[Senate Hearing 118-105]
[From the U.S. Government Publishing Office]



                                                        S. Hrg. 118-105

                       S. 195, S. 382 AND S. 1322

=======================================================================

                                HEARING

                               before the

                      COMMITTEE ON INDIAN AFFAIRS
                          UNITED STATES SENATE

                    ONE HUNDRED EIGHTEENTH CONGRESS

                             FIRST SESSION

                               __________

                              MAY 3, 2023
                               __________



         Printed for the use of the Committee on Indian Affairs






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                               ______
                                 

                 U.S. GOVERNMENT PUBLISHING OFFICE

53-481 PDF                WASHINGTON : 2023
















                      COMMITTEE ON INDIAN AFFAIRS

                     BRIAN SCHATZ, Hawaii, Chairman
                 LISA MURKOWSKI, Alaska, Vice Chairman
MARIA CANTWELL, Washington           JOHN HOEVEN, North Dakota
JON TESTER, Montana                  STEVE DAINES, Montana
CATHERINE CORTEZ MASTO, Nevada       MARKWAYNE MULLIN, Oklahoma
TINA SMITH, Minnesota                MIKE ROUNDS, South Dakota
BEN RAY LUJAN, New Mexico
       Jennifer Romero, Majority Staff Director and Chief Counsel
                  Amber Ebarb, Minority Staff Director








                            C O N T E N T S

                              ----------                              
                                                                   Page
Hearing held on May 3, 2023......................................     1
Statement of Senator Cantwell....................................     2
Statement of Senator Murkowski...................................     1
Statement of Senator Peters......................................     3
Statement of Senator Schatz......................................     1

                               Witnesses

Blaker, Hon. Doreen, President, Keweenaw Bay Indian Community....     7
    Prepared statement...........................................     9
Bryan, Hon. Annette M., Councilwoman, Puyallup Tribe.............    11
    Prepared statement of Hon. Sylvia Miller, Vice-Chairwoman, 
      Puyallup Tribe of Indians..................................    13
Newland, Hon. Bryan, Assistant Secretary, Indian Affairs, U.S. 
  Department of the Interior.....................................     4
    Prepared statement...........................................     5

                                Appendix

Letters submitted for the record 


Response to written questions submitted by Hon. Brian Schatz to 
  Hon. Bryan Newland.............................................    25
United South and Eastern Tribes Sovereignty Protection Fund, 
  prepared statement.............................................    19









 
                       S. 195, S. 382 AND S. 1322

                               ----------                              


                         WEDNESDAY, MAY 3, 2023


                                       U.S. Senate,
                               Committee on Indian Affairs,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 2:39 p.m. in room 
628, Dirksen Senate Office Building, Hon. Brian Schatz, 
Chairman of the Committee, presiding.

            OPENING STATEMENT OF HON. BRIAN SCHATZ, 
                    U.S. SENATOR FROM HAWAII

    The Chairman. Good afternoon. During today's legislative 
hearing, we will consider three bills: S. 195, the Keweenaw Bay 
Indian Community Land Claim Settlement Act of 2023; S. 382, the 
Puyallup Tribe of Indians Land Into Trust Confirmation Act of 
2023; S. 1322, Unlocking Native Lands and Opportunities for 
Commerce and Key Economic Development Act of 2023.
    S. 195, introduced by Senators Peters and Stabenow, would 
acknowledge the uncompensated taking by the Federal Government 
of Keweenaw Bay Indian Community lands, provide compensation 
for the taking of those lands, and extinguish all Keweenaw Bay 
Indian Community claims to those lands.
    S. 382, introduced by Senators Cantwell and Murray, would 
transfer three parcels of land totaling approximately 17.3 
acres and currently owned in fee simple by the Puyallup Tribe 
into trust for the benefit of the tribe.
    Lastly, Senator Murkowski and I introduced S. 1322, the 
UNLOCKED Act, which would amend the long-term leasing act to 
authorize all federally recognized tribes to issue leases of up 
to 99 years and expand the tribal HEARTH Act authority to 
rights-of-way.
    Before I turn to Vice Chair Murkowski for her opening 
statement, I would like to extend my welcome and thanks to our 
witnesses for joining us today. I look forward to your 
testimony and discussion.
    I will recognize the Vice Chair, and then the former Chair, 
Senator Cantwell.

               STATEMENT OF HON. LISA MURKOWSKI, 
                    U.S. SENATOR FROM ALASKA

    Senator Murkowski. Mr. Chairman, thank you, and thank you 
for the hearing on three important bills. You have outlined all 
three of them, S. 195, S. 382 and S. 1322.
    I will limit my comments to the bill that you and I have 
introduced, the UNLOCKED Act. The UNLOCKED Act amends the Long-
Term Leasing Act of 1955 to authorize leases of up to 99 years.
    In today's economy, the 50-year maximum lease term really 
doesn't work to obtain necessary financing to build out 
infrastructure projects. It also makes little sense for 
Congress to consider separate, standalone legislation for every 
tribe for this purpose. We have actually done that now some 60 
times already. It is time-consuming and quite honestly, it is a 
waste of tribal resources.
    Lease terms, however, are not the only barrier to economic 
development. Tribes have also seen projects get bogged down in 
red tape at BIA over rights-of-way approvals, which are 
commonly needed to utilize natural resources for these 
projects.
    So our bill would address this barrier too, by authorizing 
a self-determination process similar to the model used in the 
HEARTH Act for tribal leasing regulations.
    I think this is a good bill. I am proud to be able to 
sponsor it with you, Mr. Chairman, and look forward to seeing 
it enacted so that tribes can take full advantage of the 
opportunities that we have included in the Bipartisan 
Infrastructure Act, as well as the Inflation Reduction Act.
    I am glad to have the witnesses before the Committee as 
well.
    The Chairman. Thank you very much.
    I will now recognize Senator Cantwell to introduce one of 
the panelists.

               STATEMENT OF HON. MARIA CANTWELL, 
                  U.S. SENATOR FROM WASHINGTON

    Senator Cantwell. Thank you, Mr. Chairman. I want to thank 
you and Vice Chair Murkowski for holding this important 
hearing. I want to thank the witnesses for being here today.
    And I do want to introduce Puyallup Tribal Council Member 
Annette Bryan, who will be testifying on the legislation before 
us today. I would also like to thank another Council Member 
from the Puyallup Tribe, Council Member Rideout, for being here 
as well.
    Council Member Bryan has served the Puyallup Tribe 
throughout her career. She was first elected to the Puyallup 
Tribal Council in 2016, and prior to that, Council Member Bryan 
worked on behalf of the tribes at the Environmental Protection 
Agency, for a decade served as the Executive Director of the 
Puyallup National Housing Authority, and has appeared before 
this Committee.
    Council Member Bryan is an important leader for the 
Puyallup Tribe and for the region. I can't thank her enough for 
participating in today's hearing about an important economic 
opportunity for the Puyallup Tribe in our region.
    I have introduced S. 382, the Puyallup Tribe Indian Lands 
Into Trust Confirmation Act, which would take over 17 acres of 
land currently owned by the Puyallup Tribe into trust. As 
Council Member Bryan will talk about, this is a necessary step 
in restoring parts of the tribe's ancestral homeland along 
Commencement Bay in Washington.
    Importantly, S. 382 will allow the tribe to pursue economic 
development and job creation opportunities for the tribe and 
the surrounding community in Pierce County. I am proud to have 
worked with the Puyallup Tribe, Senator Murray, Representative 
Kilmer, Representative Strickland, and others in the 
introduction of this bill.
    I look forward to working with the Committee here and our 
colleagues and to getting this legislation passed.
    Thank you again, Mr. Chairman, for having S. 382 before us 
today and for the Council Member's testimony. Thank you.
    The Chairman. Thank you very much, Senator Cantwell.
    Senator Cantwell. And I should say, if I am not here in 
person, I will be asking Secretary Newland for a position on 
this legislation. Thank you.
    The Chairman. Thank you very much, Senator Cantwell.
    We are pleased to have a guest of the Committee, and a 
friend of all of ours, Gary Peters, Senator Gary Peters from 
Michigan to introduce his guest.

                STATEMENT OF HON. GARY PETERS, 
                   U.S. SENATOR FROM MICHIGAN

    Senator Peters. Thank you, Mr. Chairman, and Vice Chair 
Murkowski, for holding this hearing and for considering S. 195, 
the Keweenaw Bay Indian Community Land Claims Settlement Act of 
2023.
    I am happy to be here today to introduce a fellow 
Michigander, President Doreen Blaker, of the Keweenaw Bay 
Indian Community. President Blaker has served on the tribal 
council for over 14 years and has been a strong proponent of 
preserving the tribe's culture, lands, and natural resources.
    She is joined in today's hearing by two of her council 
members, Tribal Assistant Secretary R.D. Curtis, behind her, 
and Councilman Rodney Loonsfoot. Welcome, gentlemen, welcome to 
the Committee.
    It has certainly been a real honor to work with the 
Keweenaw Bay Indian Community on this effort to settle these 
claims. The tribe has worked diligently and in good faith with 
me and with the rest of the Michigan congressional delegation, 
as well as the State of Michigan, their local neighbors and 
others to find a resolution to this issue.
    The result of my bill, S. 195, the Keweenaw Bay Indian 
Community Land Claims Settlement Act, this bipartisan, 
bicameral and long overdue legislation will address these 
longstanding claims of the Keweenaw Indian Community while 
clearing title of current landowners in the community. The 
legislation would right a historical wrong by authorizing 
Federal funds through the U.S. Department of Interior that 
could be used by KBIC for governmental services, economic 
development, natural resources protection and land acquisition.
    Senator Stabenow serves as an original cosponsor of the 
bill here in the Senate, and Congressman Jack Bergman has 
introduced identical legislation in the House.
    I also want to take an opportunity to briefly recognize and 
thank my friend, and a fellow Michigander as well, Assistant 
Secretary Bryan Newland. I introduced Bryan before this 
Committee at his nomination hearing, and he has admirably 
served our Nation's tribal communities in the time since.
    I have worked with KBIC and Assistant Secretary Newland and 
his team over many years to develop this legislation. I 
certainly thank you for all of your help, Assistant Secretary 
Newland. It is good to see you again.
    I appreciate the Committee's time and attention to this 
very important bill. Thank you again for holding this hearing.
    The Chairman. Thank you very much.
    In addition to the two distinguished panelists, we also 
have Assistant Secretary of Indian Affairs for the Department 
of Interior, the Honorable Bryan Newland.
    Are there any other members wishing to make an opening 
statement? Hearing none, I want to remind our witnesses that 
your full written testimony will be made a part of the hearing 
record. Please confine your remarks to five minutes or less.
    Assistant Secretary Newland, please proceed with your 
testimony.

          STATEMENT OF HON. BRYAN NEWLAND, ASSISTANT 
       SECRETARY, INDIAN AFFAIRS, U.S. DEPARTMENT OF THE 
                            INTERIOR

    Mr. Newland. Thank you, Mr. Chairman, and Madam Vice Chair, 
and members of the Committee. I often take third billing in my 
own house, so I appreciate the chance to do so here before the 
Committee.
    I serve as the Assistant Secretary for Indian Affairs and I 
appreciate the opportunity to present the Department's views on 
S. 195, the Keweenaw Band Indian Community Land Claims 
Settlement Act, S. 382, the Puyallup Tribe of Indians Land Into 
Trust Confirmation Act, and the UNLOCKED Act, Unlocking Native 
Lands and Opportunities for Commerce and Key Economic 
Developments.
    S. 195 would settle the Keweenaw Bay Indian Community's 
claims to certain lands within the exterior boundaries of the 
L'Anse Indian Reservation in Michigan. The community was 
wrongfully dispossessed of lands reserved in the 1842 and 1854 
treaties of La Pointe, and those lands were later conveyed to 
the State of Michigan.
    S. 195 authorizes the appropriation of $33.9 million to the 
Secretary of the Interior to transfer to the tribe as 
compensation for the loss of those lands. The tribe may use the 
funds for any lawful purpose but cannot use those funds to 
acquire lands for gaming.
    The bill would also extinguish the tribe's claims to those 
lands and clear the title of current landowners of the tribe's 
claims. The Department supports this legislation.
    S. 382 directs the transfer of approximately 17 acres of 
fee land to the Puyallup Tribe in Pierce County, Washington, to 
be taken into trust for the tribe's benefit. These lands will 
be part of the tribe's reservation and will not be eligible for 
Class II or Class III gaming.
    S. 382 also stipulates that the Federal Government is not 
liable for any environmental contamination that occurred on the 
lands prior to the date they are taken into trust. 
Environmental assessments conducted by the tribe identified 
legacy pollution on those lands, and our fee to trust process 
at the department would likely require remediation that would 
be prohibitively expensive for the tribe. That is why the 
department advised the tribe to pursue Congressional action to 
transfer these lands into trust.
    S. 382 would prevent a long and costly remediation process, 
and ensure that the lands are restored to the tribe. We support 
this bill also.
    The UNLOCKED Act would amend the Long-Term Leasing Act. The 
Long-Term Leasing Act provides authority for tribes to enter 
into surface leases for up to 50 years. This maximum term often 
limits the ability of tribes to engage in long-term planning 
and economic development.
    Over the years, as the Vice Chair noted, Congress has 
amended this act to permit individual tribes to enter into 
leases for longer than 50 years. Each addition has required 
separate legislation, which is time consuming and resource 
draining for tribes.
    The UNLOCKED Act makes three significant amendments to the 
Long-Term Leasing act. It increases the maximum lease term for 
tribes up to 99 years. It clarifies that the Long-Term Leasing 
Act authorizes leases for certain purposes, and they can 
include the necessary utilization of natural resources. And it 
would authorize tribes to approve rights-of-way without further 
approval of the Secretary of the Interior, if a tribe's rights-
of-way approval process is consistent with the department's 
leasing regulations or if a tribe has regulations approved by 
the Secretary under that section.
    The UNLOCKED Act will build upon the success of the HEARTH 
Act, which restored tribes' ability to control the leasing of 
their own lands. The department welcomes this Congressional 
action to enhance tribal sovereignty and self-determination, 
and we support the UNLOCKED Act. We are ready to provide any 
technical assistance to the Committee that you may request.
    Mr. Chairman and Madam Vice Chair, I appreciate the chance 
to testify today on these bills, and look forward to answering 
any questions you may have.
    [The prepared statement of Mr. Newland follows:]

    Chairman Schatz, Vice Chairman Murkowski, and members of the 
Committee. My name is Bryan Newland, and I am the Assistant Secretary 
for Indian Affairs at the U.S. Department of the Interior (Department).
    Thank you for the opportunity to present the Department's view on 
S. 195, Keweenaw Bay Indian Community Land Claim Settlement Act of 
2023, S. 382, Puyallup Tribe of Indians Land into Trust Confirmation 
Act of 2023, and S. ___, Unlocking Native Lands and Opportunities for 
Commerce and Key Economic Developments Act of 2023.
S. 195, Keweenaw Bay Indian Community Land Claim Settlement Act of 2023
    S. 195 would settle the Keweenaw Bay Indian Community's (KBIC) 
claims to certain lands within the exterior boundaries of the L'Anse 
Indian Reservation in Michigan. Specifically, the bill authorizes the 
Secretary of the Interior (Secretary) to provide monetary compensation 
to the KBIC for certain lands while extinguishing any claims by the 
KBIC to those lands to provide title certainty to current owners. The 
bill's findings and purpose sections provide key details on the claims 
by the KBIC and process by which the lands were transferred.
    As detailed in the finding section of S. 195, the KBIC was 
wrongfully dispossessed of lands reserved in the 1842 Treaty of La 
Pointe and 1854 Treaty of La Pointe that were subsequently conveyed to 
the State of Michigan under the Swamp Land Act of 1850 and the Canal 
Land Act of 1852. The KBIC lost 2,743 acres of land under the Swamp 
Land Act and between 1,333.25 to 2,720 acres of land under the Canal 
Land Act. The loss of this land has negatively impacted the ability of 
KBIC to exercise cultural, religious, and subsistence rights on the 
land as well as prevented economic growth.
    S. 195 authorizes the appropriation of $33.9 million to the 
Secretary to transfer to the KBIC as compensation for the loss of the 
lands under the Swamp Land Act of 1850 and the Canal Land Act of 1852. 
The funds may be used by the KBIC for any lawful purpose including 
governmental services, economic development, natural resources 
protection, and land acquisition, but restricts the funds from being 
used to acquire land for gaming purposes.
    The bill reflects the Department's understanding that the KBIC does 
not wish to reassert authority over the lands. S. 195 specifies that 
when the KBIC receives the monetary compensation, all claims by the 
KBIC to the lands lost under the Swamp Land Act of 1850 and the Canal 
Land Act of 1852 are extinguished and the title of current owners of 
those lands are cleared of all preexisting rights held by the KBIC or 
any KBIC members.
    The Department applauds the Tribe's cooperative approach toward a 
meaningful resolution to their claims and supports S. 195.
S. 382, Puyallup Tribe of Indians Land into Trust Confirmation Act of 
        2023
    S. 382 directs the transfer of approximately 17.264 acres of 
Puyallup Tribe fee lands in Pierce County, Washington to be taken into 
trust for the Tribe's benefit. The lands will be part of the Puyallup 
Reservation and will not be eligible for class II or III gaming under 
the Indian Gaming Regulatory Act. Importantly, S. 382 stipulates that 
the federal government is not liable for any environmental 
contamination that occurred on the lands prior to the date that land is 
taken into trust.
    Environmental assessments conducted by the Puyallup Tribe 
identified potential soil and ground water contamination from petroleum 
products, fuels, and wood preservatives that may have been used at the 
historical mill on the lands. The environmental assessment also 
identified undocumented fill and potentially ``refuse fill'', and 
potential arsenic and metals contamination in the soil possibly 
associated with the Tacoma Smelter Plume. An additional environmental 
assessment by the Puyallup Tribe identified gasoline and diesel-range 
hydrocarbons, various metals, and polycyclic aromatic hydrocarbon 
contamination in the fill materials, as well as diesel-range 
hydrocarbons and naphthalene in the groundwater on the lands.
    The Department has previously advised the Puyallup Tribe that 
congressional action to transfer the Pierce County tribal fee lands 
into trust is a better option than the Department's fee-to-trust land 
acquisition process due to legacy pollution identified in the 
environmental assessments. The anticipated remediation plan on the 
lands would be cost-prohibitive for the Puyallup Tribe.
    S. 382 would prevent a long and costly remediation process and 
ensure that the lands are restored to the Puyallup Tribe as they 
continue to rebuild and develop their homelands. The Department 
supports S. 382.
S. ___, Unlocking Native Lands and Opportunities for Commerce and Key 
        Economic Developments Act of 2023 (UNLOCKED Act)
    Since the enactment of the Non-Intercourse Act of June 30, 1834, 
and predecessor statutes, land transactions with Indian Tribes were 
prohibited unless specifically authorized by Congress. The Act of 
August 9, 1955, or the Long-Term Leasing Act (LTLA) provides the 
authority for Indian Tribes to enter into surface leases with third 
parties with the approval of the Secretary of the Interior (Secretary). 
The LTLA limits lease agreement to 25-year terms with an option to 
renew for an additional 25 years.
    Indian Tribes engage in a diverse array of activities to facilitate 
economic development, and many have required lease agreements for terms 
longer than 50 years on their lands. Authorizing Indian Tribes to lease 
their trust lands for terms longer than the 50-year maximum requires 
Congress to amend the LTLA to add Tribes' names to it. Since its 
enactment in 1955, Congress has added 60 Indian Tribes to the LTLA for 
this purpose. Each addition has required separate legislation, which is 
time consuming and resource draining for Tribes.
    The UNLOCKED Act amends the LTLA to authorize leases of up to 99 
years and provides clarity by creating subsections to emphasize that 
the LTLA authorizes leases for certain purposes, and that a lease for 
such purposes can include the necessary utilization of natural 
resources. The UNLOCKED Act also would authorize Indian Tribes to 
approve rights-of-way without further approval from the Secretary if 
the Indian Tribe's rights-of-way approval process is consistent with 
the approval process for Tribal leasing regulations under 25 U.S.C.  
415(h) or the Tribe has regulations approved by the Secretary under 
that section, a similar model to the Helping Expedite and Advance 
Responsible Tribal Home Ownership Act of 2012 (HEARTH Act). Lastly, the 
UNLOCKED Act makes technical corrections to ensure references specify 
that the authorities are those of the Secretary of the Interior.
    The Department welcomes Congressional action to amend the LTLA to 
authorize leases up to 99 years and authorize additional Tribal self-
determination in the administration of rights-of-way. The HEARTH Act, 
which authorized a self-determination process for Tribal land leases 
was a significant step forward to restoring Tribes' ability to control 
and lease their land and the UNLOCKED Act will build upon the success 
of the HEARTH Act. So far, 82 Tribes have adopted and regulate the 
leasing of their Tribal trust lands pursuant to the HEARTH Act. The 
implementation of the HEARTH Act has been a success, and a great help 
to Indian Tribes in facilitating economic development.
    The Department supports the UNLOCKED Act to authorize any Indian 
Tribe to lease lands for up to 99 years and Tribal self-determination 
in the administration of rights-of-ways. These changes would facilitate 
economic development opportunities and truly unlock potential in Indian 
Country, and the Department stands ready to provide any requested 
technical assistance on this bill.
Conclusion
    Chairman Schatz, Vice Chairman Murkowski, and Members of the 
Committee, thank you for the opportunity to provide the Department's 
views on these important bills. I look forward to answering any 
questions.

    The Chairman. Thank you very much, Mr. Newland.
    Ms. Blaker, please proceed with your testimony.

STATEMENT OF HON. DOREEN BLAKER, PRESIDENT, KEWEENAW BAY INDIAN 
                           COMMUNITY

    Ms. Blaker. Good afternoon, Chairman Schatz, Vice Chair 
Murkowski, and members of the Committee. My name is Doreen 
Blaker, and I have the honor of serving as the president of the 
Keweenaw Bay Indian Community.
    Thank you for the opportunity to provide testimony on S. 
195, the Keweenaw Bay Indian Community Land Claims Settlement 
Act. This bipartisan bill will compensate our tribe for the 
unlawful taking of our treaty-protected reservation lands and 
confirm title for the current landowners. This bill is a 
testament to how working in the spirit of collaboration can 
lead to positive results.
    Today, the Keweenaw Bay Indian Community is located on the 
L'Anse Indian Reservation in Baraga County on the shores of 
Lake Superior. In the mid-1800s, the western frontier continued 
to expand and the Federal Government took a great interest in 
the mineral resources of the Upper Peninsula. This led the 
United States to enter into the 1842 and 1854 Treaties of La 
Pointe with our ancestors. The 1842 Treaty addressed mineral 
rights and provided for the cession of lands west and south of 
Lake Superior.
    However, the terms of the 1842 Treaty specifically reserved 
our rights to continue to occupy, hunt, fish, and gather in our 
homelands within the ceded territory. In the 1854 Treaty, we 
ceded additional lands in Michigan and Wisconsin in return for 
the recognition of a permanent reservation, the L'Anse Indian 
Reservation.
    Unfortunately, the promises made to our people in these 
treaties were not kept. Despite the protections of the 1842 and 
1854 treaties, our reservation lands were unlawfully seized and 
transferred to the State of Michigan through the 1850 Swamp 
Land Act and the 1852 Canal Land Act. Shortly after signing the 
1854 Treaty, the State of Michigan began demanding that the 
Federal Government transfer title to wetlands within our 
reservation, based on the Swamp Land Act.
    For many years, the Federal Government flatly rejected 
Michigan's contentions and the United States General Land 
Office refused to transfer title. The Interior Department 
informed Michigan that a submission of a swamp lands list did 
not obligate the U.S. to transfer these lands because they were 
already reserved for our people. The Supreme Court confirmed 
this in 1906.
    However, the GAO transferred 2,000 acres of reservation 
swamp lands to the State of Michigan between 1893 and 1937. 
These transfers violated both Federal law and the creation of 
our reservation through the 1854 Treaty. The community has 
never been compensated for this unlawful taking.
    Further, through the Canal Land Act, the community was 
dispossessed of more than 1,300 acres of the L'Anse Indian 
Reservation. The Canal Land Act was intended to help finance 
the construction of the Saulte Ste. Marie Canal. The United 
States had granted Michigan the right to select 750,000 acres 
of Federal land within the State to defer the cost of 
construction within the canal. The State identified and 
selected more than 1,300 acres within our reservation.
    Without explanation, the Secretary of Interior approved 
Michigan's land selection within the L'Anse Reservation, even 
though those lands were already set aside by the 1854 Treaty. 
Our tribal council sought to advance these claims, and the 
justice our tribe is due, through non-adversarial means so that 
we can maintain harmony with our neighbors. The community 
presented our claims to the Interior Department, showing that 
the taking of our reservation lands violated the Fifth 
Amendment to the Constitution.
    In December of 2021, the Interior Department stated, ``We 
have carefully reviewed pertinent documents, including the 
tribe's expert reports, and have determined that the tribe's 
claims to the swamp lands and the canal lands have merit.''
    To resolve these longstanding claims, the tribe has been 
working closely with our neighbor communities, the State of 
Michigan, the Interior Department, and our Congressional 
delegation. Our efforts resulted in the Keweenaw Bay Land 
Claims Settlement Act, which ensures our neighbors are not 
harmed, the community is made whole, and harmony amongst our 
collective communities is preserved.
    This bipartisan bill is supported by our neighbors, Baraga 
County, the Village of Baraga, the Village of L'Anse, as well 
as the Governor of Michigan.
    In closing, the tribe would like to express our upmost 
gratitude to Senator Peters, Senator Stabenow, and Congressman 
Bergman for introducing the KBIC Settlement Act. Enactment of 
the KBIC Settlement Act will mean that KBIC is finally 
compensated for the taking of our lands, our neighbors will 
gain clear title to their lands, and the State and Federal 
Government would right an historical wrong.
    Miigwech, thanks again for holding this hearing. I would be 
happy to answer any questions.
    [The prepared statement of Ms. Blaker follows:]

   Prepared Statement of Hon. Doreen Blaker, President, Keweenaw Bay 
                            Indian Community

Introduction
    Chairman Schatz, Vice Chair Murkowski, and honorable Members of the 
Senate Committee on Indian Affairs, my name is Doreen Blaker and I have 
the honor of serving as President of the Keweenaw Bay Indian Community 
(``Community'', ``KBIC'', or ``Tribe''). Thank you for the opportunity 
to provide testimony on S. 195, the Keweenaw Bay Indian Community Land 
Claim Settlement Act (``KBIC Settlement Act''), which would provide 
compensation to the Community for the taking of land by the United 
States inside the exterior boundaries of our L'Anse Indian Reservation. 
This land was guaranteed to the Community as a permanent home under a 
treaty signed in 1854 without just compensation. The takings were 
facilitated by two federal statutes and achieved by the federal 
government's lack of protection of these treaty-protected lands.
    The Keweenaw Bay Indian Community is located on the L'Anse Indian 
Reservation, in Baraga County, Michigan on the shores of Lake 
Superior's Keweenaw Peninsula. The L'Anse Reservation is the oldest and 
largest reservation within the state of Michigan. Our ancestors dwelt, 
hunted, fished, and gathered for hundreds of years in the forests, 
lakes, and wetlands near the Keweenaw Bay in the Upper Peninsula of 
Michigan.
Treaties
    The expansion of the western frontier and the federal government's 
growing interest in the mineral resources of the south shore of Lake 
Superior led the United States to approach our ancestors and convince 
them to sign the 1842 Treaty of LaPointe (7 Stat. 591) (``1842 
Treaty'') and the 1854 Treaty of LaPointe (10 Stat. 1109) (``1854 
Treaty''). The main goal of these treaties, from the perspective of the 
federal government, was the cession of our people's lands for the 
expansion of the United States. In return the treaties guaranteed our 
Tribal Nation certain Constitutionally protected rights including 
usufructuary rights to the ceded territory, and the right to all of the 
lands within the exterior boundaries of the L'Anse Indian Reservation.
1842 Treaty
    The 1842 Treaty addressed mineral rights and provided for the 
cession of lands west and south of Lake Superior, including those in 
the Keweenaw Bay area. However, the terms of the 1842 Treaty were 
specific and unequivocal regarding our ancestors' rights to continue to 
occupy, hunt, fish, and gather in our homelands located within the 
ceded territory, including the Keweenaw Bay area.
1854 Treaty
    The 1854 Treaty provided that the signatory bands would transfer 
extensive and valuable land claims in Michigan and Wisconsin in 
exchange for permanent reservations in their ancestral homelands. In 
addition, it described the L'Anse Reservation, which was reserved for 
KBIC, by its exterior boundaries. Both the United States and the 
Community understood that all land within these boundaries was reserved 
for the sole use of our people. Article 11 of the 1854 Treaty expressly 
provided that ``the Indians shall not be required to remove from the 
homes hereby set apart for them.'' This was an incredibly important 
promise to my people. As ethnohistorians James McClurken and Heather 
Howard confirmed through their research, my ancestors understood the 
establishment of the L'Anse Reservation as recognition of their 
existing claims to use and occupancy within the Keweenaw Bay area, and 
assurance that they would never have to remove or be removed from their 
reservations. See ``Canal Lands on the L'Anse Reservation and Chippewa 
Use and Occupancy of the Keweenaw Bay Region'' authored by James 
McClurken, Ph.D. and Heather Howa Howard, Ph.D., at p. 218. Article VI, 
Clause 2 of the United States Constitution recognizes that treaties are 
the ``supreme law of the land.'' Therefore, the Community has rights to 
the L'Anse Indian Reservation that are both recognized and protected by 
the United States Constitution.
Broken Promises
    Unfortunately, the promises made through these treaties were not 
kept and in the latter half of the 19th Century and early in the 20th 
Century, various lands within the boundaries of the L'Anse Indian 
Reservation were wrongfully transferred from the United States to the 
State of Michigan (``State'') through the Act of September 28, 1850 
(``Swamp Land Act'') (9 Stat. 519, chapter 84) and the Act of August 
26, 1852 (10 Stat. 35, chapter 92) (``Canal Land Act''). These takings 
took place under these two statutes but the actual transfer of lands 
spanned more than three-quarters of a century.
Swamp Land Act
    In 1850, Congress enacted Swamp Land Act, which authorized the 
State of Arkansas and other States, including the State of Michigan, to 
``construct the necessary levees and drains, to reclaim'' certain 
unsold ``swamp and overflowed lands, made unfit thereby for 
cultivation.'' Shortly after the signing of the 1854 Treaty, the State 
of Michigan began demanding that the federal government issue it 
patents to wetlands within the L'Anse Reservation on grounds that the 
Swamp Lands Act granted such lands to the State. For many years, the 
federal government flatly rejected Michigan's contentions and the 
United States General Land Office (``GLO'') refused to issue patents to 
Michigan.
    The United States Department of the Interior informed Michigan that 
the State's submission of a swamplands list did not obligate the United 
States to issue patents for such lands where the land was occupied and 
appropriated for the Indians. The United States Supreme Court ratified 
the legal rationale of this position in a 1906 decision, Wisconsin v. 
Hitchcock, 201 U.S. 202, holding that the signatory bands to the 1854 
Treaty had never abandoned their physical presence or right of 
occupancy to the lands confirmed as their ``permanent reservations'' 
under the 1854 Treaty and this trumped any statute granting any portion 
of reservation lands to the states.
    Unfortunately for unknown reasons, the GLO nonetheless eventually 
patented 2,743 acres of the Community's land within the L'Anse Indian 
Reservation (``Reservation Swamp Lands'') to the State of Michigan 
between 1893 and 1937. These patents not only violated federal law, 
they subverted the established policies of the Department of the 
Interior and the Indian Affairs Office with respect to the creation of 
the L'Anse Indian Reservation through the 1854 Treaty. The right of the 
Community to the Reservation Swamp Lands had not been extinguished when 
the United States patented these treaty-protected lands to the State, 
nor has the Community received just compensation for the taking of 
these lands in violation of the Fifth Amendment of the U.S. 
Constitution.
Canal Land Act
    The Community was also dispossessed of more than 1,300 acres of 
land that was reserved for the L'Anse Indian Reservation and set aside 
in the 1854 Treaty through a separate federal statute. In 1852, 
Congress enacted the Canal Land Act, to help finance the construction 
of the Sault Ste. Marie Canal at the Falls of the St. Mary's River, to 
connect Lake Superior to Lake Huron. Pursuant to the Canal Land Act, 
the United States granted the State the right to select 750,000 acres 
of unsold public land within the State to defray the cost of 
construction of the Sault Ste. Marie Canal. The State identified and 
selected, among other land, a minimum of 1,333.25 and up to 2,720 acres 
within the exterior boundaries of the L'Anse Indian Reservation 
(``Reservation Canal Lands'').
    Through carelessness, expediency, or worse, the Department of the 
Interior approved the State's land selections, including the 
Reservation Canal Lands, after ratification of the 1854 Treaty. The 
Secretary noted that the approval was ``subject to any valid 
interfering rights.'' As a result, the 1854 Treaty set apart from the 
public domain the Reservation as of September 30, 1854, which preceded 
the date on which the State established legally effective title to the 
Reservation Canal Lands. The L'Anse Reservation lands were withdrawn 
from sale by the order of the President on March 7, 1855, but the title 
to the ``canal lands'' selected by Michigan, including those within the 
L'Anse Reservation, was transferred to the Canal Company in accordance 
with the orders of the Michigan Attorney General.
KBIC Land Claims & Its Approach to Resolution
    The United States, through the actions of the GLO, deprived the 
Community of the exclusive use, occupancy, and property right to the 
Reservation Swamp Lands and the Reservation Canal Lands within the 
L'Anse Indian Reservation, without just compensation as required under 
the Takings Clause of the Fifth Amendment to the Constitution of the 
United States. The Community presented these claims to the Department 
of the Interior by providing a legal analysis and ethnohistorical 
reports supporting these claims. In December 2021, the Department of 
the Interior stated that ``We have carefully reviewed pertinent 
documents, including the Tribe's expert reports, and have determined 
that the Tribe's claims to the Swamp Lands and Canal Lands have 
merit.''
Impact of Loss of Lands
    The uncompensated loss of Reservation Swamp Lands and the 
Reservation Canal Lands has impacted the exercise by the Community of 
cultural, religious, and subsistence rights on the land; caused a 
harmful disconnect between the Community and its land; impacted the 
ability of the Community to fully exercise its economy within the 
Reservation; and had a negative economic impact on the development of 
the economy of the Community.
KBIC Efforts to Resolve Claims
    The Community has strengthened its efforts to resolve these 
longstanding land claims in the last few years. In the spirit of 
cooperation, we worked closely with our neighboring communities, the 
State of Michigan, the Department of the Interior, and our U.S. 
Congressional Delegation to develop the Keweenaw Bay Indian Community 
Land Claim Settlement Act. This bipartisan, bicameral legislation was 
introduced on January 31, 2023, by Senators Gary Peters and Debbie 
Stabenow (S.195), and the House companion bill (H.R. 650) was 
introduced by Representative Jack Bergman. The Community understands 
that our neighbors who currently hold this land have clean hands and we 
do not seek to disturb their ownership. However, the Community is still 
entitled to just compensation. The Tribal Council sought this approach 
because we believe in an approach to justice that restores harmony and 
relationships while making the aggrieved whole. The Keweenaw Bay Land 
Claims Settlement Act achieves this goal by ensuring that our neighbors 
are not harmed, the Community is made whole, and harmony amongst our 
collective communities is preserved.
KBIC Settlement Act
    The KBIC Settlement Act acknowledges the Federal Government's 
uncompensated taking of the Reservation Swamp Lands and the Reservation 
Canal Lands and provides compensation to the Community for those 
takings. The legislation also resolves issues related to the title of 
those lands. Through the taking of our treaty-protected tribal lands, 
certain non-Indian individuals, entities, and local governments now 
occupy land within the boundaries of the Reservation. The Community 
believes that the ownership interests in Reservation Swamp Lands and 
Reservation Canal Lands were acquired in good faith by the current land 
owners. For this reason, our legislation extinguishes all claims by the 
Community to the Reservation Swamp Lands and the Reservation Canal 
Lands and confirms the ownership by the current landowners. Finally, 
the bill extinguishes all potential claims by the Community against the 
United States, the State, and current landowners concerning title to, 
use of, or occupancy of those lands.
Support for the Bill
    Our neighboring communities-Baraga County, the Village of Baraga, 
and the Village of L'Anse-support this legislation; Michigan Governor 
Gretchen Whitmer expressed her strong support for the legislation; and 
the Department of the Interior stated that ``the Tribe's claims to the 
Swamp Lands and Canal Lands have merit.'' This broad and bipartisan 
support is a testament to the Community's non-adversarial approach to 
our claims and our neighbors', elected leaders', and friends' 
willingness to listen and understand this history. Our Council is 
immensely proud of how far we have come to finally obtaining the 
justice that our Tribe has long sought.
Conclusion
    In closing, the Keweenaw Bay Indian Community would like to express 
our utmost gratitude to Senator Peters and Senator Stabenow for 
introducing the KBIC Settlement Act in the Senate, as well as 
Representative Bergman for introducing companion legislation in the 
House. The Community also very much appreciates the Committee holding 
this legislative hearing on the bill. Enactment of the KBIC Settlement 
Act would have wide-reaching benefits. KBIC would finally be 
compensated for the taking of our invaluable lands and the resulting 
missed opportunities; our neighbors would have clear title to their 
lands; and the State and federal government would right a historical 
wrong.

    The Chairman. Thank you very much.
    Ms. Bryan, please proceed with your testimony.

  STATEMENT OF HON. ANNETTE M. BRYAN, COUNCILWOMAN, PUYALLUP 
                             TRIBE

    Ms. Bryan. Thank you. [Greeting in Native tongue.] Good 
afternoon. My name is Annette Bryan, and I am a councilwoman 
for the Puyallup Tribe of Indians. I bring you the greetings of 
Chairman Bill Sterude and Vice Chairwoman Sylvia Miller, who 
unfortunately were not able to make it today. I also want to 
acknowledge my fellow councilman James Rideout who is here with 
me today.
    First, I would like to thank Chairman Schatz and Ranking 
Member Murkowski for the opportunity to present this testimony. 
I also want to thank Senator Cantwell for her tireless work on 
behalf of Indian Country generally, and on S. 382 specifically. 
Without Senator Cantwell, we would not be here today.
    The Puyallup Tribe is a signatory to the Treaty of Medicine 
Creek. Under this treaty, the tribe reserved a 20,000-acre 
reservation, which was to be a permanent homeland for my tribe.
    However, the ink had barely dried on the treaty when 
concerted efforts were undertaken to take our tribe's lands. 
Over the next 50 years after the treaty, most of the land 
within our reservation was taken as a result of spurious acts 
of Congress, illegal sales of reservation lands, and outright 
theft.
    But in 1983, the tribe's title to the bed of the Puyallup 
River and adjacent exposed lands, including lands within the 
Port of Tacoma, was confirmed by the Federal court. This 
decision gave rise to a historic settlement agreement between 
12 parties, including the tribe, the City of Tacoma, the Port 
of Tacoma, the State of Washington and the Federal Government, 
which was enacted by Congress. The settlement act restored to 
the tribe nearly 1,000 acres of land, including lands within 
the Port of Tacoma.
    Today, while the Puyallup Reservation consists of 
approximately 28 square miles, we have 1,252 acres of land held 
in trust by the United States for the tribe or our members, 
which is less than 8 percent of the entire reservation. We are 
one of the most urban reservations in the Country.
    Our efforts to restore our homeland to trust is complicated 
by the fact that the City of Tacoma is in the location of 
multiple kinds of industrial activities. Thus, most of the 
tribe's territory is contaminated by legacy pollution, which 
means that while the land is now cleaned up to Federal and 
State standards, some measure of the contaminants can still be 
detected.
    When our land was taken from us, it was clean. And it 
breaks our elders' hearts that the land has any contamination 
on it at all, when our ancestors fought so hard to protect and 
preserve these lands for future generations.
    S. 382 will restore the tribe's place along Commencement 
Bay and will expand the tribe's presence along the Blair 
Waterway. We have the support of the City of Tacoma, Pierce 
County, the Port of Tacoma, and the State of Washington. Our 
plans for these lands are exciting. The property along the 
Blair Waterway is critical to fulfilling the promise of the 
Puyallup Land Settlement, which is over 30 years old now, which 
recognized the tribe's right to engage in foreign trade. This 
land is adjacent to our existing settlement act trust land that 
is designated a foreign trade zone.
    By adding this land to the port, the tribe is well-
positioned to develop a 21st century shipping terminal and 
become the first international tribal center in modern times.
    The property along Commencement Bay will be the first 
Puyallup tribal trust land along these sacred waters in more 
than 100 years. On this property, we are planning a first of 
its kind, indigenous, internationally inspired restaurant which 
will introduce the food of my people to people from around the 
world. We are partnering with celebrated chef Roy Yamaguchi on 
this venture.
    We are so excited, and I am sure you know where Roy's is, 
Mr. Chairman, we are so excited about these opportunities. But 
it is the restoration of these lands to tribal trust status 
that means the most to us. We lost so much of our land, and it 
is the tribal council's goal to restore as much of this land as 
possible in our lifetime. By doing this, we are fulfilling the 
hopes of our ancestors when they signed the treaty and reserved 
these lands for our permanent homelands.
    Before I finish, I want to add my voice in support of S. 
1322, the UNLOCKED Act. The Puyallup is one of 59 tribes that 
sought the right to extend leasing authorities. We saw this as 
critical to our efforts to further economic development. I 
thank the Chairman for your leadership on this issue.
    I would also like to thank Senators Hoeven and Smith for 
sponsoring S. 1308 to the Committee, which I am an alternate 
on. It can finish our important work on the PROGRESS Act.
    Finally, I want to thank you for the chance to testify, and 
I am happy to answer any questions you may have.
    [The prepared statement of Ms. Miller follows:]

  Prepared Statement of Hon. Sylvia Miller, Vice-Chairwoman, Puyallup 
                            Tribe of Indians
    Good afternoon, my name is Sylvia Miller. I am the Vice-Chairwoman 
of the Puyallup Tribe of Indians. I would like to thank Chairman Schatz 
and Ranking Member Senator Murkowski for the opportunity to present 
this testimony on S. 382. I would also like to thank Senator Cantwell 
for her tireless work on behalf of Indian country generally and on S. 
382 specifically.
    The Puyallup Tribe is a federally recognized Tribe located in 
Pierce County, Washington along the shores of Commencement Bay, a large 
inlet of Puget Sound. The Tribe is a signatory to the Treaty of 
Medicine Creek, Dec. 26, 1854, 10 Stat. 1132. Under this Treaty, the 
Tribe reserved the lands for its Reservation, which was established by 
two subsequent Executive Orders. Exec. Order Jan. 20, 1857; and Exec. 
Order Sept. 6, 1873. Pursuant to the Treaty, the Puyallup Tribe secured 
its approximately 20,000-acre Reservation, which was to be a permanent 
homeland for our Tribe and its people. However, the ink had barely 
dried on the Treaty and the Executive Orders when concerted efforts 
were undertaken to take the Tribe's lands. Over the next fifty years 
after the Treaty, most of the land within our Reservation was taken as 
a result of spurious Acts of Congress, illegal sales of reservation 
land, and outright theft. See H.R. Rep. No. 101-57, at 3 (1989).
    Despite these land takings, in 1983, the Tribe's title to the bed 
of the Puyallup River and adjacent exposed lands, including lands 
within the Port of Tacoma, was confirmed by the federal court. Puyallup 
Tribe v. Port of Tacoma, 717 F.2d 1251 (9th Cir. 1983). This decision 
gave rise to an historic Settlement Agreement between twelve parties 
including the Tribe, the City of Tacoma, the Port of Tacoma, the State 
of Washington, and the Federal Government, which was enacted by 
Congress. Puyallup Tribe of Indians Settlement Act of 1989, Pub. L. 
101-41 (1989). The Settlement Act restored to the Tribe nearly 1,000 
acres of land, including lands within the Port of Tacoma. Today, the 
Puyallup Reservation consists of approximately 28 square miles in 
Pierce County, Washington, and includes parts of six cities including 
the cities of Tacoma, Fife, Puyallup, and Milton. Unfortunately, only 
1,252.7 acres of the Tribe's Reservation land is held in federal trust 
by the United States for the Tribe and its members.
    Thus, the recent history of the Puyallup Tribe is in large measure 
a history of a people struggling to overcome the adverse effects of the 
loss of most of our lands. Having suffered for generations from the 
loss of lands caused by the federal government, the Tribe's top 
priority is restoring our homelands, in particular land that is along 
Commencement Bay and the Blair Waterway.
    Our efforts to restore our homeland to trust is complicated by the 
fact that the City of Tacoma was the location of multiple kinds of 
industrial activities, including timber mills and a copper smelter, 
that took place throughout the 20th Century. Thus, most of the Tribe's 
territory is contaminated by legacy pollution, which means that while 
the land is now cleaned up to federal and state standards, there 
remains some measure of the contaminants that can still be detected. I 
would like to include for the record of this hearing letter on this 
issue from Assistant Secretary Newland to Chairman Sterud. This is one 
reason why this legislation is needed as it will allow us to begin to 
heal the wounds of the 19th century and have our land fully protected 
by trust status.
    S. 382 concerns approximately 17.2 acres of land that will restore 
the Tribe's place along Commencement Bay, as well as expand the Tribe's 
presence along the Blair Waterway. The Tribe's acquisition of these 
lands was historic. But restoring these lands to federally protected 
trust status will be monumental. It will help correct some of the many 
wrongs that the United States inflicted on the Puyallup Tribe. This 
legislation is supported by the City of Tacoma, the Port of Tacoma, 
Pierce County, and the State of Washington. The Tribe has worked to 
build relationships with these stakeholders. I would like to include 
these letters in the record of this hearing.
    Our plans for these lands are exciting. The property along the 
Blair Waterway is a critical component of fulfilling the promise of the 
Puyallup Land Settlement, which recognized the Tribe's right to engage 
in foreign trade. These lands are adjacent to our existing Settlement 
Act trust land which is designated a Foreign Trade Zone. By adding 
these lands in the Port, the Tribe is well positioned to develop a 21st 
century shipping terminal that will help address the backlog facing our 
Nation's ports. The placing of this land into trust will make this land 
the first international tribal trade center in modern times.
    The property along Commencement Bay will be the first Puyallup 
Trust land along these sacred waters in more than 100 years. On this 
property we are planning a first of its kind Northwest Indigenous/
internationally inspired restaurant, which will introduce the food of 
my people to people from around the world. Celebrated Chef Roy 
Yamaguchi is our partner in this exciting venture. We are also proud to 
be working with key stakeholders, including Kenmore Air, to bring a 
seaplane terminal to these lands. This will be the first seaplane 
terminal in the south Puget Sound. This terminal will further open the 
beautiful Puget Sound to visitors from around the country and around 
the world.
    We are so excited about these opportunities, but it is the 
restoration of these lands to Tribal trust status that means the most 
to us. We lost so much of our land. It is the Tribal Council's primary 
goal to restore as much as we can in our lifetime. By doing this, we 
are fulfilling the hopes of our ancestors when they signed the Treaty 
that reserved these lands as our permanent homelands.
    I again want to thank the Committee and the Washington State 
Senators for your tireless work on behalf of the Puyallup Tribe and all 
of Indian country. I am happy to answer any questions that you might 
have.

    The Chairman. Thank you very much. Roy Yamaguchi makes 
delicious food.
    Assistant Secretary Newland, you testified that the 
Department supports S. 1322 and these are important fixes. 
Would increasing the $2 million cap on the department's land 
acquisition fund further assist tribes to unlock their economic 
potential?
    Mr. Newland. Thank you, Mr. Chairman. Yes, it would. That 
is one of the reasons that the President sought an increase in 
that cap to $12 million in the Fiscal Year 2024 budget request. 
But anything that helps to expand tribal land base, we believe, 
would help promote tribal economic development.
    The Chairman. Secretary Newland, as a former tribal leader, 
you have a unique perspective on how S. 1322 would work in real 
life. Can you give me an example of how important expanded 
leasing and right-of-way authority is to Indian Country?
    Mr. Newland. I know you appreciate brevity, so I will try 
to leave it to one example, Mr. Chairman. I think back to a 
time when we were working on a housing development in our 
community, when I was tribal president. We had to get multiple 
rights-of-way for different utilities and a roadway to move 
that development forward. It was an agonizing process.
    Had we had the opportunity to have tribal control over that 
process, we could have achieved that approval much more 
quickly.
    The Chairman. Thank you.
    President Blaker, you testified that S. 195 will right a 
historic wrong for your tribe and address the uncompensated 
taking of your land. Can you share how important this bill is 
to clarify the cloud on the title for current landowners?
    Ms. Blaker. Chairman Schatz, we have done our best to work 
with the local units of government, so that property owners 
wouldn't have to worry about that, that working government to 
government will take care of this problem. So I think when the 
bill gets passed, the cloud will be lifted.
    The Chairman. Thank you very much.
    Vice Chair Murkowski?
    Senator Murkowski. Thank you, Mr. Chairman.
    This is a question to you, Assistant Secretary Newland, and 
it regards S. 382. It is my understanding from what we just 
heard from Councilwoman Bryan that the lands that would be 
taken into trust under the bill have met State and Federal 
environmental cleanup standards. Is that your understanding?
    Mr. Newland. Based on the tribe's report to us, yes, that 
is our understanding.
    Senator Murkowski. As you probably know, we are dealing 
with extensive contaminated lands issues in the State of 
Alaska. I asked for some numbers this morning, there are 4,952 
contaminated land sites in the State; 1,179 of those are ANCSA 
lands. So a full 24 percent of the contaminated lands that are 
on the list for cleanup, we are working with the EPA, we had 
the EPA Administrator before the Appropriations Committee this 
morning. They are working well with us.
    But the fact of the matter is we literally had to beg an 
agency to step forward, because the Department of Interior just 
would not, they would not agree to be the lead agency. They 
would sit at the table, but they would not take the lead on 
this.
    It is a real sore spot with me. Because in an effort to 
complete the obligation, to honor the trust to our Native 
peoples for fulfillment of their land claims, we convey lands 
that are tainted, that are soiled, that are polluted, that are 
contaminated. It is an affront, it really is.
    So to hear you say, Councilwoman Bryan, that it is such a 
tragedy that when these lands were taken from you, they were 
clean. Now you are getting them, we are figuring out a way to 
make this work.
    But it is an injustice. It really is. I am very bothered by 
what our Federal agencies have allowed over the years when it 
comes to the transfer of many of these lands to Native people 
under lands settlement acts.
    So I am just going to ask you generally, does the 
department have any concerns with transferring known 
contaminated lands into trust understanding that there is still 
trace contaminants, legacy pollution is what we call it, still 
being detected on these lands?
    Mr. Newland. Thank you, Madam Vice Chair.
    With respect to this bill, we believe based on our 
conversations with the tribe and their determination that this 
is in their best interest that this transfer of these lands 
into trust for the tribe would be in their best interest.
    Senator Murkowski. Maybe I should direct this to you, 
Councilwoman Bryan, is it in your best interest, because you 
simply can't afford to pay the remediation costs?
    Ms. Bryan. Thank you for the question.
    One of the reasons this matters so much to us is that you 
can have developers up and down the waterfront buy a piece of 
property and develop it in the state it is in now. Because we 
put the land into trust, and it requires this phase two, and 
there are legacy contaminants there, legacy pollution, we are 
unable to do that.
    So putting the land into trust will allow us to develop it, 
just like any other developer would be able to do. The Port of 
Tacoma and the Tacoma tide flats are heavily industrialized. 
They have been for years. I too think it is an atrocity, what 
the government has allowed to happen over the years.
    There has been a lot of cleanup. We had three Superfund 
sites right there in the Commencement Bay area. Our lands are 
very contaminated, and there is a lot of legacy pollution that 
I am told, in my lifetime, with the best available control 
technologies, we will never be able to clean.
    But we are where we are. We have an opportunity here to put 
this land into trust that we have already purchased. Our land 
was stripped from us. We are having to pay the highest price 
for it, and now we are unable to put it into trust because of 
this legacy pollution.
    Senator Murkowski. We want to get to a viable solution for 
the Puyallup Tribe. So whether it is your shipping terminal or 
what you want to do with a great restaurant, we want to be able 
to facilitate that.
    Last question for you, Assistant Secretary Newland. Can you 
share a little bit about the backlog at BIA on rights-of-way 
applications and why it is so important under this UNLOCKED Act 
to allow for a tribal self-determination process for the 
rights-of-way approvals?
    Mr. Newland. Thank you, Madam Vice Chair. I don't have data 
at my fingertips at the hearing today when it comes to the 
backlog of rights-of-way, but this has long been a sore spot 
for tribes across Indian Country, how long it takes to get 
rights-of-way approved. The department has adopted new 
regulations int eh last decade in an attempt to speed that up.
    But I think we all believe that when tribes are making the 
decisions about how their lands get used and control the 
timelines that it moves faster and it is more efficient and 
ultimately works better for the tribe.
    Senator Murkowski. Got it.
    Thank you, Mr. Chairman. I don't have further questions of 
the witnesses, but I thank them, and hopefully we will be able 
to move these bills relatively expediently.
    The Chairman. Thank you very much, Vice Chair.
    If there are no more questions for our witnesses, members 
may also submit follow-up written questions for the record. The 
hearing record will remain open for two weeks.
    I want to thank all the witnesses for their time and their 
testimony. This hearing is adjourned.
    [Whereupon, at 3:09 p.m., the hearing was adjourned].

                            A P P E N D I X

 Prepared Statement of the United South and Eastern Tribes Sovereignty 
                            Protection Fund
    The United South and Eastern Tribes Sovereignty Protection Fund 
(USET SPF) is pleased to provide the Senate Committee on Indian Affairs 
(SCIA) with the following testimony for the record of the May 3, 2023 
Legislative Hearing on S. 1322, the UNLOCKED Act. We appreciate SCIA's 
consideration of this bill and its focus on addressing issues 
pertaining to land use and management by Tribal Nations. Tribal Nations 
are political, sovereign entities whose status stems from the inherent 
sovereignty we have as self-governing peoples that pre-dates the 
founding of the United States. For the federal government to fully 
support Tribal Nation sovereignty and self-determination, Congress must 
remove legal barriers that hinder, or outright obstruct, our inherent 
sovereign authorities to manage and develop our lands in ways that 
would best serve our Nations and citizens.
    USET SPF supports passage of S. 1322, which would amend existing 
regulations at 25 USC 415(a) to empower Tribal Nations to lease trust 
lands for a period of up to 99 years. S. 1322 would also expand rights-
of-way authorizations for all purposes across Tribal Lands by amending 
the Helping Expedite and Advance Responsible Tribal Home Ownership 
(HEARTH) Act to empower Tribal Nations to develop regulations for 
rights-of-way authorizations. USET SPF maintains that Congress must 
enact legislation that empowers Tribal Nations to manage and utilize 
our lands as we deem appropriate and the current statutory limitations 
to leasing Tribal Lands are proven barriers to attracting and pursuing 
economic development initiatives on our lands. Furthermore, empowering 
Tribal Nations to execute rights-of-way authorizations across our lands 
will streamline the approval and deployment processes of infrastructure 
projects. These actions are necessary for Tribal Nations to continue 
pursuing efforts in Nation rebuilding and the revitalization of our 
Tribal economies.
    USET Sovereignty Protection Fund (USET SPF) is a non-profit, inter-
tribal organization advocating on behalf of thirty-three (33) federally 
recognized Tribal Nations from the Northeastern Woodlands to the 
Everglades and across the Gulf of Mexico. \1\ USET SPF is dedicated to 
promoting, protecting, and advancing the inherent sovereign rights and 
authorities of Tribal Nations and in assisting its membership in 
dealing effectively with public policy issues.
---------------------------------------------------------------------------
    \1\ USET SPF member Tribal Nations include: Alabama-Coushatta Tribe 
of Texas (TX), Catawba Indian Nation (SC), Cayuga Nation (NY), 
Chickahominy Indian Tribe (VA), Chickahominy Indian Tribe-Eastern 
Division (VA), Chitimacha Tribe of Louisiana (LA), Coushatta Tribe of 
Louisiana (LA), Eastern Band of Cherokee Indians (NC), Houlton Band of 
Maliseet Indians (ME), Jena Band of Choctaw Indians (LA), Mashantucket 
Pequot Indian Tribe (CT), Mashpee Wampanoag Tribe (MA), Miccosukee 
Tribe of Indians of Florida (FL), Mi'kmaq Nation (ME), Mississippi Band 
of Choctaw Indians (MS), Mohegan Tribe of Indians of Connecticut (CT), 
Monacan Indian Nation (VA), Nansemond Indian Nation (VA), Narragansett 
Indian Tribe (RI), Oneida Indian Nation (NY), Pamunkey Indian Tribe 
(VA), Passamaquoddy Tribe at Indian Township (ME), Passamaquoddy Tribe 
at Pleasant Point (ME), Penobscot Indian Nation (ME), Poarch Band of 
Creek Indians (AL), Rappahannock Tribe (VA), Saint Regis Mohawk Tribe 
(NY), Seminole Tribe of Florida (FL), Seneca Nation of Indians (NY), 
Shinnecock Indian Nation (NY), Tunica-Biloxi Tribe of Louisiana (LA), 
Upper Mattaponi Indian Tribe (VA) and the Wampanoag Tribe of Gay Head 
(Aquinnah) (MA).
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Support for Passage of S. 1322, The UNLOCKED Act
    Under the 1834 Non-Intercourse Act, Tribal Nations are prohibited, 
unless explicitly authorized by an Act of Congress, to engage in 
transactions of lands held in trust by the federal government. In 1955, 
Congress enacted the Long-Term Leasing Act (LTLA) to authorize Tribal 
Nations to enter into surface leases, with the approval of the 
Secretary of the Interior, for a period of 25 years with the option to 
renew such leases for an additional 25 years. The LTLA was amended in 
2012 by the Helping Expedite and Advance Responsible Tribal Home 
Ownership (HEARTH) Act, which empowered Tribal Nations to negotiate and 
enter into surface leases once their HEARTH Act regulations were 
approved by the Secretary of the Interior. This process streamlines 
Tribal Nation lease transactions as well as empowers Tribal Nations to 
exercise self-determination in developing and implementing our own 
leasing and land use priorities. According to the Department of the 
Interior, 82 Tribal Nations have adopted their own HEARTH Act 
regulations to lease trust lands. However, the limitations of the 
LTLA's 25-year leasing authority have limited Tribal Nation abilities 
to attract capital and business entities to enter into these lease 
agreements. Today, lease authority of up to 99 years is often required 
for long term commercial leases and some financing contracts from 
banking institutions.
    Additionally, S. 1322 expands Tribal Nation authority under the 
HEARTH Act to authorize rights-of-way approvals across Tribal Lands 
once Tribal Nation regulations are approved by the Secretary of the 
Interior. Empowering Tribal Nations with regard to rights-of-way 
permitting will streamline infrastructure project approval and 
deployment processes and ensure projects are not delayed while waiting 
for approval of rights-of-way applications at the Department of the 
Interior. More importantly, it improves the promotion and recognition 
of Tribal Nation sovereignty and self-determination in our homelands. 
This authority will become extremely beneficial to Tribal Nations in 
working with federal and non-federal entities for the deployment of 
infrastructure projects funded by the American Rescue Plan Act and the 
Infrastructure Investment and Jobs Act.
    USET SPF fully supports passage of S. 1322 to authorize Tribal 
Nation authority to conduct leases of trust lands for a period of up to 
99 years. This will end the practice of Tribal Nations requiring 
approval by an Act of Congress to offer and enter into long term leases 
for periods beyond the current 25-year leasing threshold authorized by 
the LTLA. Enactment of S. 1322 will support Tribal Nation efforts to 
rebuild our economies by expediting Tribal economic development plans 
on trust lands, as well as other initiatives Tribal Nations may pursue 
for the general welfare of our communities and citizens. It will also 
ensure that all Tribal Nations can negotiate effectively to execute 
these long-term leases and compete with non-Tribal landholders near our 
jurisdictional boundaries. Furthermore, S. 1322 will recognize Tribal 
Nation authority to approve rights-of-way permits across our lands to 
expedite the deployment of critical infrastructure needed for economic 
development, housing, broadband, electricity, and water and wastewater 
services.
Conclusion
    Congress enacted the Long-Term Leasing Act of 1955 (LTLA) to 
empower Tribal Nations to enter into surface leases, with the approval 
of the Secretary of the Interior, for a period of 25 years with the 
option to renew such leases for an additional 25 years. However, the 
current 25-year lease restriction imposed by the LTLA and the archaic 
federal practices of managing Tribal Lands do not support our 
sovereignty and self-determination. This is especially evident in the 
lease restrictions imposed by statutes and regulations that limit 
Tribal Nation authorities to effectively pursue land use planning and 
development for Nation rebuilding. Tribal Nations are sophisticated and 
focused on determining the best land use planning, development, and 
management activities to pursue economic development projects and other 
initiatives to improve the general welfare of our communities and 
citizens. As sovereign Tribal Nations, we are best suited to manage 
leasing and development activities on our lands without federal 
interference. The current legal barriers that have prevented or unduly 
prolonged Tribal Nations from executing long-term leases of Tribal 
Lands must finally be appropriately addressed by Congress through 
amendment of the LTLA. For these reasons, we fully support and 
encourage the swift passage of S. 1322 to empower Tribal Nations to 
execute long-term leases of trust lands and the authority to develop 
rights-of-way regulations to execute these permits across Tribal Lands 
to facilitate the deployment of critical infrastructures.
                                 ______
                                 
                                                U.S. Senate
                                                        May 1, 2023
Hon. Brian Schatz,
Chairman;
Hon. Lisa Murkowski,
Vice Chairman,
Senate Committee on Indian Affairs,
Washington, DC.

Dear Chairman Schatz and Vice Chairman Murkowski:

    We write today to request a hearing on the Keweenaw Bay Indian 
Community Land Claim Settlement Act. This legislation would compensate 
the Keweenaw Bay Indian Community (KBIC) for the uncompensated taking 
of land by the federal government. In turn, the current landowners who 
purchased the land in good faith will have their ownership confirmed.
    The Act acknowledges the uncompensated taking of the Reservation 
Swamp Lands and the Reservation Canal Lands by the federal government. 
The taking of this land violated treaties and caused substantial harm 
to the Keweenaw Bay Indian Community. Through the authorization of 
compensation, Congress could adequately acknowledge the initial taking 
and extinguish any remaining claims to the land. In turn, Congress 
could properly address a historical wrong.
    In response to this proposed legislation, the local community has 
supported KBIC's effort to settle its land claims. In addition, 
Governor Whitmer's office has coordinated with my office and KBIC to 
draft the text of the legislation. Finally, the Department of Interior 
Assistant Secretary for Indian Affairs, Bryan Newland, stated in a 
letter that his staff had ``carefully reviewed pertinent documents, 
including the Tribe's expert reports, and have determined the Tribe's 
claims to the Swamp Lands and Canal Lands have merit.'' Newland 
recognized that KBIC did not seek to ``reassert authority over the 
lands at issue but instead seeks to remedy its claims by working with 
Congress'' and applauded the KBIC for that approach.
    The Keweenaw Bay Indian Community Land Claim Settlement Act is an 
opportunity to address past harms and allow a community to heal. The 
enactment of this law benefits all those involved by ensuring those 
currently possessing the land at issue have clear title and allows the 
tribe to receive long overdue compensation. Therefore, we ask that the 
Senate Committee on Indian Affairs hold a hearing on the KBIC Land 
Claim Settlement Act.

        Sincerely,
             Debbie Stabenow; Gary C. Peters, U.S. Senators
                                 ______
                                 
                                  Port of Tacoma Commission
                                                   January 23, 2023
Hon. Debra Haaland,
Secretary of the Interior,
U.S. Department of the Interior,
Washington, DC.

Dear Secretary Haaland:

    The Port of Tacoma is writing in support of the Puyallup Tribe of 
Indian's request to place their last remaining parcel of real estate on 
the east side of the Blair Waterway into federal trust status. This 
action would combine two adjoining parcels that have already been 
placed into federal trust status and supports their efforts to utilize 
its property more fully on the Tacoma Tideflats. The Port of Tacoma and 
the Puyallup Tribe of Indians jointly own critical seaport real estate 
along the Blair Waterway in Tacoma's harbor and have a decades long 
history of cooperation that hinges around the Puyallup Land Claims 
Settlement of 1988.
    The Puyallup Tribe is a key partner of the Port of Tacoma to 
deliver on economic vitality, community and workforce development and 
environmental restoration. Conversion of these properties into federal 
trust is a logical step in the process to enhancing economic 
development opportunities for the Tribe. The Port maintains positive 
discussions with the Tribe on ways to collaborate on seaport planning 
and operations to maximize the benefit to both parties.
    The Port of Tacoma will continue its collaboration with the 
Puyallup Tribe of Indians as it furthers its strategic economic 
development goals and looks forward to having regular and ongoing 
communications to support our mutual interests. If you have any 
questions or require further information, please do not hesitate to 
contact the Port of Tacoma Commission President.

        Sincerely,
                                Deanna M. Keller, President
                                 ______
                                 
                                             City of Tacoma
Hon. Patty Murray;
Hon. Maria Cantwell,
U.S. Senate,
Washington, DC.

Dear Senator Cantwell and Senator Murray:

    It is my pleasure to write in support of the Puyallup Tribe of 
Indian's effort to restore the land it has purchased on Ruston Way into 
federal trust status.
    The Puyallup Tribe is an important partner for the City. We 
collaborate on shared environmental, community development and economic 
development goals. As such, the Tribe's acquisition of these two 
properties and the plans to maintain the established businesses align 
with the City's future plans for this area.
    Converting this property into federal trust status is a meaningful 
step to healing the wrongs of history experienced by the Tribe. The 
City of Tacoma supports the Tribe's effort to restore this traditional 
land along Commencement Bay.

        Yours in Service,
                           Hon. Victoria R. Woodards, Mayor
                                 ______
                                 
                                        State of Washington
Hon. Debra Haaland,
Secretary of the Interior,
U.S. Department of the Interior,
Washington, DC.

Dear Secretary Haaland:

    I write in support of the Puyallup Tribe of Indians's effort to 
restore the land it has purchased on Ruston Way into federal trust 
status.
    As governor I have worked closely with tribes throughout the state 
as they seek to restore their traditional homelands. The Puyallup Tribe 
of Indians is an important governmental partner to the state, county, 
and city on a multitude of issues, including community development, 
environmental restoration, and economic development. The acquisition of 
these two properties and the plans to maintain the businesses in this 
area is just another step in the tribe's goal of restoring what was 
committed to under the Treaty of Medicine Creek.
    I support these efforts and look forward to working in 
collaboration with the Puyallup Tribe of Indians.
    If you have any questions or require further information, please do 
not hesitate to contact Craig Bill, Executive Director of the 
Governor's Office of Indian Affairs.

        Very truly yours,
                                  Hon. Jay Inslee, Governor
                                 ______
                                 
                                              Pierce County
Hon. Patty Murray;
Hon. Maria Cantwell,
U.S. Senate,
Washington, DC.

Dear Senator Cantwell and Senator Murray:

    I write in strong support of the Puyallup Tribe's effort to place 
the land it has purchased on Ruston Way in Tacoma into federal trust 
status.
    Over the last 30 years, the Puyallup Tribe has worked closely with 
the County on critical issues including law enforcement, economic 
development, community development, and environmental restoration. The 
Tribe's acquisition of these two properties and the plans to maintain 
the businesses in this area is just another step in the Puyallup 
Tribe's goals of developing its economic base and enhancingthe 
wellbeing of its members.
    The County supports these efforts and looks forward to working 
closely with the Puyallup Tribe as it furthers these goals.

        Sincerely,
                               Bruce F. Dammeier, Executive
                                 ______
                                 
  Bureau of Indian Affairs, U.S. Department of the Interior
                                                    August 15, 2022
Hon. Bill Sterud,
Chairman,
Puyallup Tribe of Indians,
Tacoma, WA.

    Dear Chairman Sterud:

    I am aware that the Puyallup Tribe (``Tribe'') seeks to place into 
trust two properties on Ruston Way in Tacoma, Washington 
(``Properties''). The Tribe currently uses the Properties for retail 
use including a restaurant at 3001 Ruston Way and a vacant restaurant 
building located at 3017 Ruston Way. The Tribe has expressed that it 
intends to continue the retail use of the Properties, including a first 
of its kind fine dining restaurant that will infuse tribal cuisine. I 
was excited to visit these properties and I look forward to the Tribe's 
return to Commencement Bay with these exciting ventures. For the 
reasons explained below, congressional action directing the Department 
of the Interior to place the Properties into trust may be the most 
viable option for the Tribe.
    As you know, the Department of the Interior's land into trust 
acquisition regulatory process is set forth in 25 C.F.R. Part 151. 
Particularly, 25 C.F.R. 151.10(h) and 25 C.F.R. 151.11(a) require, in 
relevant part, that an applicant seeking land into trust provides 
information allowing the Department to comply with the Department 
Manual on Land Acquisition and Exchange Real Property Pre-Acquisition 
Assessments: Environmental Due Diligence (``602 DM 2''). 602 DM 2 
applies to discretionary fee-to-trust acquisitions and states the 
Department's policy to minimize its exposure to potential liability and 
remediation costs by avoiding acquiring real property that is 
contaminated unless directed by Congress, court mandate, or as 
determined by the Secretary. Additionally, 602 DM 2 describes the 
Department's process for preserving defenses to liability through 
Environmental Site Assessments prior to acquisition.
    The Tribe conducted a Phase I Environmental Site Assessment 
(``Phase I ESA'') that identified potential soil and ground water 
contamination from petroleum products, fuels, and wood preservatives 
that may have been used at the historical mill on the property. The 
Phase I ESA also identified undocumented fill and potentially ``refuse 
fill'', and potential arsenic and metals contamination in the soil 
possibly associated with the Tacoma Smelter Plume. The Tribe conducted 
a Phase II Environmental Site Assessment (``Phase II ESA''). The Phase 
II ESA identified gasoline and diesel-range hydrocarbons, various 
metals, and polycyclic aromatic hydrocarbon contamination in the fill 
materials, as well as diesel-range hydrocarbons and naphthalene in the 
groundwater on the Properties.
    If the Tribe were to apply to place the Properties into trust 
through the regulatory process at 25 C.F.R. Part 151, the Department 
may require a remediation plan prior to acquisition to minimize its 
exposure to liability, consistent with 602 DM 2. I understand that a 
remediation plan for the Properties is cost prohibitive for the Tribe. 
However, should Congress direct the Department to place the Properties 
into trust through legislation, the Department could accept the land 
into trust without requiring a remediation plan.
    The Department understands the legacy contamination is a result of 
industrial development in the Tribe's homelands in the City of Tacoma 
that has greatly impacted the Tribe's efforts to restore its homeland. 
Given the cost implications that may arise for the Tribe through the 
regulatory process, congressional action to take the Tribe's Properties 
into trust may be the most viable option for the Tribe to restore these 
lands as a part of the Reservation.

        Sincerely,
                 Bryan Mercier, Northwest Regional Director
                                 ______
                                 
                        Kickapoo Traditional Tribe of Texas
                                                       May 18, 2023
Hon. Brian Schatz,
Chairman;
Hon. Lisa Murkowski,
Vice Chairman,
Senate Committee on Indian Affairs,
Washington, DC.

Chairman Schatz and Vice Chairman Murkowski,

    On behalf of the Kickapoo Traditional Tribe of Texas (``KTTT'' or 
``Tribe''), I write to express the Tribe's support for S. 1322, the 
Unlocking Native Lands and Opportunities for Commerce and Key Economic 
Developments Act of 2023 (``UNLOCKED Act''). This important legislation 
will help expedite desperately needed housing, governmental, and 
economic development projects throughout Indian Country by empowering 
tribal nations to assert decision-making authority over their lands.
    The UNLOCKED Act would recognize the ability of tribal nations to 
administer approval of rights-of-way in a fashion similar to the 
Helping Expedite and Advance Responsible Tribal Home Ownership Act of 
2012 (``HEARTH Act'') treatment of leases. Pub. L. 112-151. The HEARTH 
Act allows tribal nations that wish to assert control over certain 
leasing authority on their land to do so provided that the Secretary of 
the Interior approves the tribal nation's leasing code. The Tribe 
utilized the HEARTH Act's authority to submit its Business Leasing Code 
to the Department of the Interior, which was approved on September 4, 
2020. The Tribe's ability to negotiate and execute business leases, and 
therefore advance economic development on its reservation, was 
significantly improved after the approval of its Business Leasing Code.
    The Tribe has frequently encountered extremely long wait times for 
the Bureau of Indian Affairs' (BIA) approval of rights-of-way on its 
lands. These applications are generally mundane, noncomplicated, and 
uncontroversial applications for utility rights-of-way to support 
housing, governmental, and economic development projects. The delays 
cause profound burdens on tribal staff as they struggle to complete 
projects and on KTTT citizens as they are forced to wait for 
desperately needed housing projects.
    The UNLOCKED Act would free tribal nations from the burden of 
seeking the BIA's approval for rights-of-way by allowing each tribal 
nation with an approved rights-of-way code to administer and approve 
their own rights-of-way. This will free up precious resources, expedite 
development, and further empower tribal nations on their own lands. The 
UNLOCKED Act is a fine example of tribal self-determination policies 
that the federal government should be advancing.
    The KTTT offers its support for the UNLOCKED Act and thanks both 
Chairman Schatz and Vice Chairman Murkowski for introducing this 
legislation.

        Sincerely,
                             Hon. Juan Garza, Jr., Chairman
                                 ______
                                 
                                          State of Michigan
                                                        May 3, 2023
Hon. Brian Schatz,
Chairman;
Hon. Lisa Murkowski,
Vice Chairman,
Senate Committee on Indian Affairs,
Washington, DC.

Dear Chairman Schatz and Vice Chairman Murkowski,

    I am pleased to add my voice to those who have expressed support 
for S. 195, the Keweenaw Bay Indian Community Land Claim Settlement Act 
of 2023.
    As the Governor of the State of Michigan. I engage closely with the 
leaders of the twelve federally recognized Anishinaabe tribes that also 
call this place home, including the leaders of the Keweenaw Bay Indian 
Community. Tribal leaders have taught me that Debwewin and 
Gwekwaadziwin--truth and honesty--are central to Anishinaabe culture 
and ethics.
    Today, the Keweenaw Bay Indian Community brings both of those 
teachings to Congress and requests Congressional action. The Community 
asks that the federal government first speak truth to itself by 
recognizing the injustice caused when it gave to others the lands 
inside of the L'Anse Indian Reservation that it had solemnly promised 
``to set apart and withhold from sale'' for the Community's ancestors 
in Article 2 of the Treaty of LaPointe, 10 Stats. 1109 (Sept. 30, 
1854). The Community also asks the federal government to be honest, 
speaking truth out loud in a meaningful way, by passing legislation 
that shines a light on these historical wrongs and provides 
compensation for thes takings.I hope these teachings from the 
Anishinaabe can help you guide your Committee's consideration of S. 
195. This legislation provides an opportunity for the federal 
government to do the right thing and consider action to address 
uncompensated takings from Tribes.

        Sincerely,
                            Hon. Gretchen Whitmer, Governor
                                 ______
                                 
                                           UTE INDIAN TRIBE
                                                      June 20, 2023
Hon. Brian Schatz,
Chairman;
Hon. Lisa Murkowski,
Vice Chairman,
Senate Committee on Indian Affairs,
Washington, DC.

Dear Chairman Schatz and Vice Chairman Murkowski:

    The Ute Indian Tribe appreciates your efforts to advance tribal 
economic development through S. 1322, the Unlocking Native Lands and 
Opportunities for Commerce and Key Economic Developments Act of 2023 
(UNLOCKED Act). Unfortunately, the UNLOCKED Act does not address 
restrictions on tribal leasing that could be used by the Secretary of 
the Interior or state and local governments to undermine tribal 
planning and economic development. The UNLOCKED Act should be revised 
to remove these restrictions from the law. With this change, the 
UNLOCKED Act will provide greater benefits and certainty for tribal 
economic development.
    The Tribe respectfully requests that the UNLOCKED Act be revised 
prior to markup or during markup to remove five restrictions that could 
be used by the Secretary, state, or local governments to limit tribal 
economic development. Removing these restrictions may be even more 
important than providing 99-year leasing authority. These restrictions 
limit tribal sovereign authority, are contrary to tribal self-
determination, and impose another layer of review that limits and 
causes uncertainty for tribal economic development efforts.
    These five restrictions are currently included in 25 U.S.C.  
415(a) and should be removed by the UNLOCKED Act. Most of these 
restrictions that the Secretary is required to consider cater to state 
and local governments rather than promote tribal sovereignty and 
economic development. The five restrictions the Secretary must take 
into consideration are:

        (A) the 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.

    These restrictions on tribal sovereignty and self-determination 
have no place in modern federal Indian law. Each of these decisions 
should be left to tribal governments to determine--not the Secretary.
    Many of these restrictions are particularly concerning because they 
require the Secretary to take into consideration surrounding lands and 
activities under the jurisdiction of state and local governments. In 
fact, any opponent of tribal economic development could use these 
restrictions in the law to object to proposed tribal economic 
development. The Secretary should not be required to consider the 
concerns of state and local governments, surrounding lands, or 
individual complaints. The Federal government has a trust and treaty 
obligation to Indian tribes, not state or local governments.
    Even worse, three of the factors that the Secretary must consider 
are directly related to federal funding levels and federal programs. 
The Secretary and the Federal government are primarily responsible for 
the availability of police, fire, and judicial forums on Indian 
reservations. Yet, it is well documented that the Secretary and the 
Federal government are failing in each of these areas. Police, fire, 
and judicial forums have been chronically underfunded and programs are 
not efficiently run by the Federal government and the Secretary. Tribal 
economic development cannot be subject to the failings of the Federal 
government and the Secretary.
    Finally, the UNLOCKED Act should also clarify the third option for 
tribes to obtain approval of rights-of-way that allows a tribe to use 
its approval process that ``substantially complies with the Helping 
Expedite and Advance Responsible Tribal Home Ownership Act of 2012 
(HEARTH Act). As it is currently written, it is unclear how the 
Department of the Interior will determine when a process 
``substantially complies'' with the HEARTH Act. This is not a typical 
standard used in the law and this provision should be clarified.
    Thank you for your consideration. We look forward to working with 
you to reform and streamline the permitting process for economic 
development on Indian lands.

          Julius T. Murray III, Business Committee Chairman
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Brian Schatz to 
                           Hon. Bryan Newland
    Question 1. The Department testified in favor of S. 1322, which 
would extend the current lease term of Indian lands under the Long Term 
Leasing Act from a maximum of 50 to 99 years. Under the Helping 
Expedite and Advance Responsible Tribal Home Ownership (HEARTH) Act, 
business leases are limited to a term of 25 years with the potential to 
renew for up to two additional terms, which may not exceed 25 years. 
Would longer term HEARTH Act leases help Tribal economic development, 
and if so, would the Department also support legislation to extend the 
lease duration to 99 years?
    Answer. The HEARTH Act promotes Tribal self-determination by making 
a voluntary, alternative land-leasing process available to federally-
recognized Tribes through the Department of the Interior (Department). 
Tribes engage in a diverse array of activities to facilitate economic 
development, and many require lease agreements longer than the maximum 
50 years. If Congress amends the Long-Term Leasing Act to authorize any 
Indian Tribe to lease lands for up 99 years, amending the HEARTH Act 
accordingly would be keeping with the goals of Tribal economic self-
sufficiency and self-determination. The Department looks forward to 
continue working with the Committee to help remove barriers to Tribal 
economic development.

                                [all]