[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1322 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 342
118th CONGRESS
  2d Session
                                S. 1322

                          [Report No. 118-159]

 To amend the Act of August 9, 1955, to modify the authorized purposes 
       and term period of tribal leases, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 26, 2023

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

                             March 12, 2024

               Reported by Mr. Schatz, 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 modify the authorized purposes 
       and term period of tribal leases, 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 ``Unlocking Native Lands and 
Opportunities for Commerce and Key Economic Developments Act of 
2023''.</DELETED>

<DELETED>SEC. 2. MODIFICATION OF TRIBAL LEASES AND RIGHTS-OF-WAY ACROSS 
              INDIAN LAND.</DELETED>

<DELETED>    (a) Extension of Tribal Lease Period.--The first section 
of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415) 
(commonly known as the ``Long-Term Leasing Act''), is amended--
</DELETED>
        <DELETED>    (1) by striking ``That (a)'' and all that follows 
        through the end of subsection (a) and inserting the 
        following:</DELETED>

<DELETED>``SECTION 1. LEASES OF RESTRICTED LAND.</DELETED>

<DELETED>    ``(a) Authorized Purposes; Term; Approval by Secretary.--
</DELETED>
        <DELETED>    ``(1) In general.--Any restricted Indian lands, 
        regardless of whether that land is tribally or individually 
        owned, may be leased by the Indian owner of the land, with the 
        approval of the Secretary, for--</DELETED>
                <DELETED>    ``(A) a public, religious, educational, 
                recreational, residential, business, or grazing 
                purposes; or</DELETED>
                <DELETED>    ``(B) a farming purpose that requires the 
                making of a substantial investment in the improvement 
                of the land for the production of 1 or more specialized 
                crops as determined by the Secretary.</DELETED>
        <DELETED>    ``(2) Inclusions.--A lease under paragraph (1) may 
        include the development or use of natural resources in 
        connection with operations under that lease.</DELETED>
        <DELETED>    ``(3) Term.--</DELETED>
                <DELETED>    ``(A) In general.--Except as provided in 
                subparagraph (B), a lease under paragraph (1) shall be 
                for a term of not more than 99 years, including any 
                renewals.</DELETED>
                <DELETED>    ``(B) Exception for grazing purposes.--A 
                lease under paragraph (1) for grazing purposes may be 
                for a term of not more than 10 years, including any 
                renewals.</DELETED>
        <DELETED>    ``(4) Requirement.--Each lease and renewal under 
        this subsection shall be made in accordance with such terms and 
        regulations as may be prescribed by the Secretary.</DELETED>
        <DELETED>    ``(5) Conditions for approval.--Before the 
        approval of any lease or renewal of an existing lease pursuant 
        to this subsection, the Secretary shall determine that adequate 
        consideration has been given to--</DELETED>
                <DELETED>    ``(A) relationship between the use of the 
                leased lands and the use of neighboring land;</DELETED>
                <DELETED>    ``(B) the height, quality, and safety of 
                any structures or other facilities to be constructed on 
                the leased land;</DELETED>
                <DELETED>    ``(C) the availability of police and fire 
                protection and other services on the leased 
                land;</DELETED>
                <DELETED>    ``(D) the availability of judicial forums 
                for all criminal and civil causes of action arising on 
                the leased land; and</DELETED>
                <DELETED>    ``(E) the effects on the environment of 
                the uses to which the leased lands will be 
                subject.'';</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) by striking ``(b) Any lease'' and 
                inserting the following:</DELETED>
<DELETED>    ``(b) Exception for Secretary Approval.--Any 
lease'';</DELETED>
                <DELETED>    (B) by striking ``of the Interior'' each 
                place it appears; and</DELETED>
                <DELETED>    (C) by striking ``clause (3)'' and 
                inserting ``paragraph'';</DELETED>
        <DELETED>    (3) by redesignating subsections (a), (b), (c), 
        and (d) as subsections (b), (c), (d), and (a), respectively, 
        and moving the subsections so as to appear in alphabetical 
        order; and</DELETED>
        <DELETED>    (4) by striking ``subsection (a)'' each place it 
        appears and inserting ``subsection (b)''.</DELETED>
<DELETED>    (b) Technical Correction.--Section 2 of the Act of August 
9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415a) (commonly known as 
the ``Long-Term Leasing Act''), is amended by inserting ``of the 
Interior'' after ``Secretary'' each place it appears.</DELETED>
<DELETED>    (c) Modification of Rights-of-Way Across Indian Land.--The 
first section of the Act of February 5, 1948 (62 Stat. 17, chapter 45; 
25 U.S.C. 323), is amended--</DELETED>
        <DELETED>    (1) by striking ``That the Secretary of the 
        Interior be, and he is empowered to'' and inserting the 
        following:</DELETED>

<DELETED>``SECTION 1. RIGHTS-OF-WAY FOR ALL PURPOSES ACROSS INDIAN 
              LAND.</DELETED>

<DELETED>    ``(a) Rights-of-Way.--Except as provided in subsection 
(b), the Secretary of the Interior may''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(b) Exception.--A right-of-way granted by an Indian 
tribe for the purposes authorized under this section shall not require 
the approval of the Secretary of the Interior, subject to the condition 
that--</DELETED>
        <DELETED>    ``(1) the right-of-way approval process by the 
        Indian tribe substantially complies with subsection (h) of the 
        first section of the Act of August 9, 1955 (69 Stat. 539, 
        chapter 615; 25 U.S.C. 415(h)); or</DELETED>
        <DELETED>    ``(2) the Indian tribe has tribal regulations 
        approved by the Secretary of the Interior under that 
        subsection.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Unlocking Native Lands and 
Opportunities for Commerce and Key Economic Developments Act of 2023''.

SEC. 2. MODIFICATION OF TRIBAL LEASES AND RIGHTS-OF-WAY ACROSS INDIAN 
              LAND.

    (a) Extension of Tribal Lease Period.--The first section of the Act 
of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415) (commonly 
known as the ``Long-Term Leasing Act''), is amended--
            (1) by striking ``That (a)'' and all that follows through 
        the end of subsection (a) and inserting the following:

``SECTION 1. LEASES OF RESTRICTED LAND.

    ``(a) Authorized Purposes; Term; Approval by Secretary.--
            ``(1) In general.--Any restricted Indian lands, regardless 
        of whether that land is tribally or individually owned, may be 
        leased by the Indian owner of the land, with the approval of 
        the Secretary, for--
                    ``(A) a public, religious, educational, 
                recreational, residential, business, or grazing 
                purposes; or
                    ``(B) a farming purpose that requires the making of 
                a substantial investment in the improvement of the land 
                for the production of 1 or more specialized crops as 
                determined by the Secretary.
            ``(2) Inclusions.--A lease under paragraph (1) may include 
        the development or use of natural resources in connection with 
        operations under that lease.
            ``(3) Term.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a lease under paragraph (1) shall be 
                for a term of not more than 99 years, including any 
                renewals.
                    ``(B) Exception for grazing purposes.--A lease 
                under paragraph (1) for grazing purposes may be for a 
                term of not more than 10 years, including any renewals.
            ``(4) Requirement.--Each lease and renewal under this 
        subsection shall be made in accordance with such terms and 
        regulations as may be prescribed by the Secretary.
            ``(5) Conditions for approval.--Before the approval of any 
        lease or renewal of an existing lease pursuant to this 
        subsection, the Secretary shall determine that adequate 
        consideration has been given to--
                    ``(A) relationship between the use of the leased 
                lands and the use of neighboring land;
                    ``(B) the height, quality, and safety of any 
                structures or other facilities to be constructed on the 
                leased land;
                    ``(C) the availability of police and fire 
                protection and other services on the leased land;
                    ``(D) the availability of judicial forums for all 
                criminal and civil causes of action arising on the 
                leased land; and
                    ``(E) the effects on the environment of the uses to 
                which the leased lands will be subject.'';
            (2) in subsection (b)--
                    (A) by striking ``(b) Any lease'' and inserting the 
                following:
    ``(b) Exception for Secretary Approval.--Any lease'';
                    (B) by striking ``of the Interior'' each place it 
                appears; and
                    (C) by striking ``clause (3)'' and inserting 
                ``paragraph'';
            (3) by redesignating subsections (a), (b), (c), and (d) as 
        subsections (b), (c), (d), and (a), respectively, and moving 
        the subsections so as to appear in alphabetical order;
            (4) by striking ``subsection (a)'' each place it appears 
        and inserting ``subsection (b)''; and
            (5) in subsection (h)(1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``and the term of the lease does not exceed--
                '' and inserting a period; and
                    (B) by striking subparagraphs (A) and (B).
    (b) Technical Correction.--Section 2 of the Act of August 9, 1955 
(69 Stat. 539, chapter 615; 25 U.S.C. 415a) (commonly known as the 
``Long-Term Leasing Act''), is amended by inserting ``of the Interior'' 
after ``Secretary'' each place it appears.
    (c) Modifications of Rights-of-way Across Indian Land.--The Act of 
February 5, 1948 (62 Stat. 17, chapter 45), is amended--
            (1) in the first section (62 Stat. 17, chapter 45; 25 
        U.S.C. 323), by striking ``That the Secretary of the Interior 
        be, and he is hereby, empowered to'' and inserting the 
        following:

``SECTION 1. RIGHTS-OF-WAY FOR ALL PURPOSES ACROSS INDIAN LAND.

    ``(a) Rights-of-Way.--The Secretary of the Interior may'';
            (2) in section 2 (62 Stat. 18, chapter 45; 25 U.S.C. 324), 
        by striking ``organized under the Act of June 18, 1934 (48 
        Stat. 984), as amended; the Act of May 1, 1936 (49 Stat. 1250); 
        or the Act of June 26, 1936 (49 Stat. 1967),''; and
            (3) by adding at the end the following:

``SEC. 8. TRIBAL GRANTS OF RIGHTS-OF-WAY.

    ``(a) Rights-of-way.--
            ``(1) In general.--Subject to paragraph (2), an Indian 
        tribe may grant a right-of-way over and across the Tribal land 
        of the Indian tribe for any purpose.
            ``(2) Authority.--A right-of-way granted under paragraph 
        (1) shall not require the approval of the Secretary of the 
        Interior or a grant by the Secretary of the Interior under the 
        section 1 if the right-of-way granted under paragraph (1) is 
        executed in accordance with a Tribal regulation approved by the 
        Secretary of the Interior under subsection (b).
    ``(b) Review of Tribal Regulations.--
            ``(1) Tribal regulation submission and approval.--
                    ``(A) Submission.--An Indian tribe seeking to grant 
                a right-of-way under subsection (a) shall submit for 
                approval a Tribal regulation governing the granting of 
                rights-of-way over and across the Tribal land of the 
                Indian tribe.
                    ``(B) Approval.--Subject to paragraph (2), the 
                Secretary of the Interior shall have the authority to 
                approve or disapprove any Tribal regulation submitted 
                under subparagraph (A).
            ``(2) Considerations for approval.--
                    ``(A) In general.--The Secretary of the Interior 
                shall approve a Tribal regulation submitted under 
                paragraph (1)(A), if the Tribal regulation--
                            ``(i) is consistent with any regulations 
                        (or successor regulations) issued by the 
                        Secretary of the Interior under section 4;
                            ``(ii) provides for an environmental review 
                        process that includes--
                                    ``(I) the identification and 
                                evaluation of any significant impacts 
                                the proposed action may have on the 
                                environment; and
                                    ``(II) a process for ensuring--
                                            ``(aa) that 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 under 
                                        subclause (I); and
                                            ``(bb) the Indian tribe 
                                        provides a response to each 
                                        relevant and substantive public 
                                        comment on the significant 
                                        environmental impacts 
                                        identified by the Indian tribe 
                                        under subclause (I) before the 
                                        Indian tribe approves the 
                                        right-of-way.
                    ``(B) Statutory exemptions.--The Secretary of the 
                Interior, in making an approval decision under this 
                subsection, shall not be subject to--
                            ``(i) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.);
                            ``(ii) section 306108 of title 54, United 
                        States Code; or
                            ``(iii) the Endangered Species Act of 1973 
                        (16 U.S.C. 1531 et seq.).
            ``(3) Review process.--
                    ``(A) In general.--Not later than 180 days after 
                the date on which the Indian tribe submits a Tribal 
                regulation to the Secretary of the Interior under 
                paragraph (1)(A), the Secretary of the Interior shall--
                            ``(i) review the Tribal regulation;
                            ``(ii) approve or disapprove the Tribal 
                        regulation; and
                            ``(iii) notify the Indian tribe that 
                        submitted the Tribal regulation of the approval 
                        or disapproval.
                    ``(B) Written documentation.--If the Secretary of 
                the Interior disapproves a Tribal regulation submitted 
                under paragraph (1)(A), the Secretary of the Interior 
                shall include with the disapproval notification under 
                subparagraph (A)(iii) written documentation describing 
                the basis for the disapproval.
                    ``(C) Extension.--The Secretary of the Interior 
                may, after consultation with the Indian tribe that 
                submitted a Tribal regulation under paragraph (1)(A), 
                extend the 180-day period described in subparagraph 
                (A).
            ``(4) Federal environmental review.--Notwithstanding 
        paragraphs (2) and (3), if an Indian tribe carries out a 
        project or activity funded by a Federal agency, the Indian 
        tribe may rely on the environmental review process of the 
        applicable Federal agency rather than any Tribal environmental 
        review process required under this subsection.
    ``(c) Documentation.--An Indian tribe granting a right-of-way under 
subsection (a) shall provide to the Secretary of the Interior--
            ``(1) a copy of the right-of-way, including any amendments 
        or renewals; and
            ``(2) if the right-of-way allows for compensation to be 
        made directly to the Indian tribe, documentation of payments 
        that are sufficient, as determined by the Secretary of the 
        Interior, as to enable the Secretary of the Interior to 
        discharge the trust responsibility of the United States under 
        subsection (d).
    ``(d) Trust Responsibility.--
            ``(1) In general.--The United States shall not be liable 
        for losses sustained by any party to a right-of-way granted 
        under subsection (a).
            ``(2) Authority of the secretary.--
                    ``(A) In general.--Pursuant to the authority of the 
                Secretary of the Interior to fulfill the trust 
                obligation of the United States to the applicable 
                Indian tribe under Federal law (including regulations), 
                the Secretary of the Interior may, on reasonable notice 
                from the applicable Indian tribe and at the discretion 
                of the Secretary of the Interior, enforce the 
                provisions of, or cancel, any right-of-way granted by 
                the Indian tribe under subsection (a).
                    ``(B) Authority.--The enforcement or cancellation 
                of a right-of-way under subparagraph (A) shall be 
                conducted using regulatory procedures issued under 
                section 6.
    ``(e) Compliance.--
            ``(1) In general.--An interested party, after exhaustion of 
        any applicable Tribal remedies, may submit a petition to the 
        Secretary of the Interior, at such time and in such form as 
        determined by the Secretary of the Interior, to review the 
        compliance of an applicable Indian tribe with a Tribal 
        regulation approved by the Secretary of the Interior under 
        subsection (b).
            ``(2) Violations.--If the Secretary of the Interior 
        determines that a Tribal regulation was violated after 
        conducting a review under paragraph (1), the Secretary of the 
        Interior may take any action the Secretary of the Interior 
        determines to be necessary to remedy the violation, including 
        rescinding the approval of the Tribal regulation and reassuming 
        responsibility for approving rights-of-way through the trust 
        land of the applicable Indian tribe.
            ``(3) Documentation.--If the Secretary of the Interior 
        determines that a Tribal regulation was violated after 
        conducting a review under paragraph (1), the Secretary of the 
        Interior shall--
                    ``(A) provide written documentation, with respect 
                to the Tribal regulation that has been violated, to the 
                appropriate interested party and Indian tribe;
                    ``(B) provide the applicable Indian tribe with a 
                written notice of the alleged violation; and
                    ``(C) prior to the exercise of any remedy, 
                including rescinding the approval for the applicable 
                Tribal regulation or reassuming responsibility for 
                approving rights-of-way through the trust land of the 
                applicable Indian tribe, provide the applicable Indian 
                tribe with--
                            ``(i) a hearing that is on the record; and
                            ``(ii) a reasonable opportunity to cure the 
                        alleged violation.
    ``(f) Savings Clause.--Nothing in this section affects the 
application of any Tribal regulations issued under Federal 
environmental law.
    ``(g) Effect of Tribal Regulations.--An approved Tribal regulation 
under subsection (b) shall not preclude an Indian tribe from, in the 
discretion of the Indian tribe, consenting to the grant of a right-of-
way by the Secretary of the Interior under the section 1.
    ``(h) Terms of Right-of-way.--The compensation for, and terms of, a 
right-of-way granted under subsection (a) will be determined by--
            ``(1) negotiations by the Indian tribe; or
            ``(2) the regulations of the Indian tribe.
    ``(i) Jurisdiction.--The grant of a right-of-way under subsection 
(a) does not waive the sovereign immunity of the Indian tribe or 
diminish the jurisdiction of that Indian tribe over the Tribal land 
subject to the right-of-way, unless otherwise provided in--
            ``(1) the grant of the right-of-way; or
            ``(2) the regulations of the Indian tribe.''.
                                                       Calendar No. 342

118th CONGRESS

  2d Session

                                S. 1322

                          [Report No. 118-159]

_______________________________________________________________________

                                 A BILL

 To amend the Act of August 9, 1955, to modify the authorized purposes 
       and term period of tribal leases, and for other purposes.

_______________________________________________________________________

                             March 12, 2024

                       Reported with an amendment