[Congressional Record Volume 149, Number 159 (Wednesday, November 5, 2003)]
[Senate]
[Page S14043]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BURNS (for himself and Mr. Baucus):
  S. 1823. A bill to amend the Act of August 9, 1955, to authorize the 
Assiniboine and Sioux Tribes of the Fort Peck Reservation to lease 
tribally-owned land on the Fort Peck Indian Reservation for 1 or more 
interstate gas pipelines; to the Committee on Indian Affairs.
  Mr. BURNS. Mr. President, I rise today to introduce the Northern 
Border Lease Extension legislation. Currently, and since 1981, Northern 
Border Pipeline Company has leased tribally owned lands on the Fort 
Peck Indian Reservation for its gas pipeline, which carries gas from 
Alberta, Canada to consumers in the Midwest. This lease expires in 
March 2011.
  Northern Border wishes to have the right to continue to lease tribal 
lands for up to fifty years beyond 2011 for its pipeline. They need to 
be assured as soon as possible their lease can be extended. If not, 
they must look for other options that would include constructing a new 
pipeline to go around the Reservation by 2011.
  If the lease is not extended, not only will Northern Border be forced 
to build a new pipeline, but also the Assiniboine and Sioux Tribes of 
the Fort Peck Reservation will lose over $20 million in payments from 
Northern Border. Additionally, if extended, the lease would provide 
tens of millions of dollars in additional payments, with the rental 
payments increasing at an annual rate of three percent per year every 
five years. These terms came about after negotiations between Northern 
Border and the Assiniboine and Sioux Tribes of the Fort Peck 
Reservation.
  This legislation would allow the Tribes to enter into a lease with 
Northern Border that would give Northern Border the right to continue 
to lease tribal lands for up to fifty years beyond 2011 for its 
pipeline. This is one of those great instances when both sides of a 
situation agree and are of one mind. This provision was included in a 
bill previously approved by the Senate Indian Affairs Committee, but 
unfortunately for reasons not associated with this provision, is being 
held up. Therefore, I wish to introduce this important piece of 
legislation as a stand-alone bill.
  I ask unanimous consent that the text 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. 1823

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

     SECTION 1. 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:
       ``(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 
     any successor regulation).''.
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