What changed between these versions
A substantive amendment. v2 introduces a new Section 4 establishing a land exchange for surface interests between Musselshell Resources LLC and the United States, which was not present in v1. Concurrently, the conveyance of surface interests to the Hope Family Trust, originally included in v1, is removed from Section 3, and definitions are updated to reflect these changes and clarify the scope of the original mineral interest exchange.
Overview
A handful of significant changes, including the addition of a new operative section and several definition updates that restructure the land conveyance mechanisms. · v2 expands the scope of the bill to include a new surface land exchange for public access, while simultaneously clarifying and narrowing the specific types of interests being conveyed in the original mineral interest exchange.
The most significant change is the introduction of a new Section 4, which establishes a land exchange for surface interests between Musselshell Resources LLC and the United States, aiming to unlock public access. This change is accompanied by modifications to Section 3(a)(3), where the conveyance of surface land to the Hope Family Trust is removed, now focusing solely on mineral interests. Definitions in Section 2 were updated and expanded to support these new and modified provisions, particularly by distinguishing between mineral and surface tracts and introducing new entities involved in the surface exchange.
Major additions
This new definition, 'Bull Mountains Surface Tracts,' specifically defines the aggregate surface interests comprising approximately 940 acres in Musselshell County, Montana, owned by the United States. These interests were previously part of the broader 'Bull Mountains Tracts' definition in v1.
This addition is significant because it segregates the surface interests from the mineral interests, allowing them to be treated separately in the new land exchange provisions. It clarifies which specific surface areas are subject to the new public access initiative.
This new definition introduces 'Musselshell Resources LLC,' identifying it as a limited liability company registered to do business in the State of Montana. This entity is central to the newly added surface land exchange.
The addition of this definition is crucial as it identifies a key private party involved in the new land exchange for surface interests. It establishes the legal entity that will convey its surface tracts to the United States and receive other surface tracts in return.
This new definition, 'Musselshell Resources Tracts,' specifies the aggregate surface interests, approximately 959 acres, located in Musselshell County, Montana, that are owned by Musselshell Resources LLC. These tracts are generally depicted on the 'Bull Mountains Tracts' map dated March 19, 2025.
This definition is vital for the new Section 4, as it identifies the specific surface land that Musselshell Resources LLC will convey to the United States. This conveyance is intended to facilitate public access to these areas, representing a new component of the bill's purpose.
This entirely new section, titled 'UNLOCKING PUBLIC ACCESS,' mandates a single transaction within 60 days of the Act's enactment. It requires Musselshell Resources LLC to convey its surface interests in the Musselshell Resources Tracts to the United States, and in return, the Secretary of the Interior is to convey the United States' surface interests in the Bull Mountains Surface Tracts to Musselshell Resources LLC, subject to valid existing rights.
This addition represents a major expansion of the bill's scope, introducing a new land exchange specifically for surface interests. This exchange is intended to consolidate land ownership and improve public access, a purpose not explicitly addressed in v1. It creates new obligations for Musselshell Resources LLC and the Secretary.
Deletions
In v1, this provision stated that the Secretary shall convey to the Hope Family Trust 'all right, title, and interest of the United States in and to the mineral interests and surface land in the Bull Mountains Tracts.'
The deletion of 'and surface land' from this provision means that the Hope Family Trust will no longer receive the surface land interests from the United States as part of this specific conveyance. This surface land is now designated for a separate exchange under the newly added Section 4, fundamentally altering the original land transfer arrangement for the Hope Family Trust.
In v1, this provision required the Tribe and Hope Family Trust to agree on a formula for sharing revenue from the 'development of the mineral and surface interests described in subsection (a)(3)'.
The deletion of 'and surface interests' from the revenue sharing agreement means that the agreement between the Tribe and the Hope Family Trust will now only apply to revenue generated from the development of mineral interests. This change aligns with the modification in Section 3(a)(3), where surface interests are no longer conveyed to the Hope Family Trust under that subsection, thus removing them from the scope of this revenue sharing requirement.
Modifications
This modification clarifies that the term 'Bull Mountains Mineral Tracts' refers exclusively to the subsurface mineral rights, which are intended for conveyance to the Hope Family Trust. This distinction is crucial for the new Section 4, which deals separately with the surface interests, thereby streamlining the land transfer process for different types of interests.
Before
In v1, 'Bull Mountains Tracts' was defined to include both approximately 4,530 acres of subsurface mineral interests and approximately 940 acres of surface interests owned by the United States, generally depicted on a map dated January 30, 2024.
After
In v2, this definition is renamed 'Bull Mountains Mineral Tracts' and is narrowed to *only* include the approximately 4,530 acres of subsurface interests owned by the United States. The map date for these tracts is updated to March 19, 2025.
This modification means that the Hope Family Trust will now only receive the mineral interests from the United States under this specific provision. The surface land, previously included in this conveyance, is now subject to a separate land exchange mechanism outlined in the newly added Section 4, affecting the overall land ownership structure for the Hope Family Trust.
Before
In v1, this provision directed the Secretary to convey to the Hope Family Trust 'all right, title, and interest of the United States in and to the mineral interests and surface land in the Bull Mountains Tracts'.
After
In v2, this provision directs the Secretary to convey to the Hope Family Trust 'all right, title, and interest of the United States in and to the mineral interests in the Bull Mountains Mineral Tracts'.
This modification means that the revenue sharing agreement between the Tribe and the Hope Family Trust will now only apply to revenue derived from the mineral interests conveyed under Section 3(a)(3). This change directly reflects the removal of surface land from the conveyance to the Hope Family Trust in Section 3(a)(3), ensuring consistency in the bill's provisions regarding these land interests.
Before
In v1, this provision required the Tribe and the Hope Family Trust to agree on a formula for sharing revenue from the 'development of the mineral and surface interests described in subsection (a)(3)'.
After
In v2, this provision requires the Tribe and the Hope Family Trust to agree on a formula for sharing revenue from the 'development of the mineral interests described in subsection (a)(3)'.
Scope
Meaningful expansion or narrowing — Changes are concentrated in the definitions section and the core land conveyance mechanisms, specifically by adding a new type of land exchange for surface interests. — v2 represents a meaningful expansion of the bill's policy to include a separate surface land exchange for public access, while simultaneously refining the original mineral interest exchange by making it more precise. — The new Section 4 directly interacts with the modified Section 3 by separating the surface land conveyance from the mineral interest conveyance. This necessitates new definitions in Section 2 to clearly distinguish between mineral and surface tracts and to introduce the new private entity involved in the surface exchange.
Impact analysis
Hope Family Trust
This group experiences a narrowing of the land interests received from the United States in the primary exchange, specifically losing the surface rights.
The Hope Family Trust will no longer receive surface land interests from the United States as part of the conveyance under Section 3(a)(3). Their conveyance is now limited to mineral interests.
United States Government (Secretary of the Interior)
This group gains surface land (Musselshell Resources Tracts) and conveys other surface land (Bull Mountains Surface Tracts) in a new exchange, expanding its land management duties.
The Secretary of the Interior is now mandated to conduct an additional land exchange involving surface interests with Musselshell Resources LLC, separate from the mineral interest conveyance. The Secretary will convey Bull Mountains Surface Tracts to Musselshell Resources LLC and receive Musselshell Resources Tracts.
Musselshell Resources LLC
This group participates in a new land exchange, conveying surface land to the United States and receiving other surface land from the United States.
Musselshell Resources LLC is now a direct party to a mandated land exchange, required to convey its surface interests in the Musselshell Resources Tracts to the United States in exchange for the United States' surface interests in the Bull Mountains Surface Tracts.
The Public (Recreational Users)
This group potentially gains new public access to land previously held by a private entity.
The new Section 4, by facilitating the conveyance of Musselshell Resources Tracts to the United States, is intended to unlock public access to these approximately 959 acres of surface interests.