professional Appraisal Practice to determine effect on the value date of a State land grant parcel the conveyance, the Secretary or a parcel of Federal land to be conveyed under this Act instead of an appraisal that complies with the Uniform Appraisal Standards State, as applicable, shall allow the grazing to continue for Federal Land Acquisitions if the State and remainder of the Secretary agree that market value term of the State land grant parcel lease, permit, or parcel contract, subject to the related terms and conditions of Federal land, as applicable, is—the user agreements, including permitted stocking rates, grazing fee levels, access, and ownership and use of range improvements.
(2)
added Cancellation—
(A)
added 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)
added 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)
added 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.
(A)
removed less than $500,000; and
(B)
removed less than $500 per acre.
(2)
removed Division— A State land grant parcel or a parcel of 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)
removed Ledger accounts—
(1)
removed In general— With respect to a State land grant parcel conveyed under this Act in consideration for a parcel of 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)
removed Imbalances— A ledger account described in paragraph (1) shall reflect imbalances in value to be reconciled in a subsequent transaction.
(3)
removed Account balancing— Each ledger account described in paragraph (1) shall be—
(A)
removed balanced not later than 3 years after the date on which the ledger account is established; and
(B)
removed closed not later than 5 years after the date of the last conveyance of land under this Act.
(4)
removed Costs—
(A)
removed 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)
removed 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 Federal land conveyed to the State to compensate the Secretary or the State, as applicable, for assuming the costs or other responsibilities.
(5)
removed Mineral land— If value is attributed to any parcel of 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.

Sec. 6 Savings clause

added 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.

(a)
removed In general— Land or minerals conveyed under this Act shall be subject to all applicable Federal, State, and Tribal law.
(b)
removed Protection of Indian rights—
(1)
removed 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)
removed Land or minerals held in trust— Nothing in this Act affects—
(A)
removed 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)
removed any individual Indian allotment.
(c)
removed Hazardous materials—
(1)
removed 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)
removed Certification—
(A)
removed In general— Prior to completing a conveyance of Federal land under this Act, the Secretary shall complete an inspection and a hazardous materials certification of the land to be conveyed.
(B)
removed 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)
removed Grazing permits—
(1)
removed 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)
removed Cancellation—
(A)
removed 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)
removed 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)
removed 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. 7 Savings clause

removed

removed Nothing in this Act applies to or impacts the ownership of any land or mineral resources.