[Congressional Record Volume 157, Number 45 (Thursday, March 31, 2011)]
[Senate]
[Page S2051]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BARRASSO (for himself, Mr. Akaka, Mr. Thune, Mr. Johnson 
        of South Dakota, Mr. Tester, and Mr. Udall of New Mexico):
  S. 703. A bill to amend the Long-Term Leasing Act, and for other 
purposes; to the Committee on Indian Affairs.
  Mr. BARRASSO. Mr. President, I rise today to introduce S. 703, the 
Helping Expedite and Advance Responsible Tribal Homeownership Act of 
2011, otherwise known as the HEARTH Act.
  For far too long, bureaucratic red tape has prevented Indian tribes 
from pursuing economic development and homeownership opportunities on 
tribal trust lands. For many years, Indian tribes have expressed 
concerns about the Federal laws and regulations governing surface 
leases of tribal trust lands.
  The delays and uncertainties inherent in the Bureau of Indian 
Affairs' lease approval process, as well as the restrictions on the 
duration of lease terms, create serious barriers to the ability of 
tribes to plan and carry out economic development and other land use 
activities on tribal lands.
  The HEARTH Act would give Indian tribes the discretion to adopt their 
own surface leasing regulations and, once those regulations are 
approved by the Secretary of the Interior, the authority to enter into 
surface leases of tribal lands without any further approval of the 
Secretary. The HEARTH Act would provide our nation's Indian tribes with 
new tools with which to expedite the productive and beneficial use of 
their lands.
  In the 111th Congress, the Committee on Indian Affairs approved a 
very similar version of this bill but the full Senate did not act on 
the measure.
  Before I conclude, I would like to thank Senator Akaka, the 
Committee's new Chairman, for his leadership on this issue and for 
agreeing to cosponsor this bill with me. I would also like to thank 
Senators Thune, Tim Johnson, Tester, and Tom Udall for cosponsoring 
this important legislation.
  In closing, I urge my colleagues to help us expand economic 
opportunity on tribal trust lands by moving S. 703 expeditiously.
  Mr. AKAKA. Mr. President, I rise today speak as an original cosponsor 
of an amendment to the Long Term Leasing Act of 1955. I am pleased to 
be an original cosponsor on this legislation which was introduced by my 
colleague on the Senate Indian Affairs Committee, Mr. Barrasso.
  The Helping, Expedite and Advance Responsible Tribal Homeownership 
Act of 2001, also known as the HEARTH Act of 2011, amends the Long Term 
Leasing Act of 1995. That act allows tribes or individual Indians to 
lease their lands for up to 25 years for certain purposes, including 
economic development, housing, education, agricultural, and natural 
resource development. The current act requires the Secretary of the 
Interior to approve each individual lease. It can take up to 2 years 
for each lease to be approved. Often this bureaucratic delay leads to 
the loss of economic development and other opportunities for tribes.
  Since the enactment of the Nonintercourse Act of June 30, 1834, and 
predecessor statutes, land transactions with Indian tribes were 
prohibited unless specifically authorized by Congress. Congress enacted 
the act of August 9, 1955, commonly known as the Long-Term Leasing Act 
to overcome the prohibitions contained in the Nonintercourse Act. The 
Long-Term Leasing Act permitted some land transactions between Indian 
tribes and non-Federal parties--specifically, the leasing of Indian 
lands. The act required that leases of Indian lands be approved by the 
Secretary of the Interior and limited to terms of 25 years.
  Today, each individual lease of Indian lands still requires approval 
by the Secretary of the Interior. The HEARTH Act of 2011, would allow 
each tribe to develop its own leasing regulations. Those regulations 
would then be submitted to the Secretary of the Interior for approval. 
Thereafter, the tribes would be able to approve their own leases, so 
long as they are consistent with their regulations.
  This amendment to the Long-Term Leasing Act will have a significant 
impact on streamlining the leasing process for tribes. It will reduce 
delays in entering into economic development opportunities, providing 
housing and developing natural resources on Indian lands.
  I thank Mr. Barrasso for his leadership on this critical legislation. 
My cosponsors are well aware of the positive impact this legislation 
will have economic opportunities for tribes. I urge my colleagues to 
join me in supporting the passage of this legislation.
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