Floor SpeechNeutral2026-05-19

NORTH DAKOTA TRUST LANDS COMPLETION ACT OF 2026

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On 2026-05-19, Representative Bruce Westerman (R-AR-4) delivered a floor speech titled "NORTH DAKOTA TRUST LANDS COMPLETION ACT OF 2026" in the House.

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NORTH DAKOTA TRUST LANDS COMPLETION ACT OF 2026

Congressional Record, Volume 172 Issue 85 (Tuesday, May 19, 2026) [Congressional Record Volume 172, Number 85 (Tuesday, May 19, 2026)] [House] [Pages H3567-H3570] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] NORTH DAKOTA TRUST LANDS COMPLETION ACT OF 2026 Mr. WESTERMAN. Mr. Speaker, I move to suspend the rules and pass 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, as amended. The Clerk read the title of the bill. The text of the bill is as follows: H.R. 2252 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 ``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 [[Page H3568]] 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 (

Referenced legislation: HR2252, HR2252

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NORTH DAKOTA TRUST LANDS COMPLETION ACT OF 2026 Congressional Record, Volume 172 Issue 85 (Tuesday, May 19, 2026) [Congressional Record Volume 172, Number 85 (Tuesday, May 19, 2026)] [House] [Pages H3567-H3570] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] NORTH DAKOTA TRUST LANDS COMPLETION ACT OF 2026 Mr. WESTERMAN. Mr. Speaker, I move to suspend the rules and pass 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, as amended. The Clerk read the title of the bill. The text of the bill is as follows: H.R. 2252 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 ``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 [[Page H3568]] 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 ( Referenced legislation: HR2252, HR2252