[Congressional Record Volume 149, Number 35 (Wednesday, March 5, 2003)]
[Senate]
[Pages S3171-S3172]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 521. A bill to amend the Act of August 9, 1955, to extend the 
terms of leases of certain restricted Indian land, and for other 
purposes; to the Committee on Indian Affairs.
  Mr. CAMPBELL. Mr. President, today I am pleased to introduce the 
Indian Land Leasing Act of 2003 to make routine changes to title 25 of 
the United States Code and to assist economic activity on Indian lands 
by liberalizing the Indian land leasing process.
  Federal law requires tribal landowners to seek the approval of the 
Secretary of the Interior to lease their lands and further restricts 
the lease term to a period of 25 years.
  This legal framework is an obstacle in the path of the tribes and 
their members, and year after year Indian tribes are forced to seek the 
Committee on Indian Affairs' assistance in extending the lease term to 
99 years.
  Over the years not fewer than 38 tribes have come to Congress and 
secured 99-year lease authority.
  At the tribes' request, this bill will extend 99-year lease authority 
to the Confederated Tribes of the Umatilla Reservation, the Yavapai-
Prescott Tribe, the Yurok Tribe, and the Hopland Band of Pomo Indians 
to the long list of tribes that have already secured similar 
extensions.
  The bill also provides 99-year lease authority for tribes that wish 
to do so without the prior approval of the Secretary.
  I urge my colleagues to join me in supporting this modest but 
important legislation.
  I ask unanimous consent that a copy of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 521

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Indian Land Leasing Act of 
     2003''.

     SEC. 2. AUTHORIZATION OF 99-YEAR LEASES.

       (a) In General.--Subsection (a) of the first section of the 
     Act of August 9, 1955 (25 U.S.C. 415(a)) is amended in the 
     second sentence--
       (1) by inserting ``the reservation of the Confederated 
     Tribes of the Umatilla Indian Reservation,'' before ``the 
     Burns Paiute Reservation,'';
       (2) by inserting ``the'' before ``Yavapai-Prescott'';
       (3) by striking ``Washington,,'' and inserting 
     ``Washington,''; and
       (4) by inserting ``land held in trust for the Yurok Tribe, 
     land held in trust for the Hopland Band of Pomo Indians of 
     the Hopland Rancheria,'' after ``Pueblo of Santa Clara,''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to any lease entered into or renewed after the 
     date of enactment of this Act.

     SEC. 3. LEASE OF TRIBALLY-OWNED LAND BY ASSINIBOINE AND SIOUX 
                   TRIBES OF THE FORT PECK RESERVATION.

       The first section of the Act of August 9, 1955 (25 U.S.C. 
     415) is amended by adding at the end the following:

[[Page S3172]]

       ``(g) Lease of Tribally-Owned Land by Assiniboine and Sioux 
     Tribes of the Fort Peck Reservation.--
       ``(1) In general.--Notwithstanding subsection (a) and any 
     regulations under part 162 of title 25, Code of Federal 
     Regulations (or any successor regulation), subject to 
     paragraph (2), the Assiniboine and Sioux Tribes of the Fort 
     Peck Reservation may lease to the Northern Border Pipeline 
     Company tribally-owned land on the Fort Peck Indian 
     Reservation for 1 or more interstate gas pipelines.
       ``(2) Conditions.--A lease entered into under paragraph 
     (1)--
       ``(A) shall commence during fiscal year 2011 for an initial 
     term of 25 years;
       ``(B) may be renewed for an additional term of 25 years; 
     and
       ``(C) shall specify in the terms of the lease an annual 
     rental rate--
       ``(i) which rate shall be increased by 3 percent per year 
     on a cumulative basis for each 5-year period; and
       ``(ii) the adjustment of which in accordance with clause 
     (i) shall be considered to satisfy any review requirement 
     under part 162 of title 25, Code of Federal Regulations (or a 
     successor regulation).''.

     SEC. 4. CERTIFICATION OF RENTAL PROCEEDS.

       Notwithstanding any other provision of law, any actual 
     rental proceeds from the lease of land acquired under section 
     1 of Public Law 91-229 (25 U.S.C. 488) certified by the 
     Secretary of the Interior shall be deemed--
       (1) to constitute the rental value of that land; and
       (2) to satisfy the requirement for appraisal of that land.

     SEC. 5. MONTANA INDIAN TRIBES; AGREEMENT WITH DRY PRAIRIE 
                   RURAL WATER ASSOCIATION, INCORPORATED.

       (a) In General.--The Assiniboine and Sioux Tribes of the 
     Fort Peck Indian Reservation (referred to in this section as 
     the ``Tribes'') may, with the approval of the Secretary of 
     the Interior, enter into a lease or other temporary 
     conveyance of water rights recognized under the Fort Peck-
     Montana Compact (Montana Code Annotated 85-20-201) for the 
     purpose of meeting the water needs of the Dry Prairie Rural 
     Water Association, Incorporated (or any successor entity), in 
     accordance with section 5 of the Fort Peck Reservation Rural 
     Water System Act of 2000 (114 Stat. 1454).
       (b) Conditions of Lease.--With respect to a lease or other 
     temporary conveyance described in subsection (a)--
       (1) the term of the lease or conveyance shall not exceed 
     100 years; and
       (2)(A) the lease or conveyance may be approved by the 
     Secretary of the Interior without monetary compensation to 
     the Tribes; and
       (B) the Secretary of the Interior shall not be subject to 
     liability for any claim or cause of action relating to the 
     compensation or consideration received by the Tribes under 
     the lease or conveyance.
       (c) No Permanent Alienation of Water.--Nothing in this 
     section authorizes any permanent alienation of any water by 
     the Tribes.

     SEC. 6. LEASES OF RESTRICTED INDIAN LAND; NON-INDIAN BUSINESS 
                   PARTNERS ON INDIAN LAND.

       Subsection (a) of the first section of the Act of August 9, 
     1955 (25 U.S.C. 415(a)) is amended by adding at the end the 
     following: ``Notwithstanding any other provision of law, no 
     Indian tribe shall be required to obtain the approval of the 
     Secretary to enter into a lease of restricted Indian land 
     (not including any lease for exploration, development, or 
     extraction of any mineral resource) under this subsection for 
     a term that does not exceed 99 years if the Indian tribe 
     provides written notice in original leasing documents that 
     the Indian tribe has the unilateral right to terminate the 
     lease in any case in which the Indian tribe does not waive 
     sovereign immunity from any civil action brought by a party 
     to the lease for just compensation as a result of such a 
     termination. Any person that is a party to a lease described 
     in the preceding sentence may bring a civil action to enforce 
     the lease.''.
                                 ______