North Dakota Trust Lands Completion Act of 2026
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The bill would let North Dakota trade state trust land parcels that sit inside tribal reservations for federal Bureau of Land Management land of equal value elsewhere in the state, with the relinquished land placed in trust for the tribe if requested.
The exchange would let the state fully use its land grant parcels for revenue-generating leases outside reservation boundaries while restoring reservation-area land to tribal ownership, addressing a long-standing overlap between state school trust lands and Indian reservations.
What this bill would do
What it would do
The bill would authorize the North Dakota Board of University and School Lands to relinquish state land grant parcels located wholly or partially within an Indian reservation in exchange for parcels of unappropriated federal land administered by the Bureau of Land Management, of substantially equivalent value. It sets procedures for selection lists, appraisals, equalization payments or ledger accounts for value gaps, public notice of appraisals, and deadlines for the Secretary of the Interior to approve selections and convey land. If a tribe requests it, relinquished reservation land conveyed to the Secretary must be taken into trust for that tribe and become part of its reservation. The bill excludes certain federal lands from eligibility, such as areas of critical environmental concern, wilderness-type conservation lands, military reservations, and specific townships. It preserves existing grazing leases and permits on exchanged land, does not affect tribal treaty rights or already-trust land, and does not resolve pending litigation over land or mineral ownership in North Dakota.
Key provisions
- 1Would let the state relinquish state land grant parcels located within reservations in exchange for equivalent-value BLM land elsewhere in North Dakota
- 2Would require relinquished reservation-area land to be taken into trust for the tribe on request and become part of its reservation
- 3Would require independent appraisals of exchanged parcels, with equalization payments or ledger accounts limited to 25% of value if parcels are unequal
- 4Would require public notice and inspection of appraisals before any exchange
- 5Would preserve existing grazing leases, permits, and base-property status on land conveyed under the exchange
- 6Would exclude certain federal lands, such as conservation areas and military reservations, from being selected for exchange
- 7Would preserve tribal treaty rights and existing trust lands, and would not affect pending land or mineral ownership litigation
Who would be affected
The State of North Dakota's Board of University and School Lands, the Department of the Interior and Bureau of Land Management, Indian tribes whose reservations overlap state trust land, and current grazing permittees and lessees on affected parcels would all be directly involved in or affected by the land exchanges.
Why it matters
Tribes could regain land within their reservation boundaries currently held by the state, while North Dakota could consolidate its school trust lands outside reservations to generate more predictable oil, gas, and agricultural lease revenue for education funding. Grazing permittees would keep existing leases, and appraisal and consultation requirements would shape how quickly and fairly exchanges proceed.
What would change
Changes to existing law
Amends North Dakota Enabling Act (Act of February 22, 1889) (Sec. 2)
Allows state land grant parcels created under this Act to be exchanged for federal BLM land if located within reservations.
Amends Federal Land Policy and Management Act of 1976 (Sec. 3(b), Sec. 3(c))
Exempts conveyances and relinquishments under this Act from certain FLPMA exchange and acquisition provisions.
Agencies directed to act
Effective dates
- Secretary must approve or reject each phase's land selection
- Secretary must initiate conveyance actions after approving a selection
- Adjustments to selection lists to equalize parcel values
- Ledger accounts for value imbalances must be balanced
- Ledger accounts must be closed
- Public inspection of final appraisals before any exchange
How implementation would work
The state would submit selection lists of desired BLM parcels to the Secretary of the Interior in one or more phases; the Secretary would have 180 days to approve or reject each phase and 60 days after approval to begin conveyance. Independent appraisers would value both the relinquished state parcels and selected federal parcels, with equalization payments or a ledger account used to reconcile unequal values (capped at 25% of federal parcel value). Appraisals would be posted publicly 30 days before each exchange. Tribes could request that relinquished reservation land be placed in trust on their behalf, requiring consultation between the state, Interior, and affected tribes before conveyance.
Legislative status & sources
Latest action
Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
Official CRS summary
Show the CRS summaryHide the CRS summary
This bill allows North Dakota to exchange certain state land grant parcels (e.g., lands granted to North Dakota by Congress when it became a state) located wholly or partially within an Indian reservation for certain federal land of substantially equivalent value. North Dakota manages oil, gas, and agriculture leases on state land grant parcels to generate revenue for education and other public benefits. However, tribal reservations were created on state land grant parcels and reduced the amount of land available for revenue generation.
Specifically, the bill allows the North Dakota Board of University and School Lands to exchange with the Department of the Interior state land grant parcels located wholly or partially within tribal reservations for certain public land in North Dakota administered by the Bureau of Land Management. Upon the request of a tribe, Interior must hold exchanged land within the tribe's reservation in trust on behalf of the tribe.
Further, the bill provides for the continuation of active grazing operations on land exchanged under this bill.
Legislative subjects
Indian lands and resources rights; Intergovernmental relations; Land transfers; North Dakota; Public Lands and Natural Resources
Committee report
H. Rept. 119-581