[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1879 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1879

 To improve processes in the Department of the Interior, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 28, 2015

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

_______________________________________________________________________

                                 A BILL


 
 To improve processes in the Department of the Interior, 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 ``Interior Improvement Act''.

SEC. 2. DEFINITIONS.

    (a) In General.--The first sentence of section 19 of the Act of 
June 18, 1934 (commonly known as the ``Indian Reorganization Act'') (25 
U.S.C. 479), is amended--
            (1) by striking ``The term'' and inserting ``Effective 
        beginning on June 18, 1934, the term''; and
            (2) by striking ``any recognized Indian tribe now under 
        Federal jurisdiction'' and inserting ``any federally recognized 
        Indian tribe''.
    (b) Retroactive Protection.--To the extent a trust acquisition by 
the Secretary of the Interior pursuant to the Act of June 18, 1934 
(commonly known as the ``Indian Reorganization Act'') (25 U.S.C. 461 et 
seq.), is subjected to a challenge based on whether an Indian tribe was 
federally recognized or under Federal jurisdiction on June 18, 1934, 
that acquisition is ratified and confirmed.

SEC. 3. LAND ACQUISITION APPLICATIONS.

    The Act of June 18, 1934 (commonly known as the ``Indian 
Reorganization Act''), is amended by inserting after section 5 (25 
U.S.C. 465) the following:

``SEC. 5A. LAND ACQUISITION APPLICATIONS.

    ``(a) Definitions.--In this section:
            ``(1) Applicant.--The term `applicant' means an Indian 
        tribe or individual Indian (as defined in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450b)) who submits an application under subsection (b).
            ``(2) Application.--The term `application' means an 
        application submitted to the Department by an Indian tribe or 
        individual Indian under subsection (b).
            ``(3) Contiguous.--The term `contiguous'--
                    ``(A) means 2 parcels of land having a common 
                boundary, notwithstanding the existence of non-
                navigable waters or a public road or right-of-way; and
                    ``(B) includes parcels that touch at a point.
            ``(4) Contiguous jurisdiction.--The term `contiguous 
        jurisdiction' means any county, county equivalent, or Indian 
        tribe with authority and control over the land contiguous to 
        the land under consideration in an application.
            ``(5) County and county equivalent.--The terms `county' and 
        `county equivalent' mean the largest territorial division for 
        local government within a State with the authority to enter 
        into enforceable cooperative agreements with Indian tribes or 
        individual Indians, as appropriate.
            ``(6) Department.--The term `Department' means the 
        Department of the Interior.
            ``(7) Economic impact.--The term `economic impact' means 
        any anticipated costs associated with the development of or 
        activity on the land under consideration in an application, 
        including associated costs to a contiguous jurisdiction for 
        utilities, public works, public safety, roads, maintenance, and 
        other public service costs.
            ``(8) Final decision.--The term `final decision' means a 
        decision that is final for the Department, as determined or 
        defined by the Secretary.
            ``(9) 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).
            ``(10) Secretary.--The term `Secretary' means the Secretary 
        of the Interior.
    ``(b) Applications.--
            ``(1) In general.--An Indian tribe or individual Indian 
        seeking to have off-reservation fee or restricted land taken 
        into trust for the benefit of that Indian tribe or individual 
        Indian shall submit an application to the Secretary at such 
        time, in such manner, and containing such information as this 
        section and the Secretary require.
            ``(2) Requirements.--The Secretary may approve complete 
        applications described in paragraph (1) on a discretionary 
        basis, subject to the condition that the application includes--
                    ``(A) a written request for approval of a trust 
                acquisition by the United States for the benefit of the 
                applicant;
                    ``(B) the legal name of the applicant, including, 
                in the case of an applicant that is an Indian tribe, 
                the tribal name of the applicant as the name appears in 
                the list of recognized Indian tribes published by the 
                Secretary in the Federal Register pursuant to section 
                104 of the Federally Recognized Indian Tribe List Act 
                of 1994 (25 U.S.C. 479a-1);
                    ``(C) a legal description of the land to be 
                acquired;
                    ``(D) a description of the need for the proposed 
                acquisition of the property;
                    ``(E) a description of the purpose for which the 
                property is to be used;
                    ``(F) a legal instrument to verify current 
                ownership, such as a deed;
                    ``(G) statutory authority for the proposed 
                acquisition of the property;
                    ``(H) a business plan for management of the land to 
                be acquired, if the application is for business 
                purposes;
                    ``(I) the location of the land to be acquired 
                relative to State and reservation boundaries; and
                    ``(J) a copy of any cooperative agreement between 
                the applicant and a contiguous jurisdiction.
            ``(3) Final decision.--After considering an application 
        described in this subsection and in accordance with subsection 
        (c) and any other applicable Federal law or regulation, a final 
        decision to approve or deny the completed application shall be 
        issued.
    ``(c) Statutory Notice and Comment Requirements.--
            ``(1) Notice and comment requirements for initial 
        applications.--
                    ``(A) Notice.--
                            ``(i) In general.--Not later than 30 days 
                        after the date on which the Secretary receives 
                        an initial application, the Secretary shall 
                        make that application, whether complete or 
                        incomplete, available to the public on the 
                        website of the Department, subject to 
                        applicable Federal privacy laws.
                            ``(ii) Additional notice requirement.--Not 
                        later than 30 days after the date on which the 
                        Secretary receives an initial application, the 
                        Secretary shall provide by certified mail 
                        notice of the application to contiguous 
                        jurisdictions.
                    ``(B) Comment.--Each contiguous jurisdiction 
                notified under subparagraph (A)(ii) shall have not 
                fewer than 30 days, beginning on the date that the 
                contiguous jurisdiction receives the notice, to comment 
                on that initial application.
            ``(2) Notice requirement for any application update, 
        modification, or withdrawal.--
                    ``(A) In general.--If at any time an application is 
                updated, modified, or withdrawn, not later than 5 days 
                after the date on which the Secretary receives notice 
                of that update, modification, or withdrawal, the 
                Secretary shall make that information available to the 
                public on the website of the Department, subject to any 
                applicable Federal privacy laws.
                    ``(B) Inclusion.--If an application has been 
                updated or modified in any way, the notice described in 
                subparagraph (A) shall include a description of the 
                changes made and the updated or modified application, 
                whether complete or incomplete, available on the 
                website of the Department, subject to any applicable 
                Federal privacy laws.
            ``(3) Notice and comment requirements for completed 
        applications.--
                    ``(A) Notice.--
                            ``(i) In general.--Not later than 30 days 
                        after the date on which the Secretary receives 
                        a completed application, the Secretary shall 
                        make that application available to the public 
                        on the website of the Department, subject to 
                        any applicable Federal privacy laws.
                            ``(ii) Additional notice requirements.--Not 
                        later than 30 days after the date on which the 
                        Secretary receives a completed application, the 
                        Secretary shall provide by certified mail 
                        notice of the application to contiguous 
                        jurisdictions.
                            ``(iii) Publication in federal register.--
                        Not later than 5 days after the date on which 
                        the Secretary receives a completed application, 
                        the Secretary shall publish in the Federal 
                        Register notice of the completed application.
                    ``(B) Comment.--Contiguous jurisdictions shall have 
                not fewer than 30 days, beginning on the date on which 
                the contiguous jurisdiction receives notice under 
                subparagraph (A)(ii), to comment on that completed 
                application.
            ``(4) Notice of decision.--
                    ``(A) In general.--Not later than 5 days after a 
                final decision to approve or deny an application is 
                issued, the Secretary shall issue a notice of decision 
                and make the notice of decision available to the public 
                on the website of the Department.
                    ``(B) Publication in federal register.--Not later 
                than 5 days after a final decision to approve or deny 
                an application is issued, the Secretary shall publish 
                in the Federal Register the notice of decision 
                described in subparagraph (A).
    ``(d) Encouraging Local Cooperation.--
            ``(1) In general.--The Secretary shall encourage, but may 
        not require, applicants to enter into cooperative agreements 
        with contiguous jurisdictions.
            ``(2) Cooperative agreements.--
                    ``(A) In general.--The Secretary shall give weight 
                and preference to an application with a cooperative 
                agreement described in paragraph (1).
                    ``(B) Terms of agreement.--A cooperative agreement 
                described in paragraph (1) may include terms relating 
                to mitigation, changes in land use, dispute resolution, 
                fees, and other terms determined by the parties to be 
                appropriate.
                    ``(C) Submission of cooperative agreement.--
                            ``(i) In general.--If an applicant submits 
                        to the Secretary a cooperative agreement or 
                        multiple cooperative agreements executed 
                        between the applicant and contiguous 
                        jurisdictions, the Secretary shall issue a 
                        final decision to approve or deny a complete 
                        application not later than--
                                    ``(I) 60 days after the date of 
                                completion of the review process under 
                                the National Environmental Policy Act 
                                of 1969 (42 U.S.C. 4321 et seq.) 
                                described in clause (ii); or
                                    ``(II) if that review process is 
                                not applicable, 30 days after the date 
                                on which a complete application is 
                                received by the Secretary.
                            ``(ii) Timeline.--Completion of the review 
                        process under the National Environmental Policy 
                        Act of 1969 (42 U.S.C. 4321 et seq.) described 
                        in clause (i) may refer to--
                                    ``(I) the issuance of a categorical 
                                exclusion determination in accordance 
                                with section 6.204 of title 40, Code of 
                                Federal Regulations (or successor 
                                regulations);
                                    ``(II) an environmental assessment 
                                finding of no significant impact in 
                                accordance with section 6.206 of title 
                                40, Code of Federal Regulations (or 
                                successor regulations); or
                                    ``(III) the issuance of a record of 
                                decision in accordance with section 
                                6.208 of title 40, Code of Federal 
                                Regulations (or successor regulations).
                            ``(iii) Effect of failure to issue timely 
                        final decision.--If the Secretary fails to 
                        issue a final decision by the date described in 
                        clause (i), the application shall be--
                                    ``(I) deemed approved on an 
                                automatic basis; and
                                    ``(II) treated as a final decision.
                    ``(D) Cooperative agreement not submitted.--
                            ``(i) In general.--If an applicant does not 
                        submit to the Secretary a cooperative agreement 
                        executed between the applicant and contiguous 
                        jurisdictions, the Secretary shall issue a 
                        written determination of mitigation by the date 
                        that is not later than 30 days after a complete 
                        application is received by the Secretary, which 
                        shall--
                                    ``(I) describe whether any economic 
                                impacts on contiguous jurisdictions 
                                have been mitigated to the extent 
                                practicable; and
                                    ``(II) explain the basis of that 
                                determination.
                            ``(ii) Determination of mitigation.--The 
                        Secretary shall consider a determination of 
                        mitigation in making a final decision to 
                        approve or deny an application, but that 
                        determination shall not halt or unduly delay 
                        the regular processing of an application.
                            ``(iii) Considerations.--In making a 
                        determination of mitigation described in clause 
                        (i), the Secretary shall take into 
                        consideration--
                                    ``(I) the anticipated economic 
                                impact of approving an application on 
                                contiguous jurisdictions; and
                                    ``(II) whether the absence of a 
                                cooperative agreement is attributable 
                                to the failure of any contiguous 
                                jurisdiction to work in good faith to 
                                reach an agreement with the applicant.
                            ``(iv) Notice.--The Secretary shall provide 
                        by certified mail a copy of the determination 
                        of mitigation described in clause (i) to the 
                        applicant and contiguous jurisdictions not less 
                        than 5 days after a determination of mitigation 
                        is issued.
                            ``(v) Good faith protection.--Failure to 
                        submit a cooperative agreement shall not 
                        prejudice an application if the Secretary 
                        determines that the failure to submit is 
                        attributable to the failure of any contiguous 
                        jurisdiction to work in good faith to reach an 
                        agreement.
            ``(3) Reciprocal notice and comment.--The Secretary shall 
        also encourage contiguous jurisdictions to engage in local 
        cooperation through reciprocal notice and comment procedures, 
        particularly with regard to changes in land use.
    ``(e) Implementation.--
            ``(1) Consultation.--Not later than 60 days after the date 
        of enactment of this section, the Secretary shall initiate 
        consultation with Indian tribes regarding the implementation of 
        this section.
            ``(2) Summary.--Not later than 180 days after the date on 
        which the consultation described in paragraph (1) is initiated, 
        the Secretary shall issue a summary of the consultation and the 
        summary shall be published in the Federal Register.
            ``(3) Rulemaking.--Not later than 60 days after the date on 
        which the summary described in paragraph (2) is published in 
        the Federal Register, the Secretary shall, through a rulemaking 
        under section 553 of title 5, United States Code, modify 
        existing regulations, guidance, rules, and policy statements, 
        as necessary to carry out this section.
    ``(f) Judicial Review.--
            ``(1) In general.--An applicant or contiguous jurisdiction 
        may seek review of a final decision.
            ``(2) Administrative review.--An applicant or contiguous 
        jurisdiction may seek review in a United States district court 
        only after exhausting all available administrative remedies.''.

SEC. 4. EFFECT.

    (a) Other Land Determinations.--Nothing in this Act (or an 
amendment made by this Act) impacts any other Federal Indian land 
determination.
    (b) Effect on Other Laws.--Nothing in this Act (or the amendments 
made by this Act) affects--
            (1) the application or effect of any Federal law other than 
        the Act of June 18, 1934 (25 U.S.C. 461 et seq.); or
            (2) any limitation on the authority of the Secretary of the 
        Interior under any Federal law or regulation other than the Act 
        of June 18, 1934 (25 U.S.C. 461 et seq.).
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