[Senate Hearing 118-105]
[From the U.S. Government Publishing Office]
S. Hrg. 118-105
S. 195, S. 382 AND S. 1322
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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
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
______
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
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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
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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.
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\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.
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