To develop a program to acquire interests in land from eligible individuals within the Crow Reservation in the State of Montana, and for other purposes.

July 26, 2005

Mr. BURNS introduced the following bill; which was read twice and referred to the Committee on Indian Affairs

To develop a program to acquire interests in land from eligible individuals within the Crow Reservation in the State of Montana, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Crow Tribe Land Restoration Act'.

SEC. 2. PURPOSE.

The purpose of this Act is to authorize the Secretary of the Interior to--

(1) develop a program to acquire land and interests in land from eligible individuals within the Crow Reservation in the State of Montana;

(2) hold in trust the land, and interests in land, described in paragraph (1) for the benefit of the Crow Tribe of the State of Montana;

(3) allow the Tribe to assume management of the land and interests in land; and

(4) end the continuing fractionation of land on the Reservation.

SEC. 3. DEFINITIONS.

In this Act:

(1) ELIGIBLE INDIVIDUAL- The term `eligible individual' means an individual that owns land, or an interest in land, within the Reservation.

(2) RESERVATION- The term `Reservation' means the Crow Reservation in the State of Montana.

(3) SECRETARY- The term `Secretary' means the Secretary of the Interior.

(4) TRIBE- The term `Tribe' means the Crow Tribe of the State of Montana.

SEC. 4. ACQUISITION OF LAND WITHIN RESERVATION.

(a) Purchasing Program-

(1) ESTABLISHMENT- As soon as practicable after the date of enactment of this Act, the Secretary shall establish a program under which the Secretary shall provide funds to the Tribe to purchase from eligible individuals land, and interests in land, within the Reservation.

(2) REQUIREMENTS-

(A) VOLUNTARY SALE- A sale of land to the Tribe under the purchasing program shall be voluntary.

(B) REASONABLE PURCHASE PRICE- To receive funds under the purchasing program, the Tribe shall offer to an eligible individual in consideration for land, or an interest in land, within the Reservation an amount equal to the reasonable purchase price of the land, or interest in land, of the eligible individual, as determined in accordance with subsection (b).

(3) NOTIFICATION TO ELIGIBLE INDIVIDUALS-

(A) IN GENERAL- As soon as practicable after the date on which the purchasing program is established, the Tribe shall provide to each eligible individual a notification with respect to the program, including any guidelines issued by the Secretary relating to the program.

(B) CONTACT WITH ELIGIBLE INDIVIDUALS- Notwithstanding any other provision of law, an eligible individual may be contacted directly with respect to the purchasing program by--

(i) the Tribe, or a representative of the Tribe; or

(ii) the Secretary, or a representative of the Secretary.

(b) Reasonable Purchase Price-

(1) GUIDELINES- As soon as practicable after the date of enactment of this Act, the Secretary shall establish guidelines under which the reasonable purchase price of land, or an interest in land, of an eligible individual shall be determined.

(2) CONSIDERATION- In establishing guidelines under paragraph (1), the Secretary may take into consideration--

(A) average annual earnings of land, and interests in land, of eligible individuals; and

(B) any other factor the Secretary considers to be appropriate.

(c) Acceptance of Offer-

(1) IN GENERAL- On acceptance by an eligible individual of an offer of the Tribe under this section--

(A) subject to paragraph (2), the Tribe shall pay to the eligible individual the reasonable purchase price of the land, or interest in land, of the eligible individual, as determined in accordance with subsection (b); and

(B) title to the land, or interest in land, acquired from the eligible individual shall be conveyed to the United States, to be held in trust by the Secretary for the benefit of the Tribe.

(2) ELIGIBLE INDIVIDUAL ACCOUNTS-

(A) IN GENERAL- On the request of an eligible individual that accepts an offer of the Tribe under this section, the Tribe shall--

(i)(I) establish in a local financial institution an account in the name of the eligible individual; and

(II) deposit the amount of the offer of the Tribe under this section into that account; or

(ii) deposit the amount of the offer of the Tribe under this section into any account in a financial institution designated by the eligible individual.

(B) WITHDRAWAL AND TRANSFER- An eligible individual may, without obtaining approval from, or providing a notification to, the Secretary--

(i) withdraw any amount from an account described in subparagraph (A); or

(ii) transfer any amount from an account described in subparagraph (A) into an account in a different financial institution.

(C) FEES- Any fee assessed by a financial institution on an account under this paragraph shall be the responsibility of the eligible individual in the name of which the account is held.

(D) TAXATION- Amounts held in an account under this paragraph, including any interest earned on such amounts, shall not be subject to taxation by the Federal Government, or any State or local government, if the account contains only--

(i) amounts deposited into the account by the Tribe under subparagraph (A); and

(ii) interest earned on those amounts.

(d) Judicial Review- The terms and amount of any offer of the Tribe to purchase land, or an interest in land, of an eligible individual under this section shall not be subject to judicial review.

SEC. 5. PURCHASING PROGRAM FUNDING.

(a) Obligations to Treasury-

(1) ISSUANCE-

(A) IN GENERAL- To the extent approved in annual appropriations Acts and subject to approval by the Secretary of the Treasury, the Secretary may issue to the Secretary of the Treasury such obligations as the Secretary determines to be necessary to fund the purchasing program established under section 4(a)(1).

(B) REQUIREMENTS- The obligations issued under subparagraph (A) shall be in such form and such denomination, and subject to any other such terms and conditions, as the Secretary of the Treasury determines to be appropriate.

(2) PURCHASE- The Secretary of the Treasury shall purchase any obligation issued under paragraph (1).

(3) INTEREST- The obligations issued under paragraph (1) shall bear interest at a rate to be determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities.

(4) LIMITATION- On any date, the total amount of obligations issued under paragraph (1) shall not exceed $X,000,000.

(b) Repayment of Obligations-

(1) IN GENERAL- The Secretary shall use the revenues from any land purchased by the Tribe under this Act to repay the Secretary of the Treasury the amount of any obligation, including interest on such an obligation, issued under subsection (a).

(2) REASONABLE ASSURANCE OF REPAYMENT- The Secretary shall ensure, to the maximum extent practicable, that projected revenues described in paragraph (1) provide reasonable assurance of repayment of the amount of obligations issued under subsection (a).

(c) Authorization of Appropriations- For each fiscal year beginning after the date of enactment of this Act, there are authorized to be appropriated to the Secretary such sums as the Secretary determines to be necessary to repay to the Secretary of the Treasury the difference between--

(1) the amount of obligations issued under subsection (a), including interest on such obligations, that was required to be repaid during the preceding fiscal year; and

(2) the amount of obligations issued under subsection (a), including interest on such obligations, that was repaid during the preceding fiscal year.

SEC. 6. DONATION OF LAND.

(a) In General- Subject to subsection (b), the Secretary may accept from any eligible individual a donation of land or an interest in land within the Reservation.

(b) Conditions-

(1) TITLE HELD IN TRUST- The Secretary shall hold in trust for the benefit of the Tribe the title to any land or interest in land acquired by the Secretary under subsection (a).

(2) DESIGNATION OF PLACE OF HONOR- The Tribe shall designate on the Reservation a place of honor, as the Tribe determines to be appropriate, at which the name of any eligible individual that donates land to the Secretary under subsection (a) shall be displayed in perpetuity, in recognition of the donation.

SEC. 7. LAND MANAGEMENT.

(a) In General- Land, and interests in land, held in trust by the Secretary for the benefit of the Tribe under this Act shall be managed by the Tribe.

(b) Limitation of Trust Responsibility- The trust responsibility of the Secretary with respect to land and interests in land described in subsection (a) shall be limited to--

(1) ensuring that the land and interests in land are not subject to alienation; and

(2) enabling the Tribe to exercise jurisdiction over the land and interests in land.

(c) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $5,000,000.

END