[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8951 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8951

   To empower federally recognized Indian Tribes with the option to 
     designate restricted fee Tribal lands, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 10, 2020

  Mr. Young (for himself and Mr. Cole) introduced the following bill; 
        which was referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To empower federally recognized Indian Tribes with the option to 
     designate restricted fee Tribal lands, 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 ``American Indian Land Empowerment Act 
of 2020''.

SEC. 2. DEFINITIONS.

     In this Act:
            (1) Indian tribe.--The term ``Indian Tribe'' means a 
        federally recognized Indian Tribe.
            (2) Restricted fee status.--The term ``restricted fee 
        status'' means--
                    (A) owned in fee by the Indian Tribe by aboriginal 
                title or conveyance;
                    (B) part of the Indian Tribe's reservation and 
                subject to its jurisdiction, or if the Indian Tribe 
                does not have a reservation, is located within the 
                census-designated place in which the Indian Tribe is 
                headquartered as of the date of enactment of this Act;
                    (C) held by the Indian Tribe subject to a 
                restriction against alienation and taxation and thus 
                may not be sold by the Indian Tribe without the consent 
                of Congress (25 U.S.C. 177);
                    (D) not subject to taxation by a State or local 
                government other than the government of the Indian 
                Tribe, including any activities occurring on the land;
                    (E) not subject to any provision of law providing 
                for the review or approval by the Secretary before the 
                Indian Tribe may use the land for any purpose, directly 
                or through agreement with another party; and
                    (F) not considered as Federal public lands for any 
                purpose, nor subject to any provision of law providing 
                for the review or approval by the Secretary before the 
                Indian Tribe may use the land for any purpose, directly 
                or through agreement with another party.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. TRIBAL OPTION TO DESIGNATE RESTRICTED FEE TRIBAL LANDS.

    (a) Conversion of Tribal Trust or Fee Lands to Restricted Fee Land 
Status.--Notwithstanding any other provision of law, not later than 90 
days after receipt by the Secretary of a written request adopted by the 
governing body of an Indian Tribe, the Secretary shall--
            (1) convey to the Indian Tribe, subject to a restriction 
        imposed by the United States against alienation and taxation, 
        all right, title, and interest held by the United States in 
        land specifically requested by the Indian Tribe which the 
        United States holds in trust for that Indian Tribe; or
            (2) in the case of land owned in fee by an Indian Tribe and 
        located within the Indian Tribe's reservation or, if the Indian 
        Tribe does not have a reservation, located within the census-
        designated place in which the Indian Tribe is headquartered as 
        of the date of enactment of this Act, designate such lands as 
        subject to a restriction imposed by the United States against 
        alienation and taxation.
    (b) Fee to Restricted Fee Process.--If the Secretary has not 
rendered a decision within 90 days of receipt of the Indian Tribe's 
request to convert trust or eligible fee land, the request shall be 
deemed approved and the land shall automatically be considered as owned 
by the Indian Tribe in restricted fee status.
    (c) Land Management.--
            (1) Written request.--An Indian Tribe that submits a 
        written request for the Secretary to convey trust land or 
        eligible fee land under this section to restricted fee status 
        shall specify in the request that either--
                    (A) the Indian Tribe has elected for the Secretary 
                to have responsibility for managing land use; or
                    (B) the Indian Tribe has elected for the Secretary 
                to recognize the Indian Tribe's responsibility for 
                managing land use.
            (2) Transfer.--If the Indian Tribe elects to manage land 
        use, the Secretary shall transfer any Federal land management 
        responsibilities to the Indian Tribe upon conveyance of the 
        restricted fee status.
    (d) Option To Restore Trust Status.--An Indian Tribe that obtains 
restricted fee status to lands by converting trust lands in accordance 
with this section may restore the trust status of the land at its 
option on an expedited basis. Notwithstanding any other provision of 
law, not later than 90 days after receipt by the Secretary of a written 
status restoration request adopted by the governing body of an Indian 
Tribe that received a conveyance of land under this section, the 
Secretary shall take the land into trust for that Indian Tribe. The 
Secretary's trust obligations with regard to the land--
            (1) shall reflect the Secretary's trust obligations when 
        the land was previously in trust;
            (2) shall not be expanded based on any modifications, 
        changes, or contamination on the land that occurred while the 
        land was not in trust; and
            (3) may be reassumed by the Secretary based on 
        circumstances that occur after the land is returned to trust.
    (e) Liability Limitation.--The Federal Government shall not be 
subject to liability arising from modifications, changes, or 
contamination on land returned to trust under subsection (d) that 
occurred while the land was not in trust.
    (f) Allotments Not Affected.--This Act shall be inapplicable to 
trust allotments held by an Indian Tribe or an Indian, unless agreed to 
by the affected Indian Tribe or Indian owner of the allotment.

SEC. 4. ADDITIONAL ATTRIBUTES OF RESTRICTED FEE TRIBAL LANDS.

    (a) Long-Term Leasing.--Notwithstanding the provisions of the Act 
of August 9, 1955 (25 U.S.C. 415; commonly known as the ``Long-Term 
Leasing Act''), an Indian Tribe may lease land subject to a restriction 
imposed by the United States against alienation and taxation, or grant 
an easement or right-of-way thereon, for a period that does not exceed 
99 years without review and approval by the Secretary.
    (b) Tribal Land Management.--Real property law enacted or 
established by an Indian Tribe shall--
            (1) preempt any provision of Federal law or regulation 
        governing the use of such land, except as set forth in this 
        Act;
            (2) be given preemptive effect only upon having been first 
        published in the Federal Register; and
            (3) be published in the Federal Register by the Secretary 
        not later than 120 days after the Secretary receives a copy of 
        the Tribal law from the Indian Tribe.
    (c) Applicability of the Indian Gaming Regulatory Act.--Land 
subject to a restriction imposed by the United States against 
alienation and taxation acquired by an Indian Tribe under the 
provisions of this section shall be treated as trust lands for purposes 
of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).

SEC. 5. RESPONSIBILITIES OF THE SECRETARY RELATING TO RESTRICTED FEE 
              TRIBAL LANDS.

    (a) Trust Responsibility Not Diminished.--Nothing in this section 
shall be construed to diminish the Federal trust responsibility to any 
Indian Tribe.
    (b) Secretary's Trust Responsibility To Protect Restricted Fee 
Tribal Lands.--With respect to restricted fee status lands, the 
Secretary shall enforce the provisions of the Act of June 30, 1834 (25 
U.S.C. 177; 4 Stat. 730), to protect the Indian Tribe's title, 
ownership, tax immunity, and Indian country status of such lands.
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