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
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(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
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(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.