[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2665 Reported in Senate (RS)]






                                                       Calendar No. 954
106th CONGRESS
  2d Session
                                S. 2665

                          [Report No. 106-511]

To establish a streamlined process to enable the Navajo Nation to lease 
 trust lands without having to obtain the approval of the Secretary of 
   the Interior of individual leases, except leases for exploration, 
          development, or extraction of any mineral resources.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 25, 2000

  Mr. Kyl (for himself, Mr. Domenici and Mr. Bingaman) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Indian Affairs

            October 31 (legislative day, September 22), 2000

              Reported by Mr. Campbell, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To establish a streamlined process to enable the Navajo Nation to lease 
 trust lands without having to obtain the approval of the Secretary of 
   the Interior of individual leases, except leases for exploration, 
          development, or extraction of any mineral resources.

    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 ``Navajo Nation Trust Land 
Leasing Act of 2000''.</DELETED>

<DELETED>SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF 
              PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Recognizing the special relationship 
between the United States and the Navajo nation and its members, and 
the Federal responsibility to the Navajo people, Congress finds that--
</DELETED>
        <DELETED>    (1) the third clause of section 8, Article I of 
        the United States Constitution provides that ``The Congress 
        shall have Power...to regulate Commerce...with Indian tribes'', 
        and, through this and other constitutional authority, Congress 
        has plenary power over Indian affairs;</DELETED>
        <DELETED>    (2) Congress, through statutes, treaties, and the 
        general course of dealing with Indian tribes, has assumed the 
        responsibility for the protection and preservation of Indian 
        tribes and their resources;</DELETED>
        <DELETED>    (3) the United States has a trust obligation to 
        guard and preserve the sovereignty of Indian tribes in order to 
        foster strong tribal governments, Indian self-determination, 
        and economic self-sufficiency;</DELETED>
        <DELETED>    (4) pursuant to the first section of the Act of 
        August 9, 1955 (25 U.S.C. 415), Congress conferred upon the 
        Secretary of the Interior the power to promulgate regulations 
        governing tribal leases and to approve tribal leases for tribes 
        according to regulations promulgated by the 
        Secretary;</DELETED>
        <DELETED>    (5) the Secretary of the Interior has promulgated 
        the regulations described in paragraph (4) at part 162 of title 
        25, Code of Federal Regulations;</DELETED>
        <DELETED>    (6) the requirement that the Secretary approve 
        leases for the development of Navajo trust lands has added a 
        level of review and regulation that does not apply to the 
        development of non-Indian land; and</DELETED>
        <DELETED>    (7) in the global economy of the 21st Century, it 
        is crucial that individual leases of Navajo trust lands not be 
        subject to Secretarial approval and that the Navajo Nation be 
        able to make immediate decisions over the use of Navajo trust 
        lands.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are as 
follows:</DELETED>
        <DELETED>    (1) To establish a streamlined process for the 
        Navajo Nation to lease trust lands without having to obtain the 
        approval of the Secretary of the Interior of individual leases, 
        except leases for exploration, development, or extraction of 
        any mineral resources.</DELETED>
        <DELETED>    (2) To authorize the Navajo nation, pursuant to 
        tribal regulations, which must be approved by the Secretary, to 
        lease Navajo trust lands without the approval of the Secretary 
        of the Interior of the individual leases, except leases for 
        exploration, development, or extraction of any mineral 
        resources.</DELETED>
        <DELETED>    (3) To revitalize the distressed Navajo 
        Reservation by promoting political self-determination, and 
        encouraging economic self-sufficiency, including economic 
        development that increases productivity and the standard of 
        living for members of the Navajo Nation.</DELETED>
        <DELETED>    (4) To maintain, strengthen, and protect the 
        Navajo Nation's leasing power over Navajo trust 
        lands.</DELETED>
<DELETED>    (c) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Indian tribe.--The term ``Indian tribe'' has 
        the meaning given such term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 
        450b(e)).</DELETED>
        <DELETED>    (2) Navajo nation.--The term ``Navajo Nation'' 
        means the Navajo Nation government that is in existence on the 
        date of enactment of this Act.</DELETED>
        <DELETED>    (3) Tribal regulations.--The term ``tribal 
        regulations'' means the Navajo Nation regulations as enacted by 
        the Navajo Nation Council or its standing committees and 
        approved by the Secretary.</DELETED>

<DELETED>SEC. 3. LEASE OF RESTRICTED LANDS FOR THE NAVAJO 
              NATION.</DELETED>

<DELETED>    The first section of the Act of August 9, 1955 (25 U.S.C. 
415) is amended--</DELETED>
        <DELETED>    (1) in subsection (d)--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking ``and'' 
                at the end;</DELETED>
                <DELETED>    (B) in paragraph (2), by striking the 
                period and inserting a semicolon; and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(3) the term `individually owned Navajo Indian 
        allotted lands' means Navajo Indian allotted land that is owned 
        by 1 or more individuals located within the Navajo 
        Nation;</DELETED>
        <DELETED>    ``(4) the term `Navajo Nation' means the Navajo 
        Nation government that is in existence on the date of enactment 
        of this Act;</DELETED>
        <DELETED>    ``(5) the term `Secretary' means the Secretary of 
        the Interior; and</DELETED>
        <DELETED>    ``(6) the term `tribal regulations' means the 
        Navajo Nation regulations as enacted by the Navajo Nation 
        Council or its standing committees and approved by the 
        Secretary.''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(e)(1) Any leases by the Navajo Nation for purposes 
authorized under subsection (a), except a lease for the exploration, 
development, or extraction of any mineral resources, shall not require 
the approval of the Secretary if the term of the lease does not exceed 
75 years (including options to renew), and the lease is executed under 
tribal regulations that are approved by the Secretary under this 
subsection.</DELETED>
<DELETED>    ``(2) Paragraph (1) shall not apply to individually owned 
Navajo Indian allotted land located within the Navajo Nation.</DELETED>
<DELETED>    ``(3) The Secretary shall have the authority to approve or 
disapprove tribal regulations required under paragraph (1). The 
Secretary shall not have approval authority over individual leases of 
Navajo trust lands, except for the exploration, development, or 
extraction of any mineral resources. The Secretary shall perform the 
duties of the Secretary under this subsection in the best interest of 
the Navajo Nation.</DELETED>
<DELETED>    ``(4) If the Navajo Nation has executed a lease pursuant 
to tribal regulations required under paragraph (1), the United states 
shall not be liable for losses sustained by any party to such lease, 
including the Navajo Nation, except that--</DELETED>
        <DELETED>    ``(A) the Secretary shall continue to have a trust 
        obligation to ensure that the rights of the Navajo Nation are 
        protected in the event of a violation of the terms of any lease 
        by any other party to such lease, including the right to cancel 
        the lease if requested by the Navajo Nation; and</DELETED>
        <DELETED>    ``(B) nothing in this subsection shall be 
        construed to absolve the United States from any responsibility 
        to the Navajo Nation, including responsibilities that derive 
        from the trust relationship and from any treaties, Executive 
        Orders, or agreements between the United States and the Navajo 
        Nation, except as otherwise specifically provided in this 
        subsection.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Navajo Nation Trust Land Leasing Act 
of 2000''.

SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES.

    (a) Findings.--Recognizing the special relationship between the 
United States and the Navajo Nation and its members, and the Federal 
responsibility to the Navajo people, Congress finds that--
            (1) the third clause of section 8, Article I of the United 
        States Constitution provides that ``The Congress shall have 
        Power...to regulate Commerce...with Indian tribes'', and, 
        through this and other constitutional authority, Congress has 
        plenary power over Indian affairs;
            (2) Congress, through statutes, treaties, and the general 
        course of dealing with Indian tribes, has assumed the 
        responsibility for the protection and preservation of Indian 
        tribes and their resources;
            (3) the United States has a trust obligation to guard and 
        preserve the sovereignty of Indian tribes in order to foster 
        strong tribal governments, Indian self-determination, and 
        economic self-sufficiency;
            (4) pursuant to the first section of the Act of August 9, 
        1955 (25 U.S.C. 415), Congress conferred upon the Secretary of 
        the Interior the power to promulgate regulations governing 
        tribal leases and to approve tribal leases for tribes according 
        to regulations promulgated by the Secretary;
            (5) the Secretary of the Interior has promulgated the 
        regulations described in paragraph (4) at part 162 of title 25, 
        Code of Federal Regulations;
            (6) the requirement that the Secretary approve leases for 
        the development of Navajo trust lands has added a level of 
        review and regulation that does not apply to the development of 
        non-Indian land; and
            (7) in the global economy of the 21st Century, it is 
        crucial that individual leases of Navajo trust lands not be 
        subject to Secretarial approval and that the Navajo Nation be 
        able to make immediate decisions over the use of Navajo trust 
        lands.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To establish a streamlined process for the Navajo 
        Nation to lease trust lands without having to obtain the 
        approval of the Secretary of the Interior for individual 
        leases, except leases for exploration, development, or 
        extraction of any mineral resources.
            (2) To authorize the Navajo Nation, pursuant to tribal 
        regulations, which must be approved by the Secretary, to lease 
        Navajo trust lands without the approval of the Secretary of the 
        Interior for the individual leases, except leases for 
        exploration, development, or extraction of any mineral 
        resources.
            (3) To revitalize the distressed Navajo Reservation by 
        promoting political self-determination, and encouraging 
        economic self-sufficiency, including economic development that 
        increases productivity and the standard of living for members 
        of the Navajo Nation.
            (4) To maintain, strengthen, and protect the Navajo 
        Nation's leasing power over Navajo trust lands.
            (5) To ensure that the United States is faithfully 
        executing its trust obligation to the Navajo Nation by 
        maintaining federal supervision through oversight of and record 
        keeping related to leases of Navajo Nation tribal trust lands.

SEC. 3. LEASE OF RESTRICTED LANDS FOR THE NAVAJO NATION.

    The first section of the Act of August 9, 1955 (25 U.S.C. 415) is 
amended--
            (1) in subsection (d)--
                    (A) in paragraph (1), by striking ``and'' at the 
                end;
                    (B) in paragraph (2), by striking the period and 
                inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(3) the term `individually owned Navajo Indian allotted 
        land' means a single parcel of land that--
                    ``(A) is located within the jurisdiction of the 
                Navajo Nation;
                    ``(B) is held in trust or restricted status by the 
                United States for the benefit of Navajo Indians or 
                members of another Indian tribe; and
                    ``(C) was--
                            ``(i) allotted to a Navajo Indian; or
                            ``(ii) taken into trust or restricted 
                        status by the United States for an individual 
                        Indian;
            ``(4) the term `interested party' means an Indian or non-
        Indian individual or corporation, or tribal or non-tribal 
        government whose interests could be adversely affected by a 
        tribal trust land leasing decision made by the Navajo Nation;
            ``(5) the term `Navajo Nation' means the Navajo Nation 
        government that is in existence on the date of enactment of 
        this Act or its successor;
            ``(6) the term `petition' means a written request submitted 
        to the Secretary for the review of an action (or inaction) of 
        the Navajo Nation that is claimed to be in violation of the 
        approved tribal leasing regulations;
            ``(7) the term `Secretary' means the Secretary of the 
        Interior; and
            ``(8) the term `tribal regulations' means the Navajo Nation 
        regulations enacted in accordance with Navajo Nation law and 
        approved by the Secretary.''; and
            (2) by adding at the end the following:
    ``(e)(1) Any leases by the Navajo Nation for purposes authorized 
under subsection (a), and any amendments thereto, except a lease for 
the exploration, development, or extraction of any mineral resources, 
shall not require the approval of the Secretary if the lease is 
executed under the tribal regulations approved by the Secretary under 
this subsection and the term of the lease does not exceed--
            ``(A) in the case of a business or agricultural lease, 25 
        years, except that any such lease may include an option to 
        renew for up to 2 additional terms, each of which may not 
        exceed 25 years; and
            ``(B) in the case of a lease for public, religious, 
        educational, recreational, or residential purposes, 75 years if 
        such a term is provided for by the Navajo Nation through the 
        promulgation of regulations.
    ``(2) Paragraph (1) shall not apply to individually owned Navajo 
Indian allotted land.
    ``(3) The Secretary shall have the authority to approve or 
disapprove tribal regulations referred to under paragraph (1). The 
Secretary shall approve such tribal regulations if such regulations are 
consistent with the regulations of the Secretary under subsection (a) 
and any amendments thereto. The Secretary shall review and approve or 
disapprove the regulations of the Navajo Nation within 120 days of the 
submission of such regulations to the Secretary. Any disapproval of 
such regulations by the Secretary shall be accompanied by written 
documentation that sets forth the basis for the disapproval. Such 120-
day period may be extended by the Secretary after consultation with the 
Navajo Nation.
    ``(4) If the Navajo Nation has executed a lease pursuant to tribal 
regulations under paragraph (1), the Navajo Nation shall provide the 
Secretary with--
            ``(A) a copy of the lease and all amendments and renewals 
        thereto; and
            ``(B) in the case of regulations or a lease that permits 
        payment to be made directly to the Navajo Nation, documentation 
        of the lease payments sufficient to enable the Secretary to 
        discharge the trust responsibility of the United States under 
        paragraph (5).
    ``(5) The United States shall not be liable for losses sustained by 
any party to a lease executed pursuant to tribal regulations under 
paragraph (1), including the Navajo Nation, except that--
            ``(A) nothing in this paragraph shall be construed to 
        diminish the authority of the Secretary in furtherance of the 
        trust obligation of the United States to ensure that the rights 
        of the Navajo Nation are protected in the event of a violation 
        of the terms of any lease by any other party to the lease, 
        including the authority of the Secretary to cancel a lease; and
            ``(B) nothing in this paragraph shall be construed to 
        absolve the United States from any responsibility to the Navajo 
        Nation, including any responsibility that derives from the 
        trust relationship of the United States and from any treaties, 
        Executive Orders, laws, regulations, or agreements between the 
        United States and the Navajo Nation, except as otherwise 
        specifically provided in this subsection.
    ``(6)(A) An interested party may, after exhaustion of tribal 
remedies, submit, in a timely manner, a petition to the Secretary to 
review the compliance of the Navajo Nation with any regulations 
approved under this subsection. If upon such review the Secretary 
determines that the regulations were violated, the Secretary may take 
such action as may be necessary to remedy the violation, including 
rescinding the approval of the tribal regulations and reassuming 
responsibility for the approval of leases for Navajo Nation tribal 
trust lands.
    ``(B) If the Secretary seeks to remedy a violation described in 
subparagraph (A), the Secretary shall--
            ``(i) make a written determination with respect to the 
        regulations that have been violated;
            ``(ii) provide the Navajo Nation with a written notice of 
        the alleged violation together with such written determination; 
        and
            ``(iii) prior to the exercise of any remedy or the 
        rescission of the approval of the regulation involved and the 
        reassumption of the lease approval responsibility, provide the 
        Navajo Nation with a hearing on the record and a reasonable 
        opportunity to cure the alleged violation.''.




                                                       Calendar No. 954

106th CONGRESS

  2d Session

                                S. 2665

                          [Report No. 106-511]

_______________________________________________________________________

                                 A BILL

To establish a streamlined process to enable the Navajo Nation to lease 
 trust lands without having to obtain the approval of the Secretary of 
   the Interior of individual leases, except leases for exploration, 
          development, or extraction of any mineral resources.

_______________________________________________________________________

            October 31 (legislative day, September 22), 2000

              Reported by Mr. Campbell, with an amendment