[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 521 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 521

 To amend the Act of August 9, 1955, to extend the terms of leases of 
        certain restricted Indian land, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 5, 2003

 Mr. Campbell introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend the Act of August 9, 1955, to extend the terms of leases of 
        certain restricted Indian land, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Indian Land Leasing Act of 2003''.

SEC. 2. AUTHORIZATION OF 99-YEAR LEASES.

    (a) In General.--Subsection (a) of the first section of the Act of 
August 9, 1955 (25 U.S.C. 415(a)) is amended in the second sentence--
            (1) by inserting ``the reservation of the Confederated 
        Tribes of the Umatilla Indian Reservation,'' before ``the Burns 
        Paiute Reservation,'';
            (2) by inserting ``the'' before ``Yavapai-Prescott'';
            (3) by striking ``Washington,,'' and inserting 
        ``Washington,''; and
            (4) by inserting ``land held in trust for the Yurok Tribe, 
        land held in trust for the Hopland Band of Pomo Indians of the 
        Hopland Rancheria,'' after ``Pueblo of Santa Clara,''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to any lease entered into or renewed after the date of enactment 
of this Act.

SEC. 3. LEASE OF TRIBALLY-OWNED LAND BY ASSINIBOINE AND SIOUX TRIBES OF 
              THE FORT PECK RESERVATION.

    The first section of the Act of August 9, 1955 (25 U.S.C. 415) is 
amended by adding at the end the following:
    ``(g) Lease of Tribally-Owned Land by Assiniboine and Sioux Tribes 
of the Fort Peck Reservation.--
            ``(1) In general.--Notwithstanding subsection (a) and any 
        regulations under part 162 of title 25, Code of Federal 
        Regulations (or any successor regulation), subject to paragraph 
        (2), the Assiniboine and Sioux Tribes of the Fort Peck 
        Reservation may lease to the Northern Border Pipeline Company 
        tribally-owned land on the Fort Peck Indian Reservation for 1 
        or more interstate gas pipelines.
            ``(2) Conditions.--A lease entered into under paragraph 
        (1)--
                    ``(A) shall commence during fiscal year 2011 for an 
                initial term of 25 years;
                    ``(B) may be renewed for an additional term of 25 
                years; and
                    ``(C) shall specify in the terms of the lease an 
                annual rental rate--
                            ``(i) which rate shall be increased by 3 
                        percent per year on a cumulative basis for each 
                        5-year period; and
                            ``(ii) the adjustment of which in 
                        accordance with clause (i) shall be considered 
                        to satisfy any review requirement under part 
                        162 of title 25, Code of Federal Regulations 
                        (or a successor regulation).''.

SEC. 4. CERTIFICATION OF RENTAL PROCEEDS.

    Notwithstanding any other provision of law, any actual rental 
proceeds from the lease of land acquired under section 1 of Public Law 
91-229 (25 U.S.C. 488) certified by the Secretary of the Interior shall 
be deemed--
            (1) to constitute the rental value of that land; and
            (2) to satisfy the requirement for appraisal of that land.

SEC. 5. MONTANA INDIAN TRIBES; AGREEMENT WITH DRY PRAIRIE RURAL WATER 
              ASSOCIATION, INCORPORATED.

    (a) In General.--The Assiniboine and Sioux Tribes of the Fort Peck 
Indian Reservation (referred to in this section as the ``Tribes'') may, 
with the approval of the Secretary of the Interior, enter into a lease 
or other temporary conveyance of water rights recognized under the Fort 
Peck-Montana Compact (Montana Code Annotated 85-20-201) for the purpose 
of meeting the water needs of the Dry Prairie Rural Water Association, 
Incorporated (or any successor entity), in accordance with section 5 of 
the Fort Peck Reservation Rural Water System Act of 2000 (114 Stat. 
1454).
    (b) Conditions of Lease.--With respect to a lease or other 
temporary conveyance described in subsection (a)--
            (1) the term of the lease or conveyance shall not exceed 
        100 years; and
            (2)(A) the lease or conveyance may be approved by the 
        Secretary of the Interior without monetary compensation to the 
        Tribes; and
            (B) the Secretary of the Interior shall not be subject to 
        liability for any claim or cause of action relating to the 
        compensation or consideration received by the Tribes under the 
        lease or conveyance.
    (c) No Permanent Alienation of Water.--Nothing in this section 
authorizes any permanent alienation of any water by the Tribes.

SEC. 6. LEASES OF RESTRICTED INDIAN LAND; NON-INDIAN BUSINESS PARTNERS 
              ON INDIAN LAND.

    Subsection (a) of the first section of the Act of August 9, 1955 
(25 U.S.C. 415(a)) is amended by adding at the end the following: 
``Notwithstanding any other provision of law, no Indian tribe shall be 
required to obtain the approval of the Secretary to enter into a lease 
of restricted Indian land (not including any lease for exploration, 
development, or extraction of any mineral resource) under this 
subsection for a term that does not exceed 99 years if the Indian tribe 
provides written notice in original leasing documents that the Indian 
tribe has the unilateral right to terminate the lease in any case in 
which the Indian tribe does not waive sovereign immunity from any civil 
action brought by a party to the lease for just compensation as a 
result of such a termination. Any person that is a party to a lease 
described in the preceding sentence may bring a civil action to enforce 
the lease.''.
                                 <all>