Page:United States Statutes at Large Volume 108 Part 5.djvu/1081

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PUBLIC LAW 103-435—NOV. 2, 1994 108 STAT. 4571 14 minutes 40 seconds west 2177.19 feet to the true point of beginning, containing in all 40.0 acres, more or less. (b) DEED AND LEASE.— (1) IN GENERAL.—The deed issued under this section shall provide that— (A) title to all. coal and other minerals, including oil, gas, and other natural deposits, within the Subject Lands shall remain in the Secretary in trust for the Tribe, as provided in Public Law 90-424 (82 Stat 424); (B) the Subject Lands may be used for the purpose of constructing and operating a public high school and related facilities thereon, and for no other purpose; (C) title to thie Subject Lands, free and clear of all hens and encumbrances, shall automatically revert to the Secretary in trust for the Tribe, and the deed shall be of no further force or effect, if, within 8 years after the date of the deed, classes have not commenced in a permanent public high school facility established on the Subject Lsinds, or if such classes conmience at the facihty wimin such 8-year period, but the facility subsequently permanently ceases operating as a public high school; and (D) at any time after the conclusion of the current htigation (commenced before the date of enactment of this Act and including all trial and, if any, appellate proceedings) challenging the November 9, 1993, decision of the Superintendent of Public Instruction for the State of Montana panting the petition to create the School District, and with the prior approval of the Superintendent of Public Instruction (referred to in this section as the "Superintendent's Approval"), the Tribe shall have the right to replace the deed with a lease covering the Subject Lands issued under section 1(a) of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415(a)) having a term of 25 years, with a right to renew for an additional 25 years. ¥, (2) CONDITIONS OF LEASE. —Under the lease referred to in paragraph (1)(D), the Subiect Lands shall be leased rent free to the School District for the exclusive purpose of constructing and operating a public high school and related faciHties thereon. The lease snail terminate if, within 8 years after the date of the deed, classes have not commenced in a permanent public high school facility established on title Subject Lands, or if such classes commence at the facility within such 8-year period, but the facihty subsequently permanently ceases operating as a public high school. In the event the Tribe seeks and obtains the Superintendent's Approval, the Tribe may tender a lease, signed by the Tribe and approved by the Secretary, which compHes with the provisions of this subsection. Upon such tender, the deed shall be of no farther force or effect, and, subject to the leasehold interest offered to the School District, title to the Subject Lands, free and clear of all liens and encumbrances, shall automatically revert to the Secretary in trust for the Tribe. The Tribe may at any time irrevocably reUnquish the right provided to it under this subsection by resolution of the Northern Cheyenne Tribal Council explicitly so providing. (c) EFFECT OF ACCEPTANCE OF DEED. —Upon the School District's acceptance of a deed delivered under this section, the School