[Congressional Record Volume 169, Number 125 (Thursday, July 20, 2023)]
[Senate]
[Pages S3486-S3487]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 997. Mr. SCHATZ (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed by him to the bill S. 2226, to 
authorize appropriations for fiscal year 2024 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place in subtitle G of title X, insert 
     the following:

     SEC. 10___. MODIFICATION OF TRIBAL LEASES AND RIGHTS-OF-WAY 
                   ACROSS INDIAN LAND.

       (a) Extension of Tribal Lease Period.--The first section of 
     the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 
     U.S.C. 415) (commonly known as the ``Long-Term Leasing 
     Act''), is amended--
       (1) by striking ``That (a)'' and all that follows through 
     the end of subsection (a) and inserting the following:

     ``SECTION 1. LEASES OF RESTRICTED LAND.

       ``(a) Authorized Purposes; Term; Approval by Secretary.--
       ``(1) In general.--Any restricted Indian lands, regardless 
     of whether that land is tribally or individually owned, may 
     be leased by the Indian owner of the land, with the approval 
     of the Secretary, for--
       ``(A) a public, religious, educational, recreational, 
     residential, business, or grazing purposes; or
       ``(B) a farming purpose that requires the making of a 
     substantial investment in the improvement of the land for the 
     production of 1 or more specialized crops as determined by 
     the Secretary.
       ``(2) Inclusions.--A lease under paragraph (1) may include 
     the development or use of natural resources in connection 
     with operations under that lease.
       ``(3) Term.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a lease under paragraph (1) shall be for a term of not more 
     than 99 years, including any renewals.
       ``(B) Exception for grazing purposes.--A lease under 
     paragraph (1) for grazing purposes may be for a term of not 
     more than 10 years, including any renewals.
       ``(4) Requirement.--Each lease and renewal under this 
     subsection shall be made in accordance with such terms and 
     regulations as may be prescribed by the Secretary.
       ``(5) Conditions for approval.--Before the approval of any 
     lease or renewal of an existing lease pursuant to this 
     subsection, the Secretary shall determine that adequate 
     consideration has been given to--
       ``(A) relationship between the use of the leased lands and 
     the use of neighboring land;
       ``(B) the height, quality, and safety of any structures or 
     other facilities to be constructed on the leased land;
       ``(C) the availability of police and fire protection and 
     other services on the leased land;
       ``(D) the availability of judicial forums for all criminal 
     and civil causes of action arising on the leased land; and
       ``(E) the effects on the environment of the uses to which 
     the leased lands will be subject.'';
       (2) in subsection (b)--
       (A) by striking ``(b) Any lease'' and inserting the 
     following:
       ``(b) Exception for Secretary Approval.--Any lease'';
       (B) by striking ``of the Interior'' each place it appears; 
     and
       (C) by striking ``clause (3)'' and inserting ``paragraph'';
       (3) by redesignating subsections (a), (b), (c), and (d) as 
     subsections (b), (c), (d), and (a), respectively, and moving 
     the subsections so as to appear in alphabetical order;
       (4) by striking ``subsection (a)'' each place it appears 
     and inserting ``subsection (b)''; and
       (5) in subsection (h)(1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``and the term of the lease does not exceed--'' and inserting 
     a period; and
       (B) by striking subparagraphs (A) and (B).
       (b) Technical Correction.--Section 2 of the Act of August 
     9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415a) (commonly 
     known as the ``Long-Term Leasing Act''), is amended by 
     inserting ``of the Interior'' after ``Secretary'' each place 
     it appears.
       (c) Modifications of Rights-of-way Across Indian Land.--The 
     Act of February 5, 1948 (62 Stat. 17, chapter 45), is 
     amended--
       (1) in the first section (62 Stat. 17, chapter 45; 25 
     U.S.C. 323), by striking ``That the Secretary of the Interior 
     be, and he is hereby, empowered to'' and inserting the 
     following:

     ``SECTION 1. RIGHTS-OF-WAY FOR ALL PURPOSES ACROSS INDIAN 
                   LAND.

       ``(a) Rights-of-Way.--The Secretary of the Interior may'';
       (2) in section 2 (62 Stat. 18, chapter 45; 25 U.S.C. 324), 
     by striking ``organized under the

[[Page S3487]]

     Act of June 18, 1934 (48 Stat. 984), as amended; the Act of 
     May 1, 1936 (49 Stat. 1250); or the Act of June 26, 1936 (49 
     Stat. 1967),''; and
       (3) by adding at the end the following:

     ``SEC. 8. TRIBAL GRANTS OF RIGHTS-OF-WAY.

       ``(a) Rights-of-way.--
       ``(1) In general.--Subject to paragraph (2), an Indian 
     tribe may grant a right-of-way over and across the Tribal 
     land of the Indian tribe for any purpose.
       ``(2) Authority.--A right-of-way granted under paragraph 
     (1) shall not require the approval of the Secretary of the 
     Interior or a grant by the Secretary of the Interior under 
     the section 1 if the right-of-way granted under paragraph (1) 
     is executed in accordance with a Tribal regulation approved 
     by the Secretary of the Interior under subsection (b).
       ``(b) Review of Tribal Regulations.--
       ``(1) Tribal regulation submission and approval.--
       ``(A) Submission.--An Indian tribe seeking to grant a 
     right-of-way under subsection (a) shall submit for approval a 
     Tribal regulation governing the granting of rights-of-way 
     over and across the Tribal land of the Indian tribe.
       ``(B) Approval.--Subject to paragraph (2), the Secretary of 
     the Interior shall have the authority to approve or 
     disapprove any Tribal regulation submitted under subparagraph 
     (A).
       ``(2) Considerations for approval.--
       ``(A) In general.--The Secretary of the Interior shall 
     approve a Tribal regulation submitted under paragraph (1)(A), 
     if the Tribal regulation--
       ``(i) is consistent with any regulations (or successor 
     regulations) issued by the Secretary of the Interior under 
     section 4;
       ``(ii) provides for an environmental review process that 
     includes--

       ``(I) the identification and evaluation of any significant 
     impacts the proposed action may have on the environment; and
       ``(II) a process for ensuring--

       ``(aa) that 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 
     under subclause (I); and
       ``(bb) the Indian tribe provides a response to each 
     relevant and substantive public comment on the significant 
     environmental impacts identified by the Indian tribe under 
     subclause (I) before the Indian tribe approves the right-of-
     way.
       ``(B) Statutory exemptions.--The Secretary of the Interior, 
     in making an approval decision under this subsection, shall 
     not be subject to--
       ``(i) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       ``(ii) section 306108 of title 54, United States Code; or
       ``(iii) the Endangered Species Act of 1973 (16 U.S.C. 1531 
     et seq.).
       ``(3) Review process.--
       ``(A) In general.--Not later than 180 days after the date 
     on which the Indian tribe submits a Tribal regulation to the 
     Secretary of the Interior under paragraph (1)(A), the 
     Secretary of the Interior shall--
       ``(i) review the Tribal regulation;
       ``(ii) approve or disapprove the Tribal regulation; and
       ``(iii) notify the Indian tribe that submitted the Tribal 
     regulation of the approval or disapproval.
       ``(B) Written documentation.--If the Secretary of the 
     Interior disapproves a Tribal regulation submitted under 
     paragraph (1)(A), the Secretary of the Interior shall include 
     with the disapproval notification under subparagraph (A)(iii) 
     written documentation describing the basis for the 
     disapproval.
       ``(C) Extension.--The Secretary of the Interior may, after 
     consultation with the Indian tribe that submitted a Tribal 
     regulation under paragraph (1)(A), extend the 180-day period 
     described in subparagraph (A).
       ``(4) Federal environmental review.--Notwithstanding 
     paragraphs (2) and (3), if an Indian tribe carries out a 
     project or activity funded by a Federal agency, the Indian 
     tribe may rely on the environmental review process of the 
     applicable Federal agency rather than any Tribal 
     environmental review process required under this subsection.
       ``(c) Documentation.--An Indian tribe granting a right-of-
     way under subsection (a) shall provide to the Secretary of 
     the Interior--
       ``(1) a copy of the right-of-way, including any amendments 
     or renewals; and
       ``(2) if the right-of-way allows for compensation to be 
     made directly to the Indian tribe, documentation of payments 
     that are sufficient, as determined by the Secretary of the 
     Interior, as to enable the Secretary of the Interior to 
     discharge the trust responsibility of the United States under 
     subsection (d).
       ``(d) Trust Responsibility.--
       ``(1) In general.--The United States shall not be liable 
     for losses sustained by any party to a right-of-way granted 
     under subsection (a).
       ``(2) Authority of the secretary.--
       ``(A) In general.--Pursuant to the authority of the 
     Secretary of the Interior to fulfill the trust obligation of 
     the United States to the applicable Indian tribe under 
     Federal law (including regulations), the Secretary of the 
     Interior may, on reasonable notice from the applicable Indian 
     tribe and at the discretion of the Secretary of the Interior, 
     enforce the provisions of, or cancel, any right-of-way 
     granted by the Indian tribe under subsection (a).
       ``(B) Authority.--The enforcement or cancellation of a 
     right-of-way under subparagraph (A) shall be conducted using 
     regulatory procedures issued under section 6.
       ``(e) Compliance.--
       ``(1) In general.--An interested party, after exhaustion of 
     any applicable Tribal remedies, may submit a petition to the 
     Secretary of the Interior, at such time and in such form as 
     determined by the Secretary of the Interior, to review the 
     compliance of an applicable Indian tribe with a Tribal 
     regulation approved by the Secretary of the Interior under 
     subsection (b).
       ``(2) Violations.--If the Secretary of the Interior 
     determines that a Tribal regulation was violated after 
     conducting a review under paragraph (1), the Secretary of the 
     Interior may take any action the Secretary of the Interior 
     determines to be necessary to remedy the violation, including 
     rescinding the approval of the Tribal regulation and 
     reassuming responsibility for approving rights-of-way through 
     the trust land of the applicable Indian tribe.
       ``(3) Documentation.--If the Secretary of the Interior 
     determines that a Tribal regulation was violated after 
     conducting a review under paragraph (1), the Secretary of the 
     Interior shall--
       ``(A) provide written documentation, with respect to the 
     Tribal regulation that has been violated, to the appropriate 
     interested party and Indian tribe;
       ``(B) provide the applicable Indian tribe with a written 
     notice of the alleged violation; and
       ``(C) prior to the exercise of any remedy, including 
     rescinding the approval for the applicable Tribal regulation 
     or reassuming responsibility for approving rights-of-way 
     through the trust land of the applicable Indian tribe, 
     provide the applicable Indian tribe with--
       ``(i) a hearing that is on the record; and
       ``(ii) a reasonable opportunity to cure the alleged 
     violation.
       ``(f) Savings Clause.--Nothing in this section affects the 
     application of any Tribal regulations issued under Federal 
     environmental law.
       ``(g) Effect of Tribal Regulations.--An approved Tribal 
     regulation under subsection (b) shall not preclude an Indian 
     tribe from, in the discretion of the Indian tribe, consenting 
     to the grant of a right-of-way by the Secretary of the 
     Interior under the section 1.
       ``(h) Terms of Right-of-way.--The compensation for, and 
     terms of, a right-of-way granted under subsection (a) will be 
     determined by--
       ``(1) negotiations by the Indian tribe; or
       ``(2) the regulations of the Indian tribe.
       ``(i) Jurisdiction.--The grant of a right-of-way under 
     subsection (a) does not waive the sovereign immunity of the 
     Indian tribe or diminish the jurisdiction of that Indian 
     tribe over the Tribal land subject to the right-of-way, 
     unless otherwise provided in--
       ``(1) the grant of the right-of-way; or
       ``(2) the regulations of the Indian tribe.''.
                                 ______