[Congressional Record Volume 158, Number 69 (Tuesday, May 15, 2012)]
[House]
[Pages H2682-H2685]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HELPING EXPEDITE AND ADVANCE RESPONSIBLE TRIBAL HOME OWNERSHIP ACT OF
2011
Mr. BISHOP of Utah. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 205) to amend the Act titled ``An Act to authorize the
leasing of restricted Indian lands for public, religious, educational,
recreational, residential, business, and other purposes requiring the
grant of long-term leases,'' approved August 9, 1955, to provide for
Indian tribes to enter into certain leases without prior express
approval from the Secretary of the Interior, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 205
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 ``Helping Expedite and Advance
Responsible Tribal Home Ownership Act of 2011'' or the
``HEARTH Act of 2011''.
SEC. 2. APPROVAL OF, AND REGULATIONS RELATED TO, TRIBAL
LEASES.
The first section of the Act titled ``An Act to authorize
the leasing of restricted Indian lands for public, religious,
educational, recreational, residential, business, and other
purposes requiring the grant of long-term leases'', approved
August 9, 1955 (25 U.S.C. 415), is amended as follows:
(1) In subsection (d)--
(A) in paragraph (4), by striking ``the Navajo Nation'' and
inserting ``an applicable Indian tribe'';
(B) in paragraph (6), by striking ``the Navajo Nation'' and
inserting ``an Indian tribe'';
(C) in paragraph (7), by striking ``and'' after the
semicolon at the end;
(D) in paragraph (8)--
(i) by striking ``the Navajo Nation'';
(ii) by striking ``with Navajo Nation law'' and inserting
``with applicable tribal law''; and
(iii) by striking the period at the end and inserting a
semicolon; and
(E) by adding at the end the following:
``(9) the term `Indian tribe' has the meaning given such
term in section 102 of the Federally Recognized Indian Tribe
List Act of 1994 (25 U.S.C. 479a); and
``(10) the term `individually owned allotted land' means a
parcel of land that--
``(A)(i) is located within the jurisdiction of an Indian
tribe; or
``(ii) is held in trust or restricted status by the United
States for the benefit of an Indian tribe or a member of an
Indian tribe; and
``(B) is allotted to a member of an Indian tribe.''.
(2) By adding at the end the following:
``(h) Tribal Approval of Leases.--
``(1) In general.--At the discretion of any Indian tribe,
any lease by the Indian tribe for the purposes authorized
under subsection (a) (including any amendments to subsection
(a)), except a lease for the exploration, development, or
extraction of any mineral resources, shall not require the
approval of the Secretary, if the lease is executed under the
tribal regulations approved by the Secretary under this
subsection and the term of the lease does not exceed--
``(A) in the case of a business or agricultural lease, 25
years, except that any such lease may include an option to
renew for up to 2 additional terms, each of which may not
exceed 25 years; and
``(B) in the case of a lease for public, religious,
educational, recreational, or residential purposes, 75 years,
if such a term is provided for by the regulations issued by
the Indian tribe.
``(2) Allotted land.--Paragraph (1) shall not apply to any
lease of individually owned Indian allotted land.
``(3) Authority of secretary over tribal regulations.--
``(A) In general.--The Secretary shall have the authority
to approve or disapprove any tribal regulations issued in
accordance with paragraph (1).
``(B) Considerations for approval.--The Secretary shall
approve any tribal regulation issued in accordance with
paragraph (1), if the tribal regulations--
``(i) are consistent with any regulations issued by the
Secretary under subsection (a) (including any amendments to
the subsection or regulations); and
``(ii) provide for an environmental review process that
includes--
``(I) the identification and evaluation of any significant
effects of the proposed action on the environment; and
``(II) a process for ensuring that--
``(aa) the public is informed of, and has a reasonable
opportunity to comment on, any significant environmental
impacts of the proposed action identified by the Indian
tribe; and
``(bb) the Indian tribe provides responses to relevant and
substantive public comments on
[[Page H2683]]
any such impacts before the Indian tribe approves the lease.
``(C) Technical assistance.--The Secretary may provide
technical assistance, upon request of the Indian tribe, for
development of a regulatory environmental review process
under subparagraph (B)(ii).
``(D) Indian self-determination act.--The technical
assistance to be provided by the Secretary pursuant to
subparagraph (C) may be made available through contracts,
grants, or agreements entered into in accordance with, and
made available to entities eligible for, such contracts,
grants, or agreements under the Indian Self-Determination Act
(25 U.S.C. 450 et seq).
``(4) Review process.--
``(A) In general.--Not later than 120 days after the date
on which the tribal regulations described in paragraph (1)
are submitted to the Secretary, the Secretary shall review
and approve or disapprove the regulations.
``(B) Written documentation.--If the Secretary disapproves
the tribal regulations described in paragraph (1), the
Secretary shall include written documentation with the
disapproval notification that describes the basis for the
disapproval.
``(C) Extension.--The deadline described in subparagraph
(A) may be extended by the Secretary, after consultation with
the Indian tribe.
``(5) Federal environmental review.--Notwithstanding
paragraphs (3) and (4), if an Indian tribe carries out a
project or activity funded by a Federal agency, the Indian
tribe shall have the authority to rely on the environmental
review process of the applicable Federal agency rather than
any tribal environmental review process under this
subsection.
``(6) Documentation.--If an Indian tribe executes a lease
pursuant to tribal regulations under paragraph (1), the
Indian tribe shall provide the Secretary with--
``(A) a copy of the lease, including any amendments or
renewals to the lease; and
``(B) in the case of tribal regulations or a lease that
allows for lease payments to be made directly to the Indian
tribe, documentation of the lease payments that are
sufficient to enable the Secretary to discharge the trust
responsibility of the United States under paragraph (7).
``(7) Trust responsibility.--
``(A) In general.--The United States shall not be liable
for losses sustained by any party to a lease executed
pursuant to tribal regulations under paragraph (1).
``(B) Authority of secretary.--Pursuant to the authority of
the Secretary to fulfill the trust obligation of the United
States to the applicable Indian tribe under Federal law
(including regulations), the Secretary may, upon reasonable
notice from the applicable Indian tribe and at the discretion
of the Secretary, enforce the provisions of, or cancel, any
lease executed by the Indian tribe under paragraph (1).
``(8) Compliance.--
``(A) In general.--An interested party, after exhausting of
any applicable tribal remedies, may submit a petition to the
Secretary, at such time and in such form as the Secretary
determines to be appropriate, to review the compliance of the
applicable Indian tribe with any tribal regulations approved
by the Secretary under this subsection.
``(B) Violations.--If, after carrying out a review under
subparagraph (A), the Secretary determines that the tribal
regulations were violated, the Secretary may take any action
the Secretary determines to be necessary to remedy the
violation, including rescinding the approval of the tribal
regulations and reassuming responsibility for the approval of
leases of tribal trust lands.
``(C) Documentation.--If the Secretary determines that a
violation of the tribal regulations has occurred and a remedy
is necessary, the Secretary shall--
``(i) make a written determination with respect to the
regulations that have been violated;
``(ii) provide the applicable Indian tribe with a written
notice of the alleged violation together with such written
determination; and
``(iii) prior to the exercise of any remedy, the rescission
of the approval of the regulation involved, or the
reassumption of lease approval responsibilities, provide the
applicable Indian tribe with--
``(I) a hearing that is on the record; and
``(II) a reasonable opportunity to cure the alleged
violation.
``(9) Savings clause.--Nothing in this subsection shall
affect subsection (e) or any tribal regulations issued under
that subsection.''.
SEC. 3. LAND TITLE REPORTS.
(a) In General.--The Bureau of Indian Affairs shall prepare
and submit to the Committee on Natural Resources of the House
of Representatives and the Committee on Indian Affairs of the
Senate a report regarding the history and experience of
Indian tribes that have chosen to assume responsibility for
operating the Indian Land Title and Records Office (referred
to in this section as the ``LTRO'') functions from the Bureau
of Indian Affairs.
(b) Consultation.--In conducting the review under
subsection (a), the Bureau of Indian Affairs shall consult
with the Department of Housing and Urban Development Office
of Native American Programs and the Indian tribes that are
managing LTRO functions (referred to in this section as the
``managing Indian tribes'').
(c) Contents.--The review under subsection (a) shall
include an analysis of the following factors:
(1) Whether and how tribal management of the LTRO functions
has expedited the processing and issuance of Indian land
title certifications as compared to the period during which
the Bureau of Indian Affairs managed the programs.
(2) Whether and how tribal management of the LTRO functions
has increased home ownership among the population of the
managing Indian tribe.
(3) What internal preparations and processes were required
of the managing Indian tribes prior to assuming management of
the LTRO functions.
(4) Whether tribal management of the LTRO functions
resulted in a transfer of financial resources and manpower
from the Bureau of Indian Affairs to the managing Indian
tribes and, if so, what transfers were undertaken.
(5) Whether, in appropriate circumstances and with the
approval of geographically proximate Indian tribes, the LTRO
functions may be performed by a single Indian tribe or a
tribal consortium in a cost effective manner.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Bishop) and the gentleman from New Mexico (Mr. Heinrich) each
will control 20 minutes.
The Chair recognizes the gentleman from Utah.
General Leave
Mr. BISHOP of Utah. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend their remarks
and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Utah?
There was no objection.
Mr. BISHOP of Utah. Mr. Speaker, I yield myself such time as I may
consume.
Under current law, each and every nonmineral lease that a tribe
executes with a third party is subject to approval of the Department of
the Interior before it can take effect. It doesn't matter whether the
tribe and a third party have negotiated the terms of a lease to their
mutual satisfaction; Washington, D.C., ultimately decides because,
after all, Washington, D.C., always knows better.
Unfortunately, the result of this paternalism is predictable--the
leases do not get approved on a timely basis, if at all. The government
has erected all kinds of regulatory hurdles for tribes leasing their
lands. In the private sector, time is money; and when the government
delay costs money, investors take their business elsewhere.
In 2000, Congress agreed with a request by the Navajo Nation to let
the tribe lease its land without Federal approval so long as the
leasing occurs under tribal regulations and they have been approved by
the Secretary. The amendments absolve taxpayers from liability for
leasing decisions the Navajo Nation makes.
For years, many tribes have pleaded with Congress to let them manage
their lands with less Federal supervision. H.R. 205 simply allows any
tribe the same option that the Navajo Nation already enjoys. While this
bill does not completely remove the government from tribal lands, which
would be our goal, it takes a step in the right direction.
{time} 1730
A previous version of this bill was introduced and ordered reported
in the very last Congress, but it languished and saw no further action.
So I am very pleased today that this bill, sponsored by a Democrat
Member, that decreases Federal regulation of Indian lands is poised to
pass with very strong bipartisan support.
I urge adoption of this measure, and I reserve the balance of my
time.
Mr. HEINRICH. Mr. Speaker, I yield myself such time as I may consume.
(Mr. HEINRICH asked and was given permission to revise and extend his
remarks.)
Mr. HEINRICH. Mr. Speaker, shortly after being elected to Congress, I
met with some New Mexico tribal leaders who brought to my attention the
onerous process for securing a long-term lease on trust land--an
unnecessary procedural burden that affects every single home mortgage
on Indian land.
We all know how important homeownership is to healthy communities,
and the last thing the Federal Government should do is stand in the way
of families ready and willing to buy a home. That's why I introduced
this bill, the Helping Expedite and Advance Responsible Tribal Home
Ownership Act, which we call the HEARTH Act.
Native families buying a house go through the same process as
everyone else--they find a house they like, work with their bank to
gain approval for a mortgage, and make an offer to the seller. But
before these families can close on the sale, they must also get
approval from the Bureau of Indian Affairs to lease the land that the
house is
[[Page H2684]]
built on. That approval can take between 6 months and 2 years--an
intolerable delay for most buyers.
We all know that a seller is rarely able to wait 2 years to sell
their house, and banks are often unable to hold a mortgage approval for
anywhere near that long. I know that there are many Native families who
would prefer to stay and raise their children in the communities where
their families have lived for generations, but instead have had to move
from Indian Country to nearby cities because they want to own a home.
Families shouldn't be forced to make such an important decision based
on how many months, or years, it will take a Federal bureaucracy to
approve a mortgage on tribal land.
Similarly, many tribal communities lose out on commercial investment
because the process for securing a lease through the BIA takes so long.
In these tough economic times, we should not be making it harder for
business to develop on tribal land.
The HEARTH Act would allow tribes to develop their own leasing
regulations and make leasing decisions on the tribal level rather than
waiting for BIA approval. Under the bill, tribes would submit their
regulations to the Secretary of the Interior for approval. Once the
regulations are approved, tribes would be authorized to make their own
decisions about how to lease their land in accordance with approved
leases. This process would be completely voluntary for tribes. A tribe
that chooses not to submit leasing regulations for approval would
continue under the current system of BIA approval.
Many tribes already have a lease approval process through their
tribal government that approves land leases before they're even sent to
the BIA. For those tribes that want the authority and responsibility
for making final leasing decisions at the tribal level, the HEARTH Act
would give them the option of doing so.
Our Nation is home to a vast diversity of tribes, and Federal policy
should reflect that diversity. The HEARTH Act will allow tribes to
exercise greater control over their own land, support self-
determination, and eliminate bureaucratic delays that stand in the way
of homeownership and economic development in tribal communities.
Mr. Speaker, before I close, I want to make sure to thank
Representatives Markey, Hastings, Boren, Young, Kildee, Cole, and Lujan
for their meaningful work on this important legislation. Again, I ask
my colleagues to vote ``yes'' on this important bipartisan bill to
support Native families and communities.
I reserve the balance of my time.
Mr. BISHOP of Utah. Mr. Speaker, I am pleased to yield as much time
as he may consume to the gentleman from Oklahoma (Mr. Cole), who has
proven an expert as well as totally versed on the issues of Native
Americans in the United States.
Mr. COLE. I thank the gentleman for yielding, and I thank him for
those exceptionally generous comments.
Mr. Speaker, I rise today in support of H.R. 205, the HEARTH Act, by
the gentleman from New Mexico (Mr. Heinrich). I want to commend him for
bringing forward and working so hard to secure the passage of this
genuinely important piece of legislation.
Increased opportunity for economic development in Indian Country is
the best way to raise the standards of living for tribal members. This
legislation will help break down the barriers to economic development
by making needed reforms to tribal leasing regulations.
H.R. 205 will streamline the existing bureaucratic process for
leasing tribal trust lands by providing Indian tribes with the option
to develop and manage their own surface leasing regimes.
Existing law requires that each lease of tribal surface lands be
approved by the Secretary of the Interior. The secretarial approval
process is costly, time consuming, often results in lost business and
economic opportunities for tribal communities, and is far too
cumbersome to be helpful to those it's designed to protect. These lease
reforms come from a pilot program which implemented this same regime on
the Navajo reservation over a decade ago. Based on the success of that
pilot, it's only natural that these reforms be available to all tribes.
Under H.R. 205, once a tribe's own surface leasing regime is approved
by the Department of the Interior, the tribe can proceed to negotiate,
approve, and administer leases of tribal trust lands under its control.
Passage of H.R. 205 will enable tribal governments to assume
responsibility for the management of their lands, reduce Federal costs
and government liability, and encourage more housing and economic
development on Indian lands, resulting ultimately in job creation.
This bill has strong bipartisan support, is a priority for Indian
Country, and is strongly supported by the administration. It empowers
tribes, encourages tribal self-government, decreases the dependency of
tribes on the Federal Government, and speeds up economic development in
Indian Country.
I urge my colleagues to vote in favor of H.R. 205, the HEARTH Act.
Again, I want to commend the gentleman from New Mexico for his hard
work on this important legislation.
Mr. HEINRICH. Mr. Speaker, I yield such time as he may consume to the
gentleman from American Samoa (Mr. Faleomavaega).
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. Mr. Speaker, I could not help but listen with
tremendous interest, and also to commend my good friend from Oklahoma,
who also is the cochairman of our Native American Congressional Caucus.
I fully associate myself with the eloquent remarks that he has made in
addressing the needs of this legislation that needs to be passed.
I also want to commend my good friend from Utah and the gentleman
from New Mexico for their management of this piece of legislation that
is so important to our Native American community.
Mr. HEINRICH. Mr. Speaker, I yield back the balance of my time.
Mr. BISHOP of Utah. I urge adoption of this bill, and I yield back
the balance of my time.
Mr. MARKEY. Mr. Speaker, I rise in support of the legislation
introduced by the gentleman from New Mexico (Mr. Heinrich). The HEARTH
Act will further tribal self-governance and self-determination by
authorizing willing Indian tribes to take control of surface leasing on
their own lands. Once tribal regulations are approved by the Secretary
of the Interior, tribes will be able to lease their lands without
federal oversight. H.R. 205 is groundbreaking legislation that enhances
tribal control over tribal resources and I ask my colleagues to vote
for its passage.
Importantly, H.R. 205 authorizes leasing activity for residential,
business, and other purposes. A tribe could therefore use its authority
under the HEARTH Act to engage in renewable energy projects on their
lands. Indian country has the potential to develop millions of
megawatts of wind and solar energy. This bill will help Tribes pursue
the economic, environmental and national security benefits that clean
energy provides to all Americans.
During the Natural Resources Committee markup, a Democratic amendment
added language to authorize tribes to seek the Secretary's technical
assistance in developing a regulatory environmental review process for
all types of leasing activity. If a tribe chooses to use its new
authority to engage in leasing activity for renewable energy projects,
for example, it can call upon the expertise of the Department of the
Interior to inform development of an appropriate environmental review
process. I'm confident that this will enhance tribes' ability to be the
best managers of their own lands.
H.R. 205 also requires that approved tribal regulations must be
``consistent with'' existing federal regulations. The United States
recognizes tribal primacy for a number of programs under three critical
environmental laws--the Clean Water Act, the Safe Drinking Water Act
and the Clean Air Act. Tribes have successfully demonstrated their
ability to implement these laws. I fully expect that tribes will do the
same with the HEARTH Act requirement that their leasing regulations, at
a minimum, meet existing federal standards and may even choose to
regulate more stringently where appropriate.
I applaud Mr. Heinrich's leadership on this bill and again encourage
my colleagues from both sides of the aisle to vote in favor of H.R.
205.
Mr. BACA. Mr. Speaker, I rise today in support of H.R. 205--The
HEARTH ACT, and recognize the vital importance of homeownership and
tribal self governance.
I am proud to serve as a cosponsor of this legislation and wish to
thank Congressman Heinrich for sponsoring this bill.
Homeownership is an essential part of the American dream.
[[Page H2685]]
Native American families desire to own their own homes just like
other citizens of our nation.
Currently Native families can face up to a two year wait to purchase
a home on tribal lands because of the bureaucratic red tape at the
Bureau of Indian Affairs.
This long wait can be harmful to Native people because sellers often
cannot wait for the time it takes for Bureau of Indian Affairs
approval. This could result in lands within reservation borders being
sold away from tribal members.
The HEARTH ACT allows tribal governments to approve trust land leases
directly, significantly reducing the wait for approval and easing the
home buying process for tribal families.
In the current housing market, the last thing the federal government
should be doing is standing in the way of families looking to buy a
home.
I urge my colleagues to join me in supporting homeownership for out
Nation's first people, and ask that they vote yes on H.R. 205.
Ms. RICHARDSON. Mr. Speaker, I rise today in strong support of H.R.
205, the Helping Expedite and Advance Responsible Tribal Home Ownership
(HEARTH) Act of 2011. As a member of the Native American Caucus and a
proud co-sponsor of this legislation, I believe the HEARTH Act is an
important step forward in supporting tribal self-determination and
self-governance.
Native American families buying homes have to go through a unique and
burdensome process that involves securing approval from the Federal
Bureau of Indian Affairs to lease tribal land. This application process
can take as long as two years to complete, often making the dream of
owning a home on their tribal land unattainable. Sellers and mortgage
lenders are usually unable or unwilling to wait this long, and buyers
often resort to moving off tribal land.
The Bureau of Indian Affairs (BIA) plays an important role in the
education, healthcare, infrastructure maintenance and law enforcement,
among other services, for Native Alaskans and American Indians. The BIA
oversees more than 55 million acres of some of the most economically
depressed and isolated areas of the United States and is critical in
improving the quality life of its members.
The HEARTH Act is a plan for reform that will improve the efficiency
of the Bureau of Indian Affairs and will shift important
responsibilities to tribes. Under this Act, tribes. Under this Act,
tribes will develop their own regulations to be approved by the
Secretary of the Interior, and local leaders can assume control over
their own leasing processes. Families will avoid the lengthy wait and
can seize the opportunity to invest in land that has been in their
family and tribe for generations.
Mr. Speaker, I encourage my colleagues to join me in voting for this
critical legislation. This is a bill we can all support as it will
improve the efficiency of one of our federal bureaus while
simultaneously improving housing opportunities for Native American
populations. Home ownership is an important part of the American dream,
and the HEARTH Act will help hard-working American families achieve
that goal.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Utah (Mr. Bishop) that the House suspend the rules and
pass the bill, H.R. 205, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BISHOP of Utah. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
____________________