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






                                                        Calendar No. 99
108th CONGRESS
  1st Session
                                 S. 521

                          [Report No. 108-48]

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

                              May 15, 2003

              Reported by Mr. Campbell, 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 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Indian Land Leasing Act of 
2003''.</DELETED>

<DELETED>SEC. 2. AUTHORIZATION OF 99-YEAR LEASES.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) by inserting ``the reservation of the 
        Confederated Tribes of the Umatilla Indian Reservation,'' 
        before ``the Burns Paiute Reservation,'';</DELETED>
        <DELETED>    (2) by inserting ``the'' before ``Yavapai-
        Prescott'';</DELETED>
        <DELETED>    (3) by striking ``Washington,,'' and inserting 
        ``Washington,''; and</DELETED>
        <DELETED>    (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,''.</DELETED>
<DELETED>    (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.</DELETED>

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

<DELETED>    The first section of the Act of August 9, 1955 (25 U.S.C. 
415) is amended by adding at the end the following:</DELETED>
<DELETED>    ``(g) Lease of Tribally-Owned Land by Assiniboine and 
Sioux Tribes of the Fort Peck Reservation.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Conditions.--A lease entered into under 
        paragraph (1)--</DELETED>
                <DELETED>    ``(A) shall commence during fiscal year 
                2011 for an initial term of 25 years;</DELETED>
                <DELETED>    ``(B) may be renewed for an additional 
                term of 25 years; and</DELETED>
                <DELETED>    ``(C) shall specify in the terms of the 
                lease an annual rental rate--</DELETED>
                        <DELETED>    ``(i) which rate shall be 
                        increased by 3 percent per year on a cumulative 
                        basis for each 5-year period; and</DELETED>
                        <DELETED>    ``(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).''.</DELETED>

<DELETED>SEC. 4. CERTIFICATION OF RENTAL PROCEEDS.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (1) to constitute the rental value of that land; 
        and</DELETED>
        <DELETED>    (2) to satisfy the requirement for appraisal of 
        that land.</DELETED>

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

<DELETED>    (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).</DELETED>
<DELETED>    (b) Conditions of Lease.--With respect to a lease or other 
temporary conveyance described in subsection (a)--</DELETED>
        <DELETED>    (1) the term of the lease or conveyance shall not 
        exceed 100 years; and</DELETED>
        <DELETED>    (2)(A) the lease or conveyance may be approved by 
        the Secretary of the Interior without monetary compensation to 
        the Tribes; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) No Permanent Alienation of Water.--Nothing in this 
section authorizes any permanent alienation of any water by the 
Tribes.</DELETED>

<DELETED>SEC. 6. LEASES OF RESTRICTED INDIAN LAND; NON-INDIAN BUSINESS 
              PARTNERS ON INDIAN LAND.</DELETED>

<DELETED>    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.''.</DELETED>

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,'';
            (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,''; and
            (5) by inserting ``the Muckleshoot Indian Reservation and 
        land held in trust for the Muckleshoot Indian Tribe,'' after 
        ``the Cabazon Indian reservation,''.
    (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. APPROVAL OF, AND REGULATIONS RELATING TO, TRIBAL LEASES.

    The first section of the Act of August 9, 1955 (25 U.S.C. 415) is 
amended by adding at the end the following:
    ``(f) Approval of, and Regulations Relating to, Tribal Leases.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Indian tribe.--The term `Indian tribe' has 
                the meaning given the term in section 4 of the Indian 
                Self-Determination and Education Assistance Act (25 
                U.S.C. 450b).
                    ``(B) Secretary.--The term `Secretary' means the 
                Secretary of the Interior.
            ``(2) Approval of leases.--At the discretion of any 
        federally recognized Indian tribe, a lease by the federally 
        recognized Indian tribe for a purpose authorized under 
        subsection (a) (not including any lease for the exploration, 
        development, or extraction of any mineral resource) shall not 
        require the approval of the Secretary if--
                    ``(A) the lease is executed under the tribal 
                regulations approved by the Secretary under paragraph 
                (3); and
                    ``(B) the term of the lease does not exceed--
                            ``(i) in the case of a business or 
                        agricultural lease, 99 years; and
                            ``(ii) in the case of a lease for a public, 
                        religious, educational, recreational, or 
                        residential purpose, 99 years, if such a term 
                        is provided for by the federally recognized 
                        Indian tribe in the tribal regulations.
            ``(3) Tribal regulations.--
                    ``(A) In general.--The Secretary may approve or 
                disapprove tribal regulations referred to in paragraph 
                (2)(B)(ii).
                    ``(B) Approval and disapproval.--Not later than 90 
                days after the date on which the Secretary receives 
                tribal regulations described in paragraph (2)(B)(ii) 
                from a federally recognized Indian tribe (or such later 
                date as may be established by the Secretary, after 
                consultation with the Indian tribe), the Secretary 
                shall--
                            ``(i) review the tribal regulations; and
                            ``(ii)(I) if the Secretary determines that 
                        the tribal regulations are consistent with the 
                        regulations of the Secretary promulgated under 
                        subsection (a)--
                                    ``(aa) approve the regulations; and
                                    ``(bb) provide for an environmental 
                                review process with respect to the 
                                regulations; or
                            ``(II) if the Secretary determines that the 
                        regulations are not consistent with the 
                        regulations of the Secretary promulgated under 
                        subsection (a)--
                                    ``(aa) disapprove the regulations; 
                                and
                                    ``(bb) provide to the Indian tribe 
                                that submitted the tribal regulations a 
                                written explanation that describes the 
                                basis for the disapproval.
            ``(4) Executed leases.--If a federally recognized Indian 
        tribe has executed a lease under paragraph (2) in accordance 
        with tribal regulations approved under paragraph (3), the 
        Indian tribe shall provide to the Secretary--
                    ``(A) a copy of the lease (including all amendments 
                to and renewals of the lease); and
                    ``(B) in the case of a tribal regulation or lease 
                that permits payments for the lease to be made directly 
                to the Indian tribe, documentation of the payments that 
                is sufficient to enable the Secretary to discharge the 
                trust responsibility of the United States under 
                paragraph (5)(B).
            ``(5) Liability and trust responsibility.--
                    ``(A) Liability.--The United States shall not be 
                liable for any loss sustained by any party to a lease 
                approved under paragraph (2) in accordance with tribal 
                regulations approved under paragraph (3) (including any 
                loss by an Indian tribe).
                    ``(B) Trust responsibility.--Nothing in this 
                paragraph diminishes or otherwise affects the authority 
                of the Secretary to take appropriate actions, including 
                the cancellation of a lease, in furtherance of the 
                trust obligation of the United States to an Indian 
                tribe.
            ``(6) Compliance review.--
                    ``(A) In general.--After exhaustion of tribal 
                remedies, any person may submit to the Secretary, in a 
                timely manner, a petition to review compliance of an 
                Indian tribe with tribal regulations of the Indian 
                tribe approved under paragraph (3).
                    ``(B) Action by secretary.--The Secretary shall--
                            ``(i) review compliance of an Indian tribe 
                        described in subparagraph (A); and
                            ``(ii) on completion of the review, if the 
                        Secretary determines that an Indian tribe is 
                        not in compliance with tribal regulations 
                        approved under this subsection, take such 
                        action as is necessary to compel compliance, 
                        including--
                                    ``(I) rescinding a lease approved 
                                under paragraph (2); or
                                    ``(II)(aa) suspending a lease 
                                approved under paragraph (2) until an 
                                Indian tribe is in compliance with 
                                tribal regulations; and
                                    ``(bb) rescinding approval of the 
                                tribal regulations and reassuming the 
                                responsibility for approval of leases 
                                under paragraph (2).
                    ``(C) Compliance.--If the Secretary seeks to compel 
                compliance of an Indian tribe with tribal regulations 
                under subparagraph (B)(ii), the Secretary shall--
                            ``(i) make a written determination that 
                        describes the manner in which the tribal 
                        regulations have been violated;
                            ``(ii) provide the Indian tribe with a 
                        written notice of the violation together with 
                        the written determination; and
                            ``(iii) before taking any action described 
                        in subparagraph (B)(ii) or seeking any other 
                        remedy, provide the Indian tribe with a hearing 
                        and a reasonable opportunity to attain 
                        compliance with the tribal regulations.
            ``(7) Applicability.--This subsection shall not apply to 
        individually owned Indian allotted land.''.




                                                        Calendar No. 99

108th CONGRESS

  1st Session

                                 S. 521

                          [Report No. 108-48]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              May 15, 2003

                       Reported with an amendment