[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1322 Reported in Senate (RS)]
<DOC>
Calendar No. 342
118th CONGRESS
2d Session
S. 1322
[Report No. 118-159]
To amend the Act of August 9, 1955, to modify the authorized purposes
and term period of tribal leases, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2023
Mr. Schatz (for himself and Ms. Murkowski) introduced the following
bill; which was read twice and referred to the Committee on Indian
Affairs
March 12, 2024
Reported by Mr. Schatz, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Act of August 9, 1955, to modify the authorized purposes
and term period of tribal leases, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Unlocking Native Lands and
Opportunities for Commerce and Key Economic Developments Act of
2023''.</DELETED>
<DELETED>SEC. 2. MODIFICATION OF TRIBAL LEASES AND RIGHTS-OF-WAY ACROSS
INDIAN LAND.</DELETED>
<DELETED> (a) Extension of Tribal Lease Period.--The first section
of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415)
(commonly known as the ``Long-Term Leasing Act''), is amended--
</DELETED>
<DELETED> (1) by striking ``That (a)'' and all that follows
through the end of subsection (a) and inserting the
following:</DELETED>
<DELETED>``SECTION 1. LEASES OF RESTRICTED LAND.</DELETED>
<DELETED> ``(a) Authorized Purposes; Term; Approval by Secretary.--
</DELETED>
<DELETED> ``(1) In general.--Any restricted Indian lands,
regardless of whether that land is tribally or individually
owned, may be leased by the Indian owner of the land, with the
approval of the Secretary, for--</DELETED>
<DELETED> ``(A) a public, religious, educational,
recreational, residential, business, or grazing
purposes; or</DELETED>
<DELETED> ``(B) a farming purpose that requires the
making of a substantial investment in the improvement
of the land for the production of 1 or more specialized
crops as determined by the Secretary.</DELETED>
<DELETED> ``(2) Inclusions.--A lease under paragraph (1) may
include the development or use of natural resources in
connection with operations under that lease.</DELETED>
<DELETED> ``(3) Term.--</DELETED>
<DELETED> ``(A) In general.--Except as provided in
subparagraph (B), a lease under paragraph (1) shall be
for a term of not more than 99 years, including any
renewals.</DELETED>
<DELETED> ``(B) Exception for grazing purposes.--A
lease under paragraph (1) for grazing purposes may be
for a term of not more than 10 years, including any
renewals.</DELETED>
<DELETED> ``(4) Requirement.--Each lease and renewal under
this subsection shall be made in accordance with such terms and
regulations as may be prescribed by the Secretary.</DELETED>
<DELETED> ``(5) Conditions for approval.--Before the
approval of any lease or renewal of an existing lease pursuant
to this subsection, the Secretary shall determine that adequate
consideration has been given to--</DELETED>
<DELETED> ``(A) relationship between the use of the
leased lands and the use of neighboring land;</DELETED>
<DELETED> ``(B) the height, quality, and safety of
any structures or other facilities to be constructed on
the leased land;</DELETED>
<DELETED> ``(C) the availability of police and fire
protection and other services on the leased
land;</DELETED>
<DELETED> ``(D) the availability of judicial forums
for all criminal and civil causes of action arising on
the leased land; and</DELETED>
<DELETED> ``(E) the effects on the environment of
the uses to which the leased lands will be
subject.'';</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) by striking ``(b) Any lease'' and
inserting the following:</DELETED>
<DELETED> ``(b) Exception for Secretary Approval.--Any
lease'';</DELETED>
<DELETED> (B) by striking ``of the Interior'' each
place it appears; and</DELETED>
<DELETED> (C) by striking ``clause (3)'' and
inserting ``paragraph'';</DELETED>
<DELETED> (3) by redesignating subsections (a), (b), (c),
and (d) as subsections (b), (c), (d), and (a), respectively,
and moving the subsections so as to appear in alphabetical
order; and</DELETED>
<DELETED> (4) by striking ``subsection (a)'' each place it
appears and inserting ``subsection (b)''.</DELETED>
<DELETED> (b) Technical Correction.--Section 2 of the Act of August
9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415a) (commonly known as
the ``Long-Term Leasing Act''), is amended by inserting ``of the
Interior'' after ``Secretary'' each place it appears.</DELETED>
<DELETED> (c) Modification of Rights-of-Way Across Indian Land.--The
first section of the Act of February 5, 1948 (62 Stat. 17, chapter 45;
25 U.S.C. 323), is amended--</DELETED>
<DELETED> (1) by striking ``That the Secretary of the
Interior be, and he is empowered to'' and inserting the
following:</DELETED>
<DELETED>``SECTION 1. RIGHTS-OF-WAY FOR ALL PURPOSES ACROSS INDIAN
LAND.</DELETED>
<DELETED> ``(a) Rights-of-Way.--Except as provided in subsection
(b), the Secretary of the Interior may''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(b) Exception.--A right-of-way granted by an Indian
tribe for the purposes authorized under this section shall not require
the approval of the Secretary of the Interior, subject to the condition
that--</DELETED>
<DELETED> ``(1) the right-of-way approval process by the
Indian tribe substantially complies with subsection (h) of the
first section of the Act of August 9, 1955 (69 Stat. 539,
chapter 615; 25 U.S.C. 415(h)); or</DELETED>
<DELETED> ``(2) the Indian tribe has tribal regulations
approved by the Secretary of the Interior under that
subsection.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unlocking Native Lands and
Opportunities for Commerce and Key Economic Developments Act of 2023''.
SEC. 2. MODIFICATION OF TRIBAL LEASES AND RIGHTS-OF-WAY ACROSS INDIAN
LAND.
(a) Extension of Tribal Lease Period.--The first section of the Act
of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415) (commonly
known as the ``Long-Term Leasing Act''), is amended--
(1) by striking ``That (a)'' and all that follows through
the end of subsection (a) and inserting the following:
``SECTION 1. LEASES OF RESTRICTED LAND.
``(a) Authorized Purposes; Term; Approval by Secretary.--
``(1) In general.--Any restricted Indian lands, regardless
of whether that land is tribally or individually owned, may be
leased by the Indian owner of the land, with the approval of
the Secretary, for--
``(A) a public, religious, educational,
recreational, residential, business, or grazing
purposes; or
``(B) a farming purpose that requires the making of
a substantial investment in the improvement of the land
for the production of 1 or more specialized crops as
determined by the Secretary.
``(2) Inclusions.--A lease under paragraph (1) may include
the development or use of natural resources in connection with
operations under that lease.
``(3) Term.--
``(A) In general.--Except as provided in
subparagraph (B), a lease under paragraph (1) shall be
for a term of not more than 99 years, including any
renewals.
``(B) Exception for grazing purposes.--A lease
under paragraph (1) for grazing purposes may be for a
term of not more than 10 years, including any renewals.
``(4) Requirement.--Each lease and renewal under this
subsection shall be made in accordance with such terms and
regulations as may be prescribed by the Secretary.
``(5) Conditions for approval.--Before the approval of any
lease or renewal of an existing lease pursuant to this
subsection, the Secretary shall determine that adequate
consideration has been given to--
``(A) relationship between the use of the leased
lands and the use of neighboring land;
``(B) the height, quality, and safety of any
structures or other facilities to be constructed on the
leased land;
``(C) the availability of police and fire
protection and other services on the leased land;
``(D) the availability of judicial forums for all
criminal and civil causes of action arising on the
leased land; and
``(E) the effects on the environment of the uses to
which the leased lands will be subject.'';
(2) in subsection (b)--
(A) by striking ``(b) Any lease'' and inserting the
following:
``(b) Exception for Secretary Approval.--Any lease'';
(B) by striking ``of the Interior'' each place it
appears; and
(C) by striking ``clause (3)'' and inserting
``paragraph'';
(3) by redesignating subsections (a), (b), (c), and (d) as
subsections (b), (c), (d), and (a), respectively, and moving
the subsections so as to appear in alphabetical order;
(4) by striking ``subsection (a)'' each place it appears
and inserting ``subsection (b)''; and
(5) in subsection (h)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``and the term of the lease does not exceed--
'' and inserting a period; and
(B) by striking subparagraphs (A) and (B).
(b) Technical Correction.--Section 2 of the Act of August 9, 1955
(69 Stat. 539, chapter 615; 25 U.S.C. 415a) (commonly known as the
``Long-Term Leasing Act''), is amended by inserting ``of the Interior''
after ``Secretary'' each place it appears.
(c) Modifications of Rights-of-way Across Indian Land.--The Act of
February 5, 1948 (62 Stat. 17, chapter 45), is amended--
(1) in the first section (62 Stat. 17, chapter 45; 25
U.S.C. 323), by striking ``That the Secretary of the Interior
be, and he is hereby, empowered to'' and inserting the
following:
``SECTION 1. RIGHTS-OF-WAY FOR ALL PURPOSES ACROSS INDIAN LAND.
``(a) Rights-of-Way.--The Secretary of the Interior may'';
(2) in section 2 (62 Stat. 18, chapter 45; 25 U.S.C. 324),
by striking ``organized under the Act of June 18, 1934 (48
Stat. 984), as amended; the Act of May 1, 1936 (49 Stat. 1250);
or the Act of June 26, 1936 (49 Stat. 1967),''; and
(3) by adding at the end the following:
``SEC. 8. TRIBAL GRANTS OF RIGHTS-OF-WAY.
``(a) Rights-of-way.--
``(1) In general.--Subject to paragraph (2), an Indian
tribe may grant a right-of-way over and across the Tribal land
of the Indian tribe for any purpose.
``(2) Authority.--A right-of-way granted under paragraph
(1) shall not require the approval of the Secretary of the
Interior or a grant by the Secretary of the Interior under the
section 1 if the right-of-way granted under paragraph (1) is
executed in accordance with a Tribal regulation approved by the
Secretary of the Interior under subsection (b).
``(b) Review of Tribal Regulations.--
``(1) Tribal regulation submission and approval.--
``(A) Submission.--An Indian tribe seeking to grant
a right-of-way under subsection (a) shall submit for
approval a Tribal regulation governing the granting of
rights-of-way over and across the Tribal land of the
Indian tribe.
``(B) Approval.--Subject to paragraph (2), the
Secretary of the Interior shall have the authority to
approve or disapprove any Tribal regulation submitted
under subparagraph (A).
``(2) Considerations for approval.--
``(A) In general.--The Secretary of the Interior
shall approve a Tribal regulation submitted under
paragraph (1)(A), if the Tribal regulation--
``(i) is consistent with any regulations
(or successor regulations) issued by the
Secretary of the Interior under section 4;
``(ii) provides for an environmental review
process that includes--
``(I) the identification and
evaluation of any significant impacts
the proposed action may have on the
environment; and
``(II) a process for ensuring--
``(aa) that the public is
informed of, and has a
reasonable opportunity to
comment on, any significant
environmental impacts of the
proposed action identified by
the Indian tribe under
subclause (I); and
``(bb) the Indian tribe
provides a response to each
relevant and substantive public
comment on the significant
environmental impacts
identified by the Indian tribe
under subclause (I) before the
Indian tribe approves the
right-of-way.
``(B) Statutory exemptions.--The Secretary of the
Interior, in making an approval decision under this
subsection, shall not be subject to--
``(i) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.);
``(ii) section 306108 of title 54, United
States Code; or
``(iii) the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
``(3) Review process.--
``(A) In general.--Not later than 180 days after
the date on which the Indian tribe submits a Tribal
regulation to the Secretary of the Interior under
paragraph (1)(A), the Secretary of the Interior shall--
``(i) review the Tribal regulation;
``(ii) approve or disapprove the Tribal
regulation; and
``(iii) notify the Indian tribe that
submitted the Tribal regulation of the approval
or disapproval.
``(B) Written documentation.--If the Secretary of
the Interior disapproves a Tribal regulation submitted
under paragraph (1)(A), the Secretary of the Interior
shall include with the disapproval notification under
subparagraph (A)(iii) written documentation describing
the basis for the disapproval.
``(C) Extension.--The Secretary of the Interior
may, after consultation with the Indian tribe that
submitted a Tribal regulation under paragraph (1)(A),
extend the 180-day period described in subparagraph
(A).
``(4) Federal environmental review.--Notwithstanding
paragraphs (2) and (3), if an Indian tribe carries out a
project or activity funded by a Federal agency, the Indian
tribe may rely on the environmental review process of the
applicable Federal agency rather than any Tribal environmental
review process required under this subsection.
``(c) Documentation.--An Indian tribe granting a right-of-way under
subsection (a) shall provide to the Secretary of the Interior--
``(1) a copy of the right-of-way, including any amendments
or renewals; and
``(2) if the right-of-way allows for compensation to be
made directly to the Indian tribe, documentation of payments
that are sufficient, as determined by the Secretary of the
Interior, as to enable the Secretary of the Interior to
discharge the trust responsibility of the United States under
subsection (d).
``(d) Trust Responsibility.--
``(1) In general.--The United States shall not be liable
for losses sustained by any party to a right-of-way granted
under subsection (a).
``(2) Authority of the secretary.--
``(A) In general.--Pursuant to the authority of the
Secretary of the Interior to fulfill the trust
obligation of the United States to the applicable
Indian tribe under Federal law (including regulations),
the Secretary of the Interior may, on reasonable notice
from the applicable Indian tribe and at the discretion
of the Secretary of the Interior, enforce the
provisions of, or cancel, any right-of-way granted by
the Indian tribe under subsection (a).
``(B) Authority.--The enforcement or cancellation
of a right-of-way under subparagraph (A) shall be
conducted using regulatory procedures issued under
section 6.
``(e) Compliance.--
``(1) In general.--An interested party, after exhaustion of
any applicable Tribal remedies, may submit a petition to the
Secretary of the Interior, at such time and in such form as
determined by the Secretary of the Interior, to review the
compliance of an applicable Indian tribe with a Tribal
regulation approved by the Secretary of the Interior under
subsection (b).
``(2) Violations.--If the Secretary of the Interior
determines that a Tribal regulation was violated after
conducting a review under paragraph (1), the Secretary of the
Interior may take any action the Secretary of the Interior
determines to be necessary to remedy the violation, including
rescinding the approval of the Tribal regulation and reassuming
responsibility for approving rights-of-way through the trust
land of the applicable Indian tribe.
``(3) Documentation.--If the Secretary of the Interior
determines that a Tribal regulation was violated after
conducting a review under paragraph (1), the Secretary of the
Interior shall--
``(A) provide written documentation, with respect
to the Tribal regulation that has been violated, to the
appropriate interested party and Indian tribe;
``(B) provide the applicable Indian tribe with a
written notice of the alleged violation; and
``(C) prior to the exercise of any remedy,
including rescinding the approval for the applicable
Tribal regulation or reassuming responsibility for
approving rights-of-way through the trust land of the
applicable Indian tribe, provide the applicable Indian
tribe with--
``(i) a hearing that is on the record; and
``(ii) a reasonable opportunity to cure the
alleged violation.
``(f) Savings Clause.--Nothing in this section affects the
application of any Tribal regulations issued under Federal
environmental law.
``(g) Effect of Tribal Regulations.--An approved Tribal regulation
under subsection (b) shall not preclude an Indian tribe from, in the
discretion of the Indian tribe, consenting to the grant of a right-of-
way by the Secretary of the Interior under the section 1.
``(h) Terms of Right-of-way.--The compensation for, and terms of, a
right-of-way granted under subsection (a) will be determined by--
``(1) negotiations by the Indian tribe; or
``(2) the regulations of the Indian tribe.
``(i) Jurisdiction.--The grant of a right-of-way under subsection
(a) does not waive the sovereign immunity of the Indian tribe or
diminish the jurisdiction of that Indian tribe over the Tribal land
subject to the right-of-way, unless otherwise provided in--
``(1) the grant of the right-of-way; or
``(2) the regulations of the Indian tribe.''.
Calendar No. 342
118th CONGRESS
2d Session
S. 1322
[Report No. 118-159]
_______________________________________________________________________
A BILL
To amend the Act of August 9, 1955, to modify the authorized purposes
and term period of tribal leases, and for other purposes.
_______________________________________________________________________
March 12, 2024
Reported with an amendment