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

                                                       Calendar No. 719
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, Mr. Udall of New 
    Mexico, Mr. Baucus, Mr. Bingaman, and Mr. Dodd) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Indian Affairs

                           December 20, 2010

               Reported by Mr. Dorgan, with an amendment
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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)--
                <DELETED>    (A) by striking paragraph (2) and 
                inserting the following:</DELETED>
        <DELETED>    ``(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);'';</DELETED>
                <DELETED>    (B) in paragraph (3)--</DELETED>
                        <DELETED>    (i) in the matter preceding 
                        subparagraph (A), by striking ``Navajo 
                        Indian'';</DELETED>
                        <DELETED>    (ii) in subparagraph (A), by 
                        striking ``the Navajo Nation'' and inserting 
                        ``an Indian tribe'';</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (iv) in subparagraph (C)(i), by 
                        striking ``Navajo Indian'' and inserting 
                        ``member of an Indian tribe'';</DELETED>
                <DELETED>    (C) in paragraph (4), by striking ``the 
                Navajo Nation'' and inserting ``an applicable Indian 
                tribe'';</DELETED>
                <DELETED>    (D) by striking paragraph (5) and 
                redesignating paragraphs (6), (7), and (8) as 
                paragraphs (5), (6), and (7), respectively;</DELETED>
                <DELETED>    (E) in paragraph (5) (as redesignated), by 
                striking ``the Navajo Nation'' and inserting ``an 
                Indian tribe''; and</DELETED>
                <DELETED>    (F) in paragraph (7) (as redesignated)--
                </DELETED>
                        <DELETED>    (i) by striking ``the Navajo 
                        Nation''; and</DELETED>
                        <DELETED>    (ii) by striking ``with Navajo 
                        Nation law'' and inserting ``with applicable 
                        tribal law''.</DELETED>
        <DELETED>    (2) In subsection (e)--</DELETED>
                <DELETED>    (A) by amending the subsection heading to 
                read as follows: ``Approval of Leases--Tribal 
                Discretion.--'';</DELETED>
                <DELETED>    (B) in paragraph (1)--</DELETED>
                        <DELETED>    (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'';</DELETED>
                        <DELETED>    (ii) by striking ``except a lease 
                        for the exploration, development, or extraction 
                        of any mineral resources,''; and</DELETED>
                        <DELETED>    (iii) in subparagraph (B), by 
                        striking ``Navajo Nation'' and inserting 
                        ``applicable Indian tribe'';</DELETED>
                <DELETED>    (C) in paragraph (2), by striking 
                ``Navajo'';</DELETED>
                <DELETED>    (D) in paragraph (3)--</DELETED>
                        <DELETED>    (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'';</DELETED>
                        <DELETED>    (ii) in the third sentence, by 
                        striking ``the regulations of the Navajo 
                        Nation'' and inserting ``such regulations''; 
                        and</DELETED>
                        <DELETED>    (iii) in the fifth sentence, by 
                        striking ``with the Navajo Nation'' and 
                        inserting ``with the applicable Indian 
                        tribe'';</DELETED>
                <DELETED>    (E) in paragraph (4), by striking ``Navajo 
                Nation'' each place it appears and inserting 
                ``applicable Indian tribe'';</DELETED>
                <DELETED>    (F) in paragraph (5)--</DELETED>
                        <DELETED>    (i) by striking ``paragraph (1), 
                        including the Navajo Nation.'' and inserting 
                        ``paragraph (1).''; and</DELETED>
                        <DELETED>    (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.'';</DELETED>
                <DELETED>    (G) in paragraph (6)(A)--</DELETED>
                        <DELETED>    (i) by striking ``of the Navajo 
                        Nation'' and inserting ``of the applicable 
                        Indian tribe''; and</DELETED>
                        <DELETED>    (ii) by striking ``Navajo Nation 
                        tribal'' and inserting ``tribal''; 
                        and</DELETED>
                <DELETED>    (H) in paragraph (6)(B), by striking 
                ``Navajo Nation'' each place it appears and inserting 
                ``applicable Indian tribe''.</DELETED>
                    (A) in paragraph (4), by striking ``the Navajo 
                Nation'' and inserting ``an applicable Indian tribe'';
                    (B) in paragraph (6), by striking ``the Navajo 
                Nation'' and inserting ``an Indian tribe'';
                    (C) in paragraph (7), by striking ``and'' after the 
                semicolon at the end;
                    (D) in paragraph (8)--
                            (i) by striking ``the Navajo Nation'';
                            (ii) by striking ``with Navajo Nation law'' 
                        and inserting ``with applicable tribal law''; 
                        and
                            (iii) by striking the period at the end and 
                        inserting a semicolon; and
                    (E) by adding at the end the following:
            ``(9) 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); and
            ``(10) the term `individually owned allotted land' means a 
        parcel of land that--
                    ``(A)(i) is located within the jurisdiction of an 
                Indian tribe; or
                    ``(ii) is held in trust or restricted status by the 
                United States for the benefit of an Indian tribe or a 
                member of an Indian tribe; and
                    ``(B) is allotted to a member of an Indian 
                tribe.''.
            (2) By adding at the end the following:
    ``(h) Tribal Approval of Leases.--
            ``(1) In general.--At the discretion of any Indian tribe, 
        any lease by the Indian tribe for the purposes authorized under 
        subsection (a) (including any amendments to 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 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 
                regulations issued by the Indian tribe.
            ``(2) Allotted land.--Paragraph (1) shall not apply to any 
        lease of individually owned Indian allotted land.
            ``(3) Authority of secretary over tribal regulations.--
                    ``(A) In general.--The Secretary shall have the 
                authority to approve or disapprove any tribal 
                regulations issued in accordance with paragraph (1).
                    ``(B) Considerations for approval.--The Secretary 
                shall approve any tribal regulation issued in 
                accordance with paragraph (1), if the tribal 
                regulations--
                            ``(i) are consistent with any regulations 
                        issued by the Secretary under subsection (a) 
                        (including any amendments to the subsection or 
                        regulations); and
                            ``(ii) provide for an environmental review 
                        process that includes--
                                    ``(I) the identification and 
                                evaluation of any significant effects 
                                of the proposed action on the 
                                environment; and
                                    ``(II) a process for ensuring 
                                that--
                                            ``(aa) 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; and
                                            ``(bb) the Indian tribe 
                                        provides responses to relevant 
                                        and substantive public comments 
                                        on any such impacts before the 
                                        Indian tribe approves the 
                                        lease.
            ``(4) Review process.--
                    ``(A) In general.--Not later than 120 days after 
                the date on which the tribal regulations described in 
                paragraph (1) are submitted to the Secretary, the 
                Secretary shall review and approve or disapprove the 
                regulations.
                    ``(B) Written documentation.--If the Secretary 
                disapproves the tribal regulations described in 
                paragraph (1), the Secretary shall include written 
                documentation with the disapproval notification that 
                describes the basis for the disapproval.
                    ``(C) Extension.--The deadline described in 
                subparagraph (A) may be extended by the Secretary, 
                after consultation with the Indian tribe.
            ``(5) Federal environmental review.--Notwithstanding 
        paragraphs (3) and (4), if an Indian tribe carries out a 
        project or activity funded by a Federal agency, the Indian 
        tribe shall have the authority to rely on the environmental 
        review process of the applicable Federal agency rather than any 
        tribal environmental review process under this subsection.
            ``(6) Documentation.--If an Indian tribe executes a lease 
        pursuant to tribal regulations under paragraph (1), the Indian 
        tribe shall provide the Secretary with--
                    ``(A) a copy of the lease, including any amendments 
                or renewals to the lease; and
                    ``(B) in the case of tribal regulations or a lease 
                that allows for lease payments to be made directly to 
                the Indian tribe, documentation of the lease payments 
                that are sufficient to enable the Secretary to 
                discharge the trust responsibility of the United States 
                under paragraph (7).
            ``(7) Trust responsibility.--
                    ``(A) In general.--The United States shall not be 
                liable for losses sustained by any party to a lease 
                executed pursuant to tribal regulations under paragraph 
                (1).
                    ``(B) Authority of secretary.--Pursuant to the 
                authority of the Secretary to fulfill the trust 
                obligation of the United States to the applicable 
                Indian tribe under Federal law (including regulations), 
                the Secretary may, upon reasonable notice from the 
                applicable Indian tribe and at the discretion of the 
                Secretary, enforce the provisions of, or cancel, any 
                lease executed by the Indian tribe under paragraph (1).
            ``(8) Compliance.--
                    ``(A) In general.--An interested party, after 
                exhausting of any applicable tribal remedies, may 
                submit a petition to the Secretary, at such time and in 
                such form as the Secretary determines to be 
                appropriate, to review the compliance of the applicable 
                Indian tribe with any tribal regulations approved by 
                the Secretary under this subsection.
                    ``(B) Violations.--If, after carrying out a review 
                under subparagraph (A), the Secretary determines that 
                the tribal regulations were violated, the Secretary may 
                take any action the Secretary determines to be 
                necessary to remedy the violation, including rescinding 
                the approval of the tribal regulations and reassuming 
                responsibility for the approval of leases of tribal 
                trust lands.
                    ``(C) Documentation.--If the Secretary determines 
                that a violation of the tribal regulations has occurred 
                and a remedy is necessary, the Secretary shall--
                            ``(i) make a written determination with 
                        respect to the regulations that have been 
                        violated;
                            ``(ii) provide the applicable Indian tribe 
                        with a written notice of the alleged violation 
                        together with such written determination; and
                            ``(iii) prior to the exercise of any 
                        remedy, the rescission of the approval of the 
                        regulation involved, or the reassumption of 
                        lease approval responsibilities, provide the 
                        applicable Indian tribe with--
                                    ``(I) a hearing that is on the 
                                record; and
                                    ``(II) a reasonable opportunity to 
                                cure the alleged violation.
            ``(9) Savings clause.--Nothing in this subsection shall 
        affect subsection (e) or any tribal regulations issued under 
        that subsection.''.

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.
                                                       Calendar No. 719

111th CONGRESS

  2d Session

                                S. 3235

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           December 20, 2010

                       Reported with an amendment