PolicyBrief
S. 239
119th CongressJan 24th 2025
Crow Revenue Act
IN COMMITTEE

This bill facilitates land and mineral interest conveyances involving the Bull Mountains Lease, the Hope Family Trust, and the Crow Tribe, ensuring these mineral interests are held in trust for the Tribe's benefit and are exempt from state taxation, while also protecting the Tribe's eligibility for other federal benefits.

Steve Daines
R

Steve Daines

Senator

MT

LEGISLATION

Crow Tribe Mineral Rights Bill Shuffles Land and Revenue in Montana: Here's the Deal

The "Crow Revenue Act" is basically a land and mineral rights swap involving the Crow Tribe, the federal government, and a private entity called the Hope Family Trust. Here's the breakdown:

What's Actually Happening?

This bill, if passed, sets up a series of transfers. First, the current lessee of the Bull Mountains Lease (Bureau of Land Management Lease MTM97988, dated June 1, 2012) can give up their lease to the Secretary of the Interior within 60 days of the bill becoming law (SEC. 3). Then, the Hope Family Trust must hand over all their mineral rights in the Hope Family Tracts (about 4,660 acres in Big Horn County, Montana) to the Crow Tribe (SEC. 3). In exchange, the U.S. government must give the Hope Family Trust the mineral and surface rights to the Bull Mountains Tracts (around 4,530 acres of subsurface and 940 acres of surface interests in Musselshell County, Montana) (SEC. 3). Finally, if the Crow Tribe wants, those newly acquired mineral rights from the Hope Family Tracts will be held in trust for them by the federal government (SEC. 3). The Tribe also has to let the Secretary of the Interior know about any deal they've made with the Hope Family Trust for sharing revenue from future development on these lands (SEC. 3).

Real-World Rollout

Imagine a business owner (the Lessee) currently renting a space (the Bull Mountains Lease). This bill allows them to end that lease early. Then, a family (Hope Family Trust) trades their mineral rights on one piece of land for full rights to another. The Crow Tribe gains control of those traded mineral rights, potentially boosting their income from resource development. For example, if the Tribe decides to develop these resources, it could mean new jobs and revenue streams for tribal members. However, once these lands are transferred, they're no longer subject to many federal land and mining laws (SEC. 3). This means less federal oversight, but also potentially different rules for how the land can be used.

Who Feels the Change and How?

The Crow Tribe stands to gain the most, with increased control over mineral resources and potential economic benefits. The Hope Family Trust also benefits by consolidating their holdings. Importantly, the bill specifically states that any money or benefits the Tribe gets from this deal won't affect any other federal benefits or programs they're already eligible for (SEC. 4). So, a Crow Tribe member receiving healthcare through Indian Health Services wouldn't see those benefits reduced because of this act.

Potential Roadblocks

While the bill aims to clarify land and mineral rights, there are a few potential hitches. There has to be a clear, defined agreement between the Crow Tribe and the Hope Family Trust about revenue sharing (SEC. 3). Any lack of clarity in that agreement could lead to disputes down the line. Also, while the bill prevents Montana from taxing the Tribe's mineral interests (SEC. 3), enforcing that might get tricky. And, because these lands are withdrawn from certain federal laws, the long-term environmental impacts of any future mineral development are a bit of an open question.

The Big Picture

This bill is part of a larger trend of increasing tribal sovereignty and control over natural resources. It resolves some existing land ownership questions, but also introduces new dynamics in how these lands will be managed and how the benefits will be shared. It fits within the broader context of federal Indian law, but it's also a very specific deal with its own unique set of potential benefits and challenges.