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Core Policy Mechanism Top 5
Cost-sharing and mineral lease adjustments
- Population Scope Low Affects only North Dakota state government and federal agencies as parties who may assume each other's conveying costs or adjust values for mineral lease revenue-sharing obligations.
- Budgetary Magnitude Medium Mineral Leasing Act revenue-sharing obligations can be substantial for resource-rich lands. Allowing cost assumption and value adjustments creates moderate fiscal flexibility affecting federal and state budgets.
- Legal / Regulatory Depth High Permanently establishes rules for handling conveying costs and mineral lease value adjustments, creating lasting framework for these financial considerations.
- Degree of Discretion Granted High High discretion; parties 'may' assume the other's costs and adjust values accordingly. Mineral lease adjustments account for federal revenue-sharing but methodology is not prescriptively specified.
- Implementation & Enforcement Burden Medium Requires calculating federal revenue-sharing obligations under the Mineral Leasing Act and adjusting valuations accordingly, plus potentially negotiating cost assumptions—moderate administrative complexity.
- Temporal Commitment High Creates permanent framework without sunset provisions, establishing lasting authority and methodology for cost-sharing and mineral lease adjustments.
No signal yet
Regulatory or Legal Changes Top 5
Hazardous materials inspection requirement
- Population Scope Low Affects North Dakota state government and the Secretary as parties required to conduct inspections before conveying land. Indirectly protects future land users from hazardous materials.
- Budgetary Magnitude Medium Environmental inspections and hazardous materials certifications for potentially numerous parcels can be costly, particularly Phase I and Phase II environmental assessments. No specific appropriation provided but costs could be substantial.
- Legal / Regulatory Depth High Permanently establishes mandatory environmental due diligence requirements for all conveyances under this Act without sunset provisions.
- Degree of Discretion Granted Medium Moderate discretion in selecting inspection methodologies and certification processes, though the requirement to complete inspections and certifications before conveyance is mandatory.
- Implementation & Enforcement Burden High High burden requiring environmental assessments, potentially invasive testing, remediation decisions, and formal certifications before any conveyance can proceed—significant technical and administrative requirements.
- Temporal Commitment High Creates permanent binding requirement for all conveyances under this Act without expiration, establishing lasting environmental protection obligation.
No signal yet
Core Policy Mechanism Top 5
State land selection and secretary approval process
- Population Scope Medium Affects North Dakota state government, federal land management agencies, and indirectly impacts Indian tribes on reservations where state trust lands are located. The scope is geographically limited to one state but involves multiple governmental entities.
- Budgetary Magnitude Low No specific appropriation or authorization amount is provided in the provision. While land exchanges have budgetary implications, this provision establishes the procedural framework without direct fiscal impact.
- Legal / Regulatory Depth High Permanently establishes the legal mechanism for North Dakota to relinquish and select replacement lands, creating lasting change to state land grant holdings and federal land ownership patterns.
- Degree of Discretion Granted Medium The Secretary has limited discretion to approve or reject selections within 180 days and may request value adjustments within 120 days. The state exercises discretion in selecting which lands to relinquish and which federal lands to receive.
- Implementation & Enforcement Burden Low Creates minimal enforcement burden beyond administrative processing of land selections and approvals. The 180-day and 60-day timelines create procedural obligations but no penalties are specified.
- Temporal Commitment High Creates permanent framework without sunset provisions, establishing ongoing authority for the land exchange process that binds future administrations indefinitely.
No signal yet
Core Policy Mechanism Top 5
Federal conveyance timeline and patent requirements
- Population Scope Medium Affects the same entities as the selection process—North Dakota, federal agencies, and indirectly tribes—but focuses specifically on the conveyance mechanism rather than selection.
- Budgetary Magnitude Low No appropriation or authorization specified. Administrative costs of processing patents and deeds are incidental to normal agency operations.
- Legal / Regulatory Depth High Establishes permanent legal requirements for how land title transfers occur, creating lasting standards for conveyance instruments and exempting these transfers from FLPMA exchange provisions.
- Degree of Discretion Granted Low Minimal discretion; Secretary must initiate conveyance within 60 days using patent or deed forms acceptable to both parties. The requirement is mandatory ('shall') with narrow procedural flexibility.
- Implementation & Enforcement Burden Low Low implementation burden consisting primarily of standard administrative land conveyance procedures. The 60-day timeline creates a procedural obligation without specified penalties.
- Temporal Commitment High Creates permanent binding requirements for how conveyances must be executed without sunset or review provisions, establishing lasting legal framework.
No signal yet
Core Policy Mechanism Top 5
State concurrent relinquishment and title conveyance
- Population Scope Medium Affects North Dakota state government and federal agencies, with indirect effects on current holders of claims or encumbrances on state trust lands.
- Budgetary Magnitude Low No direct appropriation. The requirement to convey title free of financial claims, liabilities, or encumbrances may have budgetary implications for North Dakota but no federal funding is specified.
- Legal / Regulatory Depth High Permanently transfers property rights and establishes that such transfers are exempt from FLPMA exchange provisions, creating lasting change to land ownership.
- Degree of Discretion Granted Low Very limited discretion; North Dakota must concurrently convey all right, title, and interest on the date of federal conveyance. The requirement to convey free of encumbrances is mandatory.
- Implementation & Enforcement Burden Medium Moderate burden requiring North Dakota to clear all financial claims, liabilities, and encumbrances before conveyance, necessitating due diligence and potentially resolving existing obligations.
- Temporal Commitment High Creates permanent obligation binding North Dakota to specific conveyance standards whenever the exchange occurs, with no sunset or temporal limitation.
No signal yet
Core Policy Mechanism
Trust acquisition for tribal-requested lands
- Population Scope Medium Primarily affects Indian tribes on North Dakota reservations where state trust lands are located. This is a distinct affected population from general state or federal land management stakeholders.
- Budgetary Magnitude Low No specific appropriation, though taking land into trust has administrative costs and long-term federal trust management obligations. Dollar amounts are not specified.
- Legal / Regulatory Depth High Permanently changes land status from state ownership to federal trust status on behalf of tribes, with lands becoming part of tribal reservations—a fundamental and lasting legal transformation.
- Degree of Discretion Granted Medium Tribes exercise discretion in requesting lands be taken into trust; Secretary has some discretion in processing such requests, though the provision indicates this 'shall' occur upon request.
- Implementation & Enforcement Burden Medium Moderate burden requiring Secretary to process trust acquisitions and tribes to formally request such status, along with ongoing federal trust management responsibilities.
- Temporal Commitment High Creates permanent trust status for acquired lands without sunset provisions, establishing perpetual federal trust obligations and tribal reservation boundaries.
No signal yet
Core Policy Mechanism
Public disclosure requirements
- Population Scope Medium Affects the general public in North Dakota and interested parties nationwide by providing access to appraisal information. The 30-day public review period creates meaningful public engagement opportunity.
- Budgetary Magnitude Low Minimal budgetary impact limited to costs of website posting and newspaper publication notices, which are de minimis administrative expenses.
- Legal / Regulatory Depth High Permanently establishes transparency requirements for all exchanges under this Act, creating lasting procedural obligations without sunset provisions.
- Degree of Discretion Granted Low Minimal discretion; Secretary must make appraisals publicly available at least 30 days before exchange and publish notice on federal website and in North Dakota newspapers. Requirements are mandatory.
- Implementation & Enforcement Burden Low Low burden consisting of standard administrative tasks: posting documents online and publishing notices in newspapers. These are routine government transparency activities.
- Temporal Commitment High Creates permanent binding disclosure requirements for all future exchanges under this Act without expiration or review provisions.
No signal yet
Carve-outs, Exemptions, Eligibility
Indian treaty rights protection
- Population Scope Medium Affects Indian tribes with treaty-reserved rights and existing trust land holdings in North Dakota. While geographically limited to one state, this protects fundamental tribal rights.
- Budgetary Magnitude Low No appropriation or authorization. The provision preserves existing legal relationships without creating new fiscal obligations.
- Legal / Regulatory Depth High Permanently establishes that the Act does not alter existing treaty rights or trust holdings, creating lasting legal protection and limiting the Act's scope.
- Degree of Discretion Granted Low No discretion granted; this is a binding limitation provision that restricts how the Act can be interpreted or applied regarding tribal treaty rights and trust lands.
- Implementation & Enforcement Burden Low Minimal enforcement burden; provision operates as a legal safeguard that limits the Act's application rather than creating new implementation requirements.
- Temporal Commitment High Creates permanent binding limitation on the Act's scope without sunset, establishing lasting protection for tribal treaty rights and trust holdings.
No signal yet
Regulatory or Legal Changes
Continuation of existing grazing permits
- Population Scope Medium Affects ranchers and livestock operators holding grazing leases, permits, or contracts on lands subject to exchange. This is a distinct affected population with specific economic interests.
- Budgetary Magnitude Low No direct appropriation. Preserving existing grazing permits maintains current revenue streams but creates no new fiscal obligations.
- Legal / Regulatory Depth High Permanently establishes that existing grazing arrangements must continue despite land ownership changes, creating lasting protection for permit holders.
- Degree of Discretion Granted Low Minimal discretion; existing permits 'must be allowed to continue' under existing terms and conditions. The requirement is mandatory with no flexibility to modify terms.
- Implementation & Enforcement Burden Medium Requires new landowners (state or federal) to honor existing grazing agreements, track permit terms, and ensure continuity—moderate administrative burden involving contract management.
- Temporal Commitment High Creates permanent binding requirement without sunset that applies to all conveyances, establishing lasting protection for grazing permit holders.
No signal yet
Regulatory or Legal Changes
Grazing base property qualification
- Population Scope Medium Affects ranchers holding federal grazing permits who use conveyed state lands as base property. This provision protects their permit eligibility across permit terms and renewals.
- Budgetary Magnitude Low No appropriation or direct fiscal impact. Maintaining base property qualification preserves existing administrative arrangements without creating new costs.
- Legal / Regulatory Depth High Permanently establishes that conveyed state lands retain base property status for federal grazing permits throughout permit terms and renewals, creating lasting legal protection.
- Degree of Discretion Granted Low Minimal discretion; state-conveyed land must continue to qualify as base property. The requirement is mandatory, binding federal land management agencies.
- Implementation & Enforcement Burden Medium Requires federal agencies to recognize state-conveyed lands as qualifying base property when administering grazing permits and renewals—moderate administrative coordination burden.
- Temporal Commitment High Creates permanent binding requirement extending throughout permit terms and renewals without sunset, establishing lasting protection beyond initial permit periods.
No signal yet
Core Policy Mechanism
Appraisal standards and requirements
- Population Scope Low Primarily affects the state and federal government as parties to the exchange, with indirect effects on independent appraisers retained for the work. Population scope is limited compared to provisions affecting broader public groups.
- Budgetary Magnitude Medium Appraisal costs for potentially numerous parcels across North Dakota could be substantial, though no specific appropriation is provided. The $500,000/$500 per acre threshold for simplified appraisals suggests significant aggregate value.
- Legal / Regulatory Depth High Permanently establishes binding appraisal methodology for all exchanges under this Act, creating lasting standards that must be followed without sunset provisions.
- Degree of Discretion Granted Medium Moderate discretion in choosing between two appraisal standards (UASFLA or USPAP) and in determining when simplified appraisals are appropriate under the $500,000/$500 per acre threshold with mutual consent.
- Implementation & Enforcement Burden Medium Requires hiring independent appraisers, conducting joint appraisals following federal professional standards, and ensuring compliance with specified methodologies—a moderate administrative and financial burden.
- Temporal Commitment High Creates permanent binding appraisal requirements for all exchanges under this Act without expiration, establishing lasting procedural obligations.
No signal yet
Carve-outs, Exemptions, Eligibility
Preservation of pending litigation regarding land/mineral disputes
- Population Scope Low Affects only parties involved in litigation or disputes over North Dakota land or mineral ownership that were pending at enactment—a limited and specific population.
- Budgetary Magnitude Low No appropriation or direct fiscal impact. The provision preserves existing legal proceedings without creating new costs.
- Legal / Regulatory Depth High Permanently establishes that pending litigation is exempt from the Act's effects, creating lasting limitation on the Act's scope and retroactive application.
- Degree of Discretion Granted Low No discretion; pending litigation and disputes are categorically exempt from the Act. This is a bright-line rule without interpretive flexibility.
- Implementation & Enforcement Burden Low Minimal burden; courts and parties continue existing litigation unaffected by the Act. The provision operates as a legal carve-out rather than creating implementation requirements.
- Temporal Commitment High Creates permanent exemption without sunset, establishing lasting protection for pending litigation regardless of when such cases are ultimately resolved.
No signal yet
Funding / Appropriations
Value equalization mechanisms
- Population Scope Low Affects only North Dakota state government and federal agencies as parties to the exchange. No broader public population is directly impacted by the value equalization methodology.
- Budgetary Magnitude Medium Authorizes cash payments or ledger credits up to 25% of federal land value to equalize exchanges. While no specific dollar amount is appropriated, the 25% cap on potentially high-value land exchanges suggests moderate fiscal impact.
- Legal / Regulatory Depth High Permanently establishes the legal framework for how value disparities must be resolved in exchanges under this Act, creating lasting binding requirements.
- Degree of Discretion Granted Medium Parties have discretion to choose between cash payment or ledger account methods. The 3-year balancing and 5-year closure requirements provide structured flexibility.
- Implementation & Enforcement Burden Medium Requires tracking ledger accounts, ensuring balancing within 3 years and closure within 5 years, and processing potential cash payments—moderate administrative complexity.
- Temporal Commitment Medium The 3-year and 5-year deadlines create medium-term commitments. While the framework is permanent, individual ledger accounts have defined temporal limits.
No signal yet
No possible riders have been surfaced for this bill.
Summary
The North Dakota Trust Lands Completion Act of 2026 establishes a process for North Dakota to exchange state land grant parcels located within Indian reservation boundaries for unappropriated federal lands of equivalent value. The state may relinquish these reservation-located parcels and select replacement federal lands in phases, with the Secretary required to approve or reject selections within 180 days and initiate conveyance within 60 days of approval. The Act requires independent appraisals using federal standards to determine fair market value, with mechanisms for equalizing values through cash payments or ledger accounts capped at 25% of federal land value. Relinquished state lands within reservation boundaries will be taken into trust by the federal government on behalf of requesting Indian tribes and become part of their reservations. The legislation requires consultation with affected tribes prior to conveyance and protects existing Indian treaty rights and trust lands. It also mandates hazardous materials inspections before land transfers, requires continuation of existing grazing permits under their original terms, and ensures that conveyed state land continues to qualify as base property for federal grazing permits. The Act includes a savings clause preserving any litigation or disputes concerning land or mineral ownership that were pending when the Act was enacted.
AI-generated summary, pending human review.
| Version | Event | Date | User support | Your vote | Roll calls |
|---|---|---|---|---|---|
| Original |
Initial publication
Mar 21, 2025
|
Mar 21, 2025 | No votes yet | — | — |
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Core Policy Mechanism Top 5
Cost-sharing and mineral lease adjustments
- Population Scope Low Affects only North Dakota state government and federal agencies as parties who may assume each other's conveying costs or adjust values for mineral lease revenue-sharing obligations.
- Budgetary Magnitude Medium Mineral Leasing Act revenue-sharing obligations can be substantial for resource-rich lands. Allowing cost assumption and value adjustments creates moderate fiscal flexibility affecting federal and state budgets.
- Legal / Regulatory Depth High Permanently establishes rules for handling conveying costs and mineral lease value adjustments, creating lasting framework for these financial considerations.
- Degree of Discretion Granted High High discretion; parties 'may' assume the other's costs and adjust values accordingly. Mineral lease adjustments account for federal revenue-sharing but methodology is not prescriptively specified.
- Implementation & Enforcement Burden Medium Requires calculating federal revenue-sharing obligations under the Mineral Leasing Act and adjusting valuations accordingly, plus potentially negotiating cost assumptions—moderate administrative complexity.
- Temporal Commitment High Creates permanent framework without sunset provisions, establishing lasting authority and methodology for cost-sharing and mineral lease adjustments.
No signal yet
Core Policy Mechanism
Cost-sharing and mineral lease adjustments
Regulatory or Legal Changes Top 5
Hazardous materials inspection requirement
- Population Scope Low Affects North Dakota state government and the Secretary as parties required to conduct inspections before conveying land. Indirectly protects future land users from hazardous materials.
- Budgetary Magnitude Medium Environmental inspections and hazardous materials certifications for potentially numerous parcels can be costly, particularly Phase I and Phase II environmental assessments. No specific appropriation provided but costs could be substantial.
- Legal / Regulatory Depth High Permanently establishes mandatory environmental due diligence requirements for all conveyances under this Act without sunset provisions.
- Degree of Discretion Granted Medium Moderate discretion in selecting inspection methodologies and certification processes, though the requirement to complete inspections and certifications before conveyance is mandatory.
- Implementation & Enforcement Burden High High burden requiring environmental assessments, potentially invasive testing, remediation decisions, and formal certifications before any conveyance can proceed—significant technical and administrative requirements.
- Temporal Commitment High Creates permanent binding requirement for all conveyances under this Act without expiration, establishing lasting environmental protection obligation.
No signal yet
Regulatory or Legal Changes
Hazardous materials inspection requirement
Core Policy Mechanism Top 5
State land selection and secretary approval process
- Population Scope Medium Affects North Dakota state government, federal land management agencies, and indirectly impacts Indian tribes on reservations where state trust lands are located. The scope is geographically limited to one state but involves multiple governmental entities.
- Budgetary Magnitude Low No specific appropriation or authorization amount is provided in the provision. While land exchanges have budgetary implications, this provision establishes the procedural framework without direct fiscal impact.
- Legal / Regulatory Depth High Permanently establishes the legal mechanism for North Dakota to relinquish and select replacement lands, creating lasting change to state land grant holdings and federal land ownership patterns.
- Degree of Discretion Granted Medium The Secretary has limited discretion to approve or reject selections within 180 days and may request value adjustments within 120 days. The state exercises discretion in selecting which lands to relinquish and which federal lands to receive.
- Implementation & Enforcement Burden Low Creates minimal enforcement burden beyond administrative processing of land selections and approvals. The 180-day and 60-day timelines create procedural obligations but no penalties are specified.
- Temporal Commitment High Creates permanent framework without sunset provisions, establishing ongoing authority for the land exchange process that binds future administrations indefinitely.
No signal yet
Core Policy Mechanism
State land selection and secretary approval process
Core Policy Mechanism Top 5
Federal conveyance timeline and patent requirements
- Population Scope Medium Affects the same entities as the selection process—North Dakota, federal agencies, and indirectly tribes—but focuses specifically on the conveyance mechanism rather than selection.
- Budgetary Magnitude Low No appropriation or authorization specified. Administrative costs of processing patents and deeds are incidental to normal agency operations.
- Legal / Regulatory Depth High Establishes permanent legal requirements for how land title transfers occur, creating lasting standards for conveyance instruments and exempting these transfers from FLPMA exchange provisions.
- Degree of Discretion Granted Low Minimal discretion; Secretary must initiate conveyance within 60 days using patent or deed forms acceptable to both parties. The requirement is mandatory ('shall') with narrow procedural flexibility.
- Implementation & Enforcement Burden Low Low implementation burden consisting primarily of standard administrative land conveyance procedures. The 60-day timeline creates a procedural obligation without specified penalties.
- Temporal Commitment High Creates permanent binding requirements for how conveyances must be executed without sunset or review provisions, establishing lasting legal framework.
No signal yet
Core Policy Mechanism
Federal conveyance timeline and patent requirements
Core Policy Mechanism Top 5
State concurrent relinquishment and title conveyance
- Population Scope Medium Affects North Dakota state government and federal agencies, with indirect effects on current holders of claims or encumbrances on state trust lands.
- Budgetary Magnitude Low No direct appropriation. The requirement to convey title free of financial claims, liabilities, or encumbrances may have budgetary implications for North Dakota but no federal funding is specified.
- Legal / Regulatory Depth High Permanently transfers property rights and establishes that such transfers are exempt from FLPMA exchange provisions, creating lasting change to land ownership.
- Degree of Discretion Granted Low Very limited discretion; North Dakota must concurrently convey all right, title, and interest on the date of federal conveyance. The requirement to convey free of encumbrances is mandatory.
- Implementation & Enforcement Burden Medium Moderate burden requiring North Dakota to clear all financial claims, liabilities, and encumbrances before conveyance, necessitating due diligence and potentially resolving existing obligations.
- Temporal Commitment High Creates permanent obligation binding North Dakota to specific conveyance standards whenever the exchange occurs, with no sunset or temporal limitation.
No signal yet
Core Policy Mechanism
State concurrent relinquishment and title conveyance
Core Policy Mechanism
Trust acquisition for tribal-requested lands
- Population Scope Medium Primarily affects Indian tribes on North Dakota reservations where state trust lands are located. This is a distinct affected population from general state or federal land management stakeholders.
- Budgetary Magnitude Low No specific appropriation, though taking land into trust has administrative costs and long-term federal trust management obligations. Dollar amounts are not specified.
- Legal / Regulatory Depth High Permanently changes land status from state ownership to federal trust status on behalf of tribes, with lands becoming part of tribal reservations—a fundamental and lasting legal transformation.
- Degree of Discretion Granted Medium Tribes exercise discretion in requesting lands be taken into trust; Secretary has some discretion in processing such requests, though the provision indicates this 'shall' occur upon request.
- Implementation & Enforcement Burden Medium Moderate burden requiring Secretary to process trust acquisitions and tribes to formally request such status, along with ongoing federal trust management responsibilities.
- Temporal Commitment High Creates permanent trust status for acquired lands without sunset provisions, establishing perpetual federal trust obligations and tribal reservation boundaries.
No signal yet
Core Policy Mechanism (optional)
Trust acquisition for tribal-requested lands
Core Policy Mechanism
Public disclosure requirements
- Population Scope Medium Affects the general public in North Dakota and interested parties nationwide by providing access to appraisal information. The 30-day public review period creates meaningful public engagement opportunity.
- Budgetary Magnitude Low Minimal budgetary impact limited to costs of website posting and newspaper publication notices, which are de minimis administrative expenses.
- Legal / Regulatory Depth High Permanently establishes transparency requirements for all exchanges under this Act, creating lasting procedural obligations without sunset provisions.
- Degree of Discretion Granted Low Minimal discretion; Secretary must make appraisals publicly available at least 30 days before exchange and publish notice on federal website and in North Dakota newspapers. Requirements are mandatory.
- Implementation & Enforcement Burden Low Low burden consisting of standard administrative tasks: posting documents online and publishing notices in newspapers. These are routine government transparency activities.
- Temporal Commitment High Creates permanent binding disclosure requirements for all future exchanges under this Act without expiration or review provisions.
No signal yet
Core Policy Mechanism (optional)
Public disclosure requirements
Carve-outs, Exemptions, Eligibility
Indian treaty rights protection
- Population Scope Medium Affects Indian tribes with treaty-reserved rights and existing trust land holdings in North Dakota. While geographically limited to one state, this protects fundamental tribal rights.
- Budgetary Magnitude Low No appropriation or authorization. The provision preserves existing legal relationships without creating new fiscal obligations.
- Legal / Regulatory Depth High Permanently establishes that the Act does not alter existing treaty rights or trust holdings, creating lasting legal protection and limiting the Act's scope.
- Degree of Discretion Granted Low No discretion granted; this is a binding limitation provision that restricts how the Act can be interpreted or applied regarding tribal treaty rights and trust lands.
- Implementation & Enforcement Burden Low Minimal enforcement burden; provision operates as a legal safeguard that limits the Act's application rather than creating new implementation requirements.
- Temporal Commitment High Creates permanent binding limitation on the Act's scope without sunset, establishing lasting protection for tribal treaty rights and trust holdings.
No signal yet
Carve-outs, Exemptions, Eligibility (optional)
Indian treaty rights protection
Regulatory or Legal Changes
Continuation of existing grazing permits
- Population Scope Medium Affects ranchers and livestock operators holding grazing leases, permits, or contracts on lands subject to exchange. This is a distinct affected population with specific economic interests.
- Budgetary Magnitude Low No direct appropriation. Preserving existing grazing permits maintains current revenue streams but creates no new fiscal obligations.
- Legal / Regulatory Depth High Permanently establishes that existing grazing arrangements must continue despite land ownership changes, creating lasting protection for permit holders.
- Degree of Discretion Granted Low Minimal discretion; existing permits 'must be allowed to continue' under existing terms and conditions. The requirement is mandatory with no flexibility to modify terms.
- Implementation & Enforcement Burden Medium Requires new landowners (state or federal) to honor existing grazing agreements, track permit terms, and ensure continuity—moderate administrative burden involving contract management.
- Temporal Commitment High Creates permanent binding requirement without sunset that applies to all conveyances, establishing lasting protection for grazing permit holders.
No signal yet
Regulatory or Legal Changes (optional)
Continuation of existing grazing permits
Regulatory or Legal Changes
Grazing base property qualification
- Population Scope Medium Affects ranchers holding federal grazing permits who use conveyed state lands as base property. This provision protects their permit eligibility across permit terms and renewals.
- Budgetary Magnitude Low No appropriation or direct fiscal impact. Maintaining base property qualification preserves existing administrative arrangements without creating new costs.
- Legal / Regulatory Depth High Permanently establishes that conveyed state lands retain base property status for federal grazing permits throughout permit terms and renewals, creating lasting legal protection.
- Degree of Discretion Granted Low Minimal discretion; state-conveyed land must continue to qualify as base property. The requirement is mandatory, binding federal land management agencies.
- Implementation & Enforcement Burden Medium Requires federal agencies to recognize state-conveyed lands as qualifying base property when administering grazing permits and renewals—moderate administrative coordination burden.
- Temporal Commitment High Creates permanent binding requirement extending throughout permit terms and renewals without sunset, establishing lasting protection beyond initial permit periods.
No signal yet
Regulatory or Legal Changes (optional)
Grazing base property qualification
Core Policy Mechanism
Appraisal standards and requirements
- Population Scope Low Primarily affects the state and federal government as parties to the exchange, with indirect effects on independent appraisers retained for the work. Population scope is limited compared to provisions affecting broader public groups.
- Budgetary Magnitude Medium Appraisal costs for potentially numerous parcels across North Dakota could be substantial, though no specific appropriation is provided. The $500,000/$500 per acre threshold for simplified appraisals suggests significant aggregate value.
- Legal / Regulatory Depth High Permanently establishes binding appraisal methodology for all exchanges under this Act, creating lasting standards that must be followed without sunset provisions.
- Degree of Discretion Granted Medium Moderate discretion in choosing between two appraisal standards (UASFLA or USPAP) and in determining when simplified appraisals are appropriate under the $500,000/$500 per acre threshold with mutual consent.
- Implementation & Enforcement Burden Medium Requires hiring independent appraisers, conducting joint appraisals following federal professional standards, and ensuring compliance with specified methodologies—a moderate administrative and financial burden.
- Temporal Commitment High Creates permanent binding appraisal requirements for all exchanges under this Act without expiration, establishing lasting procedural obligations.
No signal yet
Core Policy Mechanism (optional)
Appraisal standards and requirements
Carve-outs, Exemptions, Eligibility
Preservation of pending litigation regarding land/mineral disputes
- Population Scope Low Affects only parties involved in litigation or disputes over North Dakota land or mineral ownership that were pending at enactment—a limited and specific population.
- Budgetary Magnitude Low No appropriation or direct fiscal impact. The provision preserves existing legal proceedings without creating new costs.
- Legal / Regulatory Depth High Permanently establishes that pending litigation is exempt from the Act's effects, creating lasting limitation on the Act's scope and retroactive application.
- Degree of Discretion Granted Low No discretion; pending litigation and disputes are categorically exempt from the Act. This is a bright-line rule without interpretive flexibility.
- Implementation & Enforcement Burden Low Minimal burden; courts and parties continue existing litigation unaffected by the Act. The provision operates as a legal carve-out rather than creating implementation requirements.
- Temporal Commitment High Creates permanent exemption without sunset, establishing lasting protection for pending litigation regardless of when such cases are ultimately resolved.
No signal yet
Carve-outs, Exemptions, Eligibility (optional)
Preservation of pending litigation regarding land/mineral disputes
Funding / Appropriations
Value equalization mechanisms
- Population Scope Low Affects only North Dakota state government and federal agencies as parties to the exchange. No broader public population is directly impacted by the value equalization methodology.
- Budgetary Magnitude Medium Authorizes cash payments or ledger credits up to 25% of federal land value to equalize exchanges. While no specific dollar amount is appropriated, the 25% cap on potentially high-value land exchanges suggests moderate fiscal impact.
- Legal / Regulatory Depth High Permanently establishes the legal framework for how value disparities must be resolved in exchanges under this Act, creating lasting binding requirements.
- Degree of Discretion Granted Medium Parties have discretion to choose between cash payment or ledger account methods. The 3-year balancing and 5-year closure requirements provide structured flexibility.
- Implementation & Enforcement Burden Medium Requires tracking ledger accounts, ensuring balancing within 3 years and closure within 5 years, and processing potential cash payments—moderate administrative complexity.
- Temporal Commitment Medium The 3-year and 5-year deadlines create medium-term commitments. While the framework is permanent, individual ledger accounts have defined temporal limits.
No signal yet
Funding / Appropriations (optional)
Value equalization mechanisms
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