[Congressional Record Volume 170, Number 173 (Thursday, November 21, 2024)]
[Senate]
[Pages S6703-S6707]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ACCEPTING THE REQUEST TO REVOKE THE CHARTER OF INCORPORATION OF THE
LOWER SIOUX INDIAN COMMUNITY IN THE STATE OF MINNESOTA
Mr. SCHATZ. Mr. President, the past 4 years have been the most
productive ever for the Senate Committee on Indian Affairs. Working on
a bipartisan basis, we have secured the largest investment in Native
communities in American history and enacted more than two dozen bills
into law. The progress we have made is real, it is tangible, and it is
meaningful. But there is still a lot of work to do to live up to our
responsibilities to these communities, including in the final weeks of
this Congress.
There are currently more than a dozen bills that have advanced out of
our committee on a unanimous, bipartisan basis but have yet to receive
full Senate consideration, and there is no good reason for them to
languish for months or even years without action.
My bill, S. 385, makes technical corrections to the Native American
Tourism and Improving Visitor Experience Act, which authorizes grants
to Indian Tribes, Tribal organizations, and Native Hawaiian
organizations for recreational travel and tourism activities. This bill
was reported out of committee more than a year and a half ago. There
has been more than enough time to raise concerns and rectify any
issues. It is time to get this done now.
S. 1322, the Unlocking Native Lands and Opportunities for Commerce
and Key Economic Developments, or UNLOCKED, Act would enable Indian
Tribes to lease their own land for up to 99 years for business and
other purposes and to approve certain rights-of-way on their lands
under existing law. Senator Murkowski and I introduced this legislation
that will incentivize more businesses to invest in Indian Country. This
commonsense legislation will support Tribes and their economic
development needs.
Finally, S. 2868 was introduced by Senator Smith on behalf of the
Lower Sioux Indian Community to revoke the Tribe's Indian
Reorganization Act, Section 17 Charter of Incorporation. The Tribe
testified in committee that the charter is actively hindering its
economic development activities because it can't do things without the
Interior Secretary's approval. The Tribe's charter has been in place
since 1937. Only Congress has the power to revoke such charters and has
acted to revoke such charters previously for a number of Tribes.
So, as if in legislative session, I ask unanimous consent that the
Senate proceed to the immediate consideration of the following bills en
bloc: Calendar No. 34, S. 385; Calendar No. 342, S. 1322; and Calendar
No. 490, S. 2868.
The PRESIDING OFFICER. The clerk will report the bills by title.
The legislative clerk read as follows:
A bill (S. 385) to amend the Native American Tourism and
Improving Visitor Experience Act to authorize grants to
Indian tribes, tribal organizations, and Native Hawaiian
organizations, and for other purposes.
A bill (S. 1322) to amend the Act of August 9, 1955, to
modify the authorized purposes and term period of tribal
leases, and for other purposes.
A bill (S. 2868) to accept the request to revoke the
charter of incorporation of the Lower Sioux Indian Community
in the State of Minnesota at the request of that Community,
and for other purposes.
The PRESIDING OFFICER. Is there objection to proceeding to the
measures en bloc?
The Senator from South Dakota.
Mr. ROUNDS. Mr. President, reserving the right to object, I would
like to offer an additional piece of legislation that I think would be
very appropriate to include in the proposal.
I ask today for consideration of the Wounded Knee Massacre Memorial
and Sacred Site Act; that is, H.R. 3371-S. 2088. This would place 40
acres of tribally purchased land at the massacre site into restricted
fee status.
Both the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe hold a
very deep connection to this event. This is the Wounded Knee Massacre
site. There were relatives coming from the Cheyenne River Tribe down to
winter near Pine Ridge. That is where this event occurred, and it is
one of the most terrible events in the history of the United States,
where Native Americans were killed and they were left to freeze in a
snowstorm.
As you all know, the Wounded Knee Massacre not only represents a low
point in U.S.-Lakota relations, but it also serves as truly one of the
darkest moments in our Nation's history.
To date, the Wounded Knee Massacre grounds remain a symbolic site,
with Tribal members regularly visiting the area to honor the deceased.
In 2022, both Tribes purchased the 40 acres from a private owner in
an effort to preserve the land. Shortly after the purchase, both Tribes
signed a covenant holding that the property shall be held and
maintained as a memorial and sacred site without any other development.
This legislation, which simply places the 40 acres into restricted fee
status, will help preserve the site for future Tribal generations.
As we approach the 134th anniversary next month of the Wounded Knee
Massacre, it is my hope that we can come together to acknowledge this
event and work to amend our history through reconciliation and mutual
respect. Although we can't rewrite the past, the Wounded Knee Massacre
Memorial and Sacred Site Act is one way to show healing and progress.
This legislation easily passed the House and has languished in the
U.S. Senate for months. Passing this legislation during Native American
Heritage Month is of great importance to Wounded Knee descendants from
my home State.
Look, this is one of those areas where you have two Tribes that lost
members, and their relatives are still there; they still honor that
site. I agree that the other pieces of legislation that are here in
front of us, I think, are good, and I think they represent some of the
best work of the United States, where you set aside differences, you
come together, and you pass good legislation. I believe this
legislation fits that particular sect as well.
So, with that, I would simply ask the Senator that he would modify
this request to include H.R. 3371, the Wounded Knee Massacre Memorial
and Sacred Site Act.
The PRESIDING OFFICER. Is there objection to the modification?
The Senator from North Carolina.
Mr. TILLIS. Mr. President, reserving the right to object, I want to
make this very clear to the members of the Oglala Sioux Tribe and the
Cheyenne River Tribe: This is not about you. As a matter of fact, I
know you have been seeking this for--it has been 100 years since the
event they have memorialized, and you have been seeking this for quite
some time. But you need to know that your leadership is playing a game
that will ultimately force me to take a position on the modification.
I believe that the Wounded Knee Massacre Memorial is at a sacred
site, and the act really does need to come into law--just not yet. The
reason is, I have an issue with their Tribal leadership. I have an
issue with the Sioux's leadership going after the Lumbee Tribe in
Eastern North Carolina.
The Lumbee have been trying to seek recognition for years, and there
is a long and sordid trail of racism, the Jim Crow era, and things that
I will not talk about today, but I will in the coming weeks.
[[Page S6704]]
As many of my colleagues know, I have been working on the Lumbee
Fairness Act--getting it passed into law--for quite some time. I
acknowledge--I am going to go quicker on this. I am going to submit
something for the Record, if I may.
Mr. President, the bottom line is, I am not going to get into the
history of the Lumbee Tribe. What I am going to do is get into the
history of the casino cartel that is trying to prevent the Lumbee Tribe
from being recognized. First among them is the largest Indian Tribe
east of the Mississippi River. It is the Eastern Band of the Cherokee
in North Carolina.
These are my constituents. They are the same constituents where then-
Speaker Thom Tillis made sure they were treated fairly, renegotiated
their compact, and it was transformational to them, as a Republican
leader, over the objections of a majority of my Republican members.
That is the only bill that I allowed to do--in my 4 years as
speaker--to do the right thing for the Cherokee. My reward was to have
them use some of the treasure that was gained from my support in the
statehouse to pay lobbyists huge sums of money to discredit the
application for recognition of the Lumbee Indians.
Now I am going to get into some specifics.
For years, the Eastern Band of Cherokee Indians and their adviser
Wilson Pipestem had led the efforts, the punitive efforts, directly
against the Lumbee Tribe. Most recently, at the 81st NCAI Convention, a
few weeks ago, UINO--sorry for these abbreviations--spread inflammatory
information about the Lumbee Tribe. That was on November 1. The Eastern
Band publicly thanked the UINO for the distribution of these materials.
They were false. Since this stunt, the NCAI president has publicly
condemned the distribution of those materials and issued an apology to
the Lumbee Tribe.
Now I have been made aware that Eastern Band, Wilson Pipestem, and
UINO have been hosting events on Capitol Hill, spending large sums of
money to continue spreading those lies.
In the coming weeks and months, I am going to continue to highlight
the individuals, the lobbyists, the Tribal leaders, and the groups that
are part of this web that are preventing the Lumbee from getting the
recognition they have deserved for nearly 130 years.
I want to reiterate to the Oglala Sioux and to the Cheyenne River
Sioux: This is not about you. This is about your leaders, and this is
about their underhanded, unfair treatment of a Tribal nation that
deserves recognition and that this country needs to atone for over a
century of racism and neglect.
For that reason, Mr. President, I do object to the modification.
The PRESIDING OFFICER. The objection to the modification is heard.
The Senator from South Dakota.
Mr. ROUNDS. Mr. President, look, I am very disappointed in my friend
from North Carolina's approach to this particular issue. As Members of
the Senate, we each have a task as to whether or not we will support
different pieces of legislation.
I had chosen not to object to his legislation which he has been
speaking about, and we have done our best to try to allay any concerns
he may have about our future attempts to disrupt his approach. So it is
very disappointing that he would hold as hostage this particular piece
of legislation, which is of solid intent to help repair relations
between the Oglala Lakota, the Cheyenne River Sioux Tribes, and the
Government of the United States in a way which does not impact his
Tribe or the challenges he has with getting his Tribe recognized
whatsoever. In fact, we have felt that by not objecting at this point--
and we have not--that he would understand how serious we were about
trying to get our piece of legislation attached to this to fix the
problem.
As an example, today--and to the chairman of the committee who has
worked so hard to bring these forward, along with the ranking member--I
have no intentions of standing in the way of them passing their solid
legislation simply as a protest vote. I think we have to move forward
and take the best that we can.
I will continue to try to work with the Member from North Carolina to
assure him that if he will allow this piece of legislation to move
forward, we would not be objecting to his legislation in the future.
But if we can't have ours, I guess there is always the possibility that
he will not be able to get his, as well.
I will not object to the original proposal.
The PRESIDING OFFICER. The Senator from North Carolina.
Mr. TILLIS. Mr. President, Senator Rounds--I call him Mike--we are
good friends. We came into the Senate together in 2014. We got to know
each other before we even got here. He is a man of honor, and he is a
man of his word. I have no doubt that he would not stand in the way
should I allow this measure to go forward today.
The problem is, the Tribes that he represents will. They will
continue to work to spread the misinformation to smear a Tribe that
deserves recognition, and they want the respect that they have been
entitled to for over 130 years when they first got recognition, short
of Federal recognition.
So if I had a Senate and a Congress--if I had 535 Mike Rounds--I
would not have objected to this today. If I had Tribal leaders who were
not lying to constituents and misinforming them on the background of
the Lumbee Tribe and knowing that they will continue to, I have no
other option than what I did today. It gives me no pleasure to do it to
one of my favorite people in the U.S. Senate.
The PRESIDING OFFICER. Is there objection to the original request?
Without objection, it is so ordered. The Senate will proceed to the
measures en bloc.
There being no objection, the Senate proceeded to consider the bills
en bloc, which had been reported from the Committee on Indian Affairs,
with an amendment to S. 1322 to strike all after the enacting clause
and insert in lieu thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unlocking Native Lands and
Opportunities for Commerce and Key Economic Developments Act
of 2023''.
SEC. 2. 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'';
[[Page S6705]]
(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 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.''.
Mr. SCHATZ. I further ask that the committee-reported substitute
amendment to S. 1322, be considered and agreed to; and that the bills,
as amended, where amended, be considered read a third time, en bloc.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendment to S. 1322, in the nature of a
substitute, was agreed to.
The bills were ordered to be engrossed for a third reading and were
read the third time, en bloc.
Mr. SCHATZ. I know of no further debate on the bills, as amended,
where amended, en bloc.
The PRESIDING OFFICER. Is there further debate?
Hearing none, the bills, having been read the third time, the
question is, Shall the bills pass, en bloc?
The bills (S. 385; S. 1322, as amended; and S. 2868) were passed, en
bloc, as follows:
S. 385
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. NATIVE AMERICAN TOURISM GRANT PROGRAMS.
The Native American Tourism and Improving Visitor
Experience Act (25 U.S.C. 4351 et seq.) is amended--
(1) by redesignating section 6 (25 U.S.C. 4355) as section
7; and
(2) by inserting after section 5 (25 U.S.C. 4354) the
following:
``SEC. 6. NATIVE AMERICAN TOURISM GRANT PROGRAMS.
``(a) Bureau of Indian Affairs Program.--The Director of
the Bureau of Indian
[[Page S6706]]
Affairs may make grants to and enter into agreements with
Indian tribes and tribal organizations to carry out the
purposes of this Act, as described in section 2.
``(b) Office of Native Hawaiian Relations.--The Director of
the Office of Native Hawaiian Relations may make grants to
and enter into agreements with Native Hawaiian organizations
to carry out the purposes of this Act, as described in
section 2.
``(c) Other Federal Agencies.--The heads of other Federal
agencies, including the Secretaries of Commerce,
Transportation, Agriculture, Health and Human Services, and
Labor, may make grants under this authority to and enter into
agreements with Indian tribes, tribal organizations, and
Native Hawaiian organizations to carry out the purposes of
this Act, as described in section 2.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $35,000,000 for
the period of fiscal years 2023 through 2027.''.
S. 1322
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 ``Unlocking Native Lands and
Opportunities for Commerce and Key Economic Developments Act
of 2023''.
SEC. 2. 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 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
[[Page S6707]]
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.''.
S. 2868
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. REVOCATION OF CHARTER OF INCORPORATION OF THE
LOWER SIOUX INDIAN COMMUNITY.
The request of the Lower Sioux Indian Community in the
State of Minnesota to surrender the charter of incorporation
issued to that community and ratified on July 17, 1937,
pursuant to section 17 of the Act of June 18, 1934 (commonly
known as the ``Indian Reorganization Act'') (48 Stat. 988,
chapter 576; 25 U.S.C. 5124), is hereby accepted and that
charter of incorporation is hereby revoked.
Mr. SCHATZ. I ask that the motions to reconsider be considered made
and laid upon the table, en bloc.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. SCHATZ. Mr. President, I took the floor today to pass several
Indian Affairs bills that have been languishing for months and, some,
for even years. I continue to intend to fight to pass several
bipartisan bills, so it is good that we passed three of them. But there
is a lot more work to do.
Senators Padilla, Lujan, Heinrich, Smith, and others all have bills
that are ready for consideration today and can end up as Federal law by
the end of this Congress. They would improve the lives of Tribes and
their communities from water rights settlements to protecting children
from abuse and neglect. All of these bills have to be considered.
I am told additional time will be needed to clear these bills over
the Thanksgiving break, and so I will stand down for now. I just want
to make it clear to everybody: We are going to spend a lot of time on
the floor together. There will be no cheap holds. There will be no
convenient holds. We will give people a chance to work out their
problems. But we are going to do this on the floor live like a real
legislature and we are going to get this done.
I yield the floor.
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