[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3235 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3235

To amend the Act titled ``An Act to authorize the leasing of restricted 
    Indian lands for public, religious, educational, recreational, 
 residential, business, and other purposes requiring the grant of long-
term leases'', approved August 9, 1955, to provide for Indian tribes to 
   enter into certain leases without prior express approval from the 
                       Secretary of the Interior.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 20, 2010

Mr. Dorgan (for himself, Mr. Johnson, Mr. Tester, and Mr. Udall of New 
    Mexico) introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
To amend the Act titled ``An Act to authorize the leasing of restricted 
    Indian lands for public, religious, educational, recreational, 
 residential, business, and other purposes requiring the grant of long-
term leases'', approved August 9, 1955, to provide for Indian tribes to 
   enter into certain leases without prior express approval from the 
                       Secretary of the Interior.

    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 ``Helping Expedite and Advance 
Responsible Tribal Homeownership Act of 2010'' or the ``HEARTH Act of 
2010''.

SEC. 2. APPROVAL OF, AND REGULATIONS RELATED TO, TRIBAL LEASES.

    The first section of the Act titled ``An Act to authorize the 
leasing of restricted Indian lands for public, religious, educational, 
recreational, residential, business, and other purposes requiring the 
grant of long-term leases'', approved August 9, 1955 (25 U.S.C. 415) is 
amended as follows:
            (1) In subsection (d)--
                    (A) by striking paragraph (2) and inserting the 
                following:
            ``(2) the term `Indian tribe' has the meaning given such 
        term in section 102 of the Federally Recognized Indian Tribe 
        List Act of 1994 (25 U.S.C. 479a);'';
                    (B) in paragraph (3)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``Navajo Indian'';
                            (ii) in subparagraph (A), by striking ``the 
                        Navajo Nation'' and inserting ``an Indian 
                        tribe'';
                            (iii) in subparagraph (B), by striking 
                        ``Navajo Indians or members of another Indian 
                        tribe'' and inserting ``an Indian tribe or a 
                        member of an Indian tribe''; and
                            (iv) in subparagraph (C)(i), by striking 
                        ``Navajo Indian'' and inserting ``member of an 
                        Indian tribe'';
                    (C) in paragraph (4), by striking ``the Navajo 
                Nation'' and inserting ``an applicable Indian tribe'';
                    (D) by striking paragraph (5) and redesignating 
                paragraphs (6), (7), and (8) as paragraphs (5), (6), 
                and (7), respectively;
                    (E) in paragraph (5) (as redesignated), by striking 
                ``the Navajo Nation'' and inserting ``an Indian 
                tribe''; and
                    (F) in paragraph (7) (as redesignated)--
                            (i) by striking ``the Navajo Nation''; and
                            (ii) by striking ``with Navajo Nation law'' 
                        and inserting ``with applicable tribal law''.
            (2) In subsection (e)--
                    (A) by amending the subsection heading to read as 
                follows: ``Approval of Leases--Tribal Discretion.--'';
                    (B) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``Any leases by the Navajo 
                        Nation'' and inserting ``At the discretion of 
                        any Indian tribe, any leases by the applicable 
                        Indian tribe'';
                            (ii) by striking ``except a lease for the 
                        exploration, development, or extraction of any 
                        mineral resources,''; and
                            (iii) in subparagraph (B), by striking 
                        ``Navajo Nation'' and inserting ``applicable 
                        Indian tribe'';
                    (C) in paragraph (2), by striking ``Navajo'';
                    (D) in paragraph (3)--
                            (i) in the second sentence, by inserting 
                        ``, similar to the process established by the 
                        Department of the Interior under the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.)'' after ``process'';
                            (ii) in the third sentence, by striking 
                        ``the regulations of the Navajo Nation'' and 
                        inserting ``such regulations''; and
                            (iii) in the fifth sentence, by striking 
                        ``with the Navajo Nation'' and inserting ``with 
                        the applicable Indian tribe'';
                    (E) in paragraph (4), by striking ``Navajo Nation'' 
                each place it appears and inserting ``applicable Indian 
                tribe'';
                    (F) in paragraph (5)--
                            (i) by striking ``paragraph (1), including 
                        the Navajo Nation.'' and inserting ``paragraph 
                        (1).''; and
                            (ii) by striking the second sentence and 
                        inserting ``Pursuant to the Secretary's 
                        authority to fulfill the trust obligation of 
                        the United States to the applicable Indian 
                        tribe as defined in other statutory or 
                        regulatory authorizations, the Secretary may, 
                        upon reasonable notice from the applicable 
                        Indian tribe and in the discretion of the 
                        Secretary, enforce the provisions of a lease or 
                        cancel a lease.'';
                    (G) in paragraph (6)(A)--
                            (i) by striking ``of the Navajo Nation'' 
                        and inserting ``of the applicable Indian 
                        tribe''; and
                            (ii) by striking ``Navajo Nation tribal'' 
                        and inserting ``tribal''; and
                    (H) in paragraph (6)(B), by striking ``Navajo 
                Nation'' each place it appears and inserting 
                ``applicable Indian tribe''.

SEC. 3. LAND TITLE REPORTS--REVIEW AND REPORT TO CONGRESS.

    Not later than 180 days after funds are made available for this 
section, the Bureau of Indian Affairs shall prepare and submit to the 
Committees on Financial Services and Natural Resources in the House of 
Representatives and the Committees on Banking, Housing, and Urban 
Affairs and Indian Affairs in the Senate a report regarding the history 
and experience of Indian tribes that have chosen to assume 
responsibility for operating the Indian Land Title and Records Office 
(hereafter referred to as the ``LTRO'') functions from the Bureau of 
Indian Affairs. In conducting the review, the Bureau of Indian Affairs 
shall consult with the Department of Housing and Urban Development 
Office of Native American Programs and those Indian tribes that are 
managing LTRO functions (hereafter referred to as the ``managing Indian 
tribes''). The review shall include an analysis of the following 
factors:
            (1) Whether and how tribal management of the LTRO functions 
        has expedited the processing and issuance of Indian land title 
        certifications as compared to when the Bureau of Indian Affairs 
        managed these programs.
            (2) Whether and how tribal management of the LTRO functions 
        has increased home ownership among the managing Indian tribe's 
        population.
            (3) What internal preparations and processes were required 
        of the managing Indian tribes prior to assuming management of 
        the LTRO functions.
            (4) Whether tribal management of the LTRO functions 
        resulting in a transfer of financial resources and manpower 
        from the Bureau of Indian Affairs to the managing Indian tribes 
        and, if so, what transfers were undertaken.
            (5) Whether, in appropriate circumstances and with the 
        approval of geographically proximate Indian tribes, the LTRO 
        functions may be performed by a single Indian tribe or a tribal 
        consortium in a cost effective manner.
                                 <all>