[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.

                          ____________________