S-239-119
Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Sponsored by Steve Daines (R-MT)
What it does
This bill would direct a three-way land exchange: the current lessee of federal coal mineral rights in the Bull Mountains (Musselshell County, MT) would relinquish that lease; the federal government would then convey approximately 4,530 acres of subsurface mineral interests and 940 acres of surface land in the Bull Mountains to the Hope Family Trust; and the Hope Family Trust would simultaneously convey approximately 4,660 acres of subsurface mineral interests within the Crow Reservation (Big Horn County, MT) to the Crow Tribe. The mineral interests received by the Tribe would be held in federal trust, exempt from state and local taxation, and protected from reduction of other federal benefits the Tribe currently receives.
Who benefits
The Crow Tribe of Montana, which would gain ownership of approximately 4,660 acres of subsurface mineral interests within its own reservation boundaries, potentially generating royalty revenue from future energy development. Individual Crow Tribe members, who would retain all existing federal benefits. The Hope Family Trust, which would receive approximately 4,530 acres of federal subsurface mineral interests and 940 acres of surface land in the Bull Mountains as compensation. Energy developers who may seek future leases on the newly exchanged lands. The federal government, which resolves a fragmented land ownership pattern within the Crow Reservation.
Who is hurt
The current Bull Mountains Lease lessee, who would relinquish an active federal coal lease (MTM-97988, dated June 1, 2012), losing existing mineral extraction rights. The State of Montana and local governments in Big Horn County, which would lose future property and severance tax revenue on the mineral interests placed into federal trust. Competing energy companies that might have sought future leases on the Bull Mountains tracts, which are withdrawn from entry pending the exchange. Taxpayers broadly, to the extent federal mineral assets are conveyed without a direct cash payment to the Treasury.
Supporters argue
Supporters argue that the mineral interests being conveyed to the Tribe are located within the Crow Reservation's own boundaries, meaning the exchange corrects a longstanding "checkerboard" ownership pattern that has historically impeded tribal economic self-determination. They contend the bill is revenue-neutral for the federal government — the United States conveys Bull Mountains minerals of comparable acreage in exchange for resolving a fragmented trust land situation — and that tribal ownership of subsurface rights within reservation boundaries is consistent with the federal government's treaty and trust obligations to the Crow Tribe.
Opponents argue
Opponents argue that placing the Hope Family Tracts into federal trust removes approximately 4,660 acres of mineral-bearing land from Montana's tax base permanently, shifting fiscal burdens onto the state and local governments without compensation. They contend the bill bypasses the standard administrative land-into-trust process under the Indian Reorganization Act and existing BLM regulations — which include public comment and environmental review — by legislatively mandating the exchange within 60 days, potentially circumventing environmental and community impact assessments that would otherwise apply.