[House Report 115-242]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-242
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TO PROVIDE THAT THE PUEBLO OF SANTA CLARA MAY LEASE FOR 99 YEARS
CERTAIN RESTRICTED LAND, AND FOR OTHER PURPOSES
_______
July 24, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany S. 249]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (S. 249) to provide that the pueblo of Santa Clara may
lease for 99 years certain restricted land, and for other
purposes, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
Purpose of the Bill
The purpose of S. 249 is to provide that the pueblo of
Santa Clara may lease for 99 years certain restricted land.
Background and Need for Legislation
In 1834, with the enactment of the Non-intercourse Act
(R.S. 2116, 25 U.S.C. 177), land transactions with Indians were
prohibited unless authorized by Congress. Over time, such
restrictions came to apply primarily to lands held in trust by
the United States for the benefit of individual Indians or
tribes (trust lands), and land title held in fee by Indians or
tribes subject to a restriction on alienation (restricted fee
lands).
In 1955, Congress passed what is commonly known as the
Indian Long-Term Leasing Act of 1955 (ILTLA, 25 U.S.C. 415) to
soften the effect of the Non-Intercourse Act. The ILTLA
generally authorizes any Indian lands (in trust or in
restricted fee status) to be leased by their Indian owners,
subject to the approval of the Secretary of the Interior, for
``public, religious, educational, recreational, residential, or
business purposes . . .'' for ``a term of not to exceed twenty-
five years'' except for grazing purposes, in which case the
term shall not exceed ten years. The Act originally specified
that non-grazing leases may be renewed up to one additional
term of 25 years, under rules and regulations developed by the
Secretary.\1\
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\1\The Act of Aug. 9, 1955, ch. 615, Sec. 1, 69 Stat. 539.
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Congress has amended the ILTLA more than 40 times to adjust
the terms and conditions of leases of Indian lands, and to
authorize leases of specific Indian lands by their Indian
owners for a term of up to 99 years, subject to approval of the
Secretary. In 1992, the ILTLA was amended to authorize leasing
of up to 99 years for lands held in trust for the Pueblo of
Santa Clara,\2\ and in 2011 was amended to authorize 99 year
leases for lands held in trust for the Ohkay Owingeh Pueblo
(formerly known as the Pueblo of San Juan).\3\
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\2\Public Law 102-497, 106 Stat. 3256.
\3\Public Law 111-381, 124 Stat. 4133.
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The Santa Clara Pueblo is a tribal reservation located in
Rio Arriba County, New Mexico, and is home to 1,018 tribal
members.\4\ Along with the Ohkay Owingeh Pueblo, it is a member
of the Eight Northern Pueblos of New Mexico. Located on the Rio
Grande, about a mile south of Espanola, New Mexico, the Santa
Clara Pueblo is a total of 2.1 square miles, or roughly 24
acres. Currently, the reservation land consists of land granted
from the Spanish through a land grant, and reservation land
granted in 1905 through Executive Order XXVI (1905).
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\4\2010 United States Census Data.
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The Ohkay Owingeh Pueblo is a tribal reservation located
along the Rio Grande River, approximately 25 miles north of
Santa Fe, New Mexico. It is home to 2,723 enrolled members.
Originally, the Supreme Court ruled that Indians were not the
original settlers of this territory and reduced their land
grant to 5,000 acres.\5\ However, since that time, additional
lands have been attained by the reservation. As the Capital of
the Eight Northern Pueblos in New Mexico, it is an important
cultural touchstone for Indian tribes in New Mexico and the
tribal governance structure.
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\5\U.S. v. Sandoval, 167 U.S. 278 (1897).
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While the Santa Clara and Ohkay Owingeh Pueblos currently
have 99-year leasing authority, such authority applies only to
the Tribes' trust lands. The purpose of S. 249 is to clarify
that the Tribes may also lease their restricted fee lands for
up to 99 years, subject to the usual approval of the Secretary.
Committee Action
S. 249 was introduced on February 1, 2017, by Senator Tom
Udall (D-NM). The Senate passed the bill by unanimous consent
on May 8, 2017. In the House of Representatives, the bill was
referred to the Committee on Natural Resources, and within the
Committee to the Subcommittee on Indian, Insular and Alaska
Native Affairs. On June 7, 2017, the Subcommittee held a
hearing on the bill. On June 22, 2017, the Natural Resources
Committee met to consider the bill. The Subcommittee was
discharged by unanimous consent. No amendments were offered,
and the bill was ordered favorably reported to the House of
Representatives by unanimous consent on June 27, 2017.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 5, 2017.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 249, an act to
provide that the Pueblo of Santa Clara may lease for 99 years
certain restricted land, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert Reese.
Sincerely,
Keith Hall.
Enclosure.
S. 249--An act to provide that the Pueblo of Santa Clara may lease for
99 years certain restricted land, and for other purposes
S. 249 would authorize the Pueblo of Santa Clara and the
Ohkay Owingeh Pueblo to lease tribal lands for up to 99 years.
In general, under current law, the tribes can lease tribal
lands to schools, businesses, and public entities for up to 25
years.
CBO estimates that implementing S. 249 would have no effect
on the federal budget because any additional proceeds from such
leases would accrue to the owners of the land. Enacting S. 249
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures would not apply.
CBO estimates that enacting S. 249 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
S. 249 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act. The
Pueblo of Santa Clara and the Ohkay Owingeh Pueblo would
benefit from provisions in the legislation that allow the
tribes to lease land for up to 99 years, regardless of the
trust status of the land.
On February 17, 2017, CBO transmitted a cost estimate for
S. 249, a bill to provide that the Pueblo of Santa Clara may
lease for 99 years certain restricted land, and for other
purposes, as ordered reported by the Senate Committee on Indian
Affairs on February 8, 2017. The two versions of the
legislation are similar and CBO's estimates of their budgetary
effects are the same.
The CBO staff contacts for this estimate are Robert Reese
(for federal costs) and Rachel Austin (for intergovernmental
mandates). The estimate was approved by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to provide that the pueblo of Santa
Clara may lease for 99 years certain restricted land.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
ACT OF AUGUST 9, 1955
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.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That (a)
any restricted Indian lands, whether tribally or individually
owned, may be leased by the Indian owners, with the approval of
the Secretary of the Interior, for public, religious,
educational, recreational, residential, or business purposes,
including the development or utilization of natural resources
in connection with operations under such leases, for grazing
purposes, and for those farming purposes which require the
making of a substantial investment in the improvement of the
land for the production of specialized crops as determined by
said Secretary. All leases so granted shall be for a term of
not to exceed twenty-five years, except leases of land located
outside the boundaries of Indian reservations in the State of
New Mexico, leases of land on the Agua Caliente (Palm Springs)
Reservation, the Dania Reservation, the Pueblo of Santa Ana
(with the exception of the lands known as the ``Santa Ana
Pueblo Spanish Grant''), the reservation of the Confederated
Tribes of the Warm Springs Reservation of Oregon, the Moapa
Indian Reservation, the Swinomish Indian Reservation, the
Southern Ute Reservation, the Fort Mojave Reservation, the
Confederated Tribes of the Umatilla Indian Reservation, the
Burns Paiute Reservation, the Kalispel Indian Reservation and
land held in trust for the Kalispel Tribe of Indians, the
Puyallup Tribe of [Indians,,] Indians, the pueblo of Cochiti,
Ohkay Owingeh pueblo, the pueblo of Pojoaque, the pueblo of
Santa Clara, the pueblo of Tesuque, the pueblo of Zuni, the
Hualapai Reservation, the Spokane Reservation, the San Carlos
Apache Reservation, the Yavapai-Prescott Community
Reservations, the Pyramid Lake Reservation, the Gila River
Reservation, the Soboba Indian Reservation, the Viejas Indian
Reservation, the Tulalip Indian Reservation, the Navajo
Reservation, the Cabazon Indian Reservation, the Muckleshoot
Indian Reservation and land held in trust for the Muckleshoot
Indian Tribe, the Mille Lacs Reservation with respect to a
lease between an entity established by the Mille Lacs Band of
Chippewa Indians and the Minnesota Historical Society, leases
of [the the lands] the land comprising the Moses Allotment
Numbered 8 and the Moses Allotment Numbered 10, Chelan County,
Washington, and lands held in trust for the Las Vegas Paiute
Tribe of Indians, and lands held in trust for the Twenty-nine
Palms Band of Luiseno Mission Indians, and lands held in trust
for the Reno Sparks Indian Colony, lands held in trust for the
Torres Martinez Desert Cahuilla Indians, lands held in trust
for the Guidiville Band of Pomo Indians of the Guidiville
Indian Rancheria, lands held in trust for the Confederated
Tribes of the Umatilla Indian Reservation, lands held in trust
for the Confederated Tribes of the Warm Springs Reservation of
Oregon, land held in trust for the Coquille Indian Tribe, land
held in trust for the Confederated Tribes of Siletz Indians,
land held in trust for the Confederated Tribes of the Coos,
Lower Umpqua, and Siuslaw Indians, land held in trust for the
Klamath Tribes, and land held in trust for the Burns Paiute
Tribe, and lands held in trust for the Cow Creek Band of Umpqua
Tribe of Indians, land held in trust for the Prairie Band
Potawatomi Nation, lands held in trust for the Cherokee Nation
of Oklahoma, land held in trust for the Fallon Paiute Shoshone
Tribes, [lands held in trust for the Pueblo of Santa Clara,]
land held in trust for the Yurok Tribe, land held in trust for
the Hopland Band of Pomo Indians of the Hopland Rancheria,
lands held in trust for the Yurok Tribe, lands held in trust
for the Hopland Band of Pomo Indians of the Hopland Rancheria,
lands held in trust for the Confederated Tribes of the Colville
Reservation, lands held in trust for the Cahuilla Band of
Indians of California, lands held in trust for the confederated
Tribes of the Grand Ronde Community of Oregon, and the lands
held in trust for the Confederated Salish and Kootenai Tribes
of the Flathead Reservation, Montana, and leases to the Devils
Lake Sioux Tribe, or any organization of such tribe, of land on
the Devils Lake Sioux Reservation, and [lands held in trust for
Ohkay Owingeh Pueblo] which may be for a term of not to exceed
ninety-nine years, and except leases of land held in trust for
the Morongo Band of Mission Indians which may be for a term of
not to exceed 50 years, and except leases of land for grazing
purposes which may be for a term of not to exceed ten years.
Leases for public, religious, educational, recreational,
residential, or business purposes with the consent of both
parties may include provisions authorizing their renewal for
one additional term of not to exceed twenty-five years, and all
leases and renewals shall be made under such terms and
regulations as may be prescribed by the Secretary of the
Interior. Prior to approval of any lease or extension of an
existing lease pursuant to this section, the Secretary of the
Interior shall first satisfy himself that adequate
consideration has been given to the relationship between the
use of the leased lands and the use of neighboring lands; the
height, quality, and safety of any structures or other
facilities to be constructed on such lands; the availability of
police and fire protection and other services; the availability
of judicial forums for all criminal and civil causes arising on
the leased lands; and the effect on the environment of the uses
to which the leased lands will be subject.
(b) Any lease by the Tulalip Tribes, the Puyallup Tribe of
Indians, the Swinomish Indian Tribal Community, or the Kalispel
Tribe of Indians under subsection (a) of this section, except a
lease for the exploitation of any natural resource, shall not
require the approval of the Secretary of the Interior (1) if
the term of the lease does not exceed fifteen years, with no
option to renew, (2) if the term of the lease does not exceed
thirty years, with no option to renew, and the lease is
executed pursuant to tribal regulations previously approved by
the Secretary of the Interior, or (3) if the term does not
exceed seventy-five years (including options to renew), and the
lease is executed under tribal regulations approved by the
Secretary under this clause (3).
(c) Leases Involving the Hopi Tribe and the Hopi Partitioned
Lands Accommodation Agreement.--Notwithstanding subsection (a),
a lease of land by the Hopi Tribe to Navajo Indians on the Hopi
Partitioned Lands may be for a term of 75 years, and may be
extended at the conclusion of the term of the lease.
(d) Definitions.--For purposes of this section--
(1) the term ``Hopi Partitioned Lands'' means lands
located in the Hopi Partitioned Area, as defined in
section 168.1(g) of title 25, Code of Federal
Regulations (as in effect on the date of enactment of
this subsection);
(2) the term ``Navajo Indians'' means members of the
Navajo Tribe;
(3) the term ``individually owned Navajo Indian
allotted land'' means a single parcel of land that--
(A) is located within the jurisdiction of the
Navajo Nation;
(B) is held in trust or restricted status by
the United States for the benefit of Navajo
Indians or members of another Indian tribe; and
(C) was--
(i) allotted to a Navajo Indian; or
(ii) taken into trust or restricted
status by the United States for an
individual Indian;
(4) the term ``interested party'' means an Indian or
non-Indian individual or corporation, or tribal or non-
tribal government whose interests could be adversely
affected by a tribal trust land leasing decision made
by an applicable Indian tribe;
(5) the term ``Navajo Nation'' means the Navajo
Nation government that is in existence on the date of
enactment of this Act or its successor;
(6) the term ``petition'' means a written request
submitted to the Secretary for the review of an action
(or inaction) of an Indian tribe that is claimed to be
in violation of the approved tribal leasing
regulations;
(7) the term ``Secretary'' means the Secretary of the
Interior;
(8) the term ``tribal regulations'' means regulations
enacted in accordance with applicable tribal law and
approved by the Secretary;
(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.
(e)(1) Any leases by the Navajo Nation for purposes
authorized under subsection (a), and any amendments thereto,
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 two 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 Navajo
Nation through the promulgation of regulations.
(2) Paragraph (1) shall not apply to individually owned
Navajo Indian allotted land.
(3) The Secretary shall have the authority to approve or
disapprove tribal regulations referred to under paragraph (1).
The Secretary shall approve such tribal regulations if such
regulations are consistent with the regulations of the
Secretary under subsection (a), and any amendments thereto, and
provide for an environmental review process. The Secretary
shall review and approve or disapprove the regulations of the
Navajo Nation within 120 days of the submission of such
regulations to the Secretary. Any disapproval of such
regulations by the Secretary shall be accompanied by written
documentation that sets forth the basis for the disapproval.
Such 120-day period may be extended by the Secretary after
consultation with the Navajo Nation.
(4) If the Navajo Nation has executed a lease pursuant to
tribal regulations under paragraph (1), the Navajo Nation shall
provide the Secretary with--
(A) a copy of the lease and all amendments and
renewals thereto; and
(B) in the case of regulations or a lease that
permits payment to be made directly to the Navajo
Nation, documentation of the lease payments sufficient
to enable the Secretary to discharge the trust
responsibility of the United States under paragraph
(5).
(5) The United States shall not be liable for losses
sustained by any party to a lease executed pursuant to tribal
regulations under paragraph (1), including the Navajo Nation.
Nothing in this paragraph shall be construed to diminish the
authority of the Secretary to take appropriate actions,
including the cancellation of a lease, in furtherance of the
trust obligation of the United States to the Navajo Nation.
(6)(A) An interested party may, after exhaustion of tribal
remedies, submit, in a timely manner, a petition to the
Secretary to review the compliance of the Navajo Nation with
any regulations approved under this subsection. If upon such
review the Secretary determines that the regulations were
violated, the Secretary may take such action as may be
necessary to remedy the violation, including rescinding the
approval of the tribal regulations and reassuming
responsibility for the approval of leases for Navajo Nation
tribal trust lands.
(B) If the Secretary seeks to remedy a violation described in
subparagraph (A), the Secretary shall--
(i) make a written determination with respect to the
regulations that have been violated;
(ii) provide the Navajo Nation with a written notice
of the alleged violation together with such written
determination; and
(iii) prior to the exercise of any remedy or the
rescission of the approval of the regulation involved
and the reassumption of the lease approval
responsibility, provide the Navajo Nation with a
hearing on the record and a reasonable opportunity to
cure the alleged violation.
(f) Any contract, including a lease or construction contract,
affecting land within the Gila River Indian Community
Reservation may contain a provision for the binding arbitration
of disputes arising out of such contract. Such contracts shall
be considered within the meaning of ``commerce'' as defined and
subject to the provisions of section 1 of title 9, United
States Code. Any refusal to submit to arbitration pursuant to a
binding agreement for arbitration or the exercise of any right
conferred by title 9 to abide by the outcome of arbitration
pursuant to the provisions of chapter 1 of title 9, sections 1
through 14, United States Code, shall be deemed to be a civil
action arising under the Constitution, laws or treaties of the
United States within the meaning of section 1331 of title 28,
United States Code.
(g) Lease of Tribally-Owned Land by Assiniboine and Sioux
Tribes of the Fort Peck Reservation.--
(1) In general.--Notwithstanding subsection (a) and
any regulations under part 162 of title 25, Code of
Federal Regulations (or any successor regulation),
subject to paragraph (2), the Assiniboine and Sioux
Tribes of the Fort Peck Reservation may lease to the
Northern Border Pipeline Company tribally-owned land on
the Fort Peck Indian Reservation for 1 or more
interstate gas pipelines.
(2) Conditions.--A lease entered into under paragraph
(1)--
(A) shall commence during fiscal year 2011
for an initial term of 25 years;
(B) may be renewed for an additional term of
25 years; and
(C) shall specify in the terms of the lease
an annual rental rate--
(i) which rate shall be increased by
3 percent per year on a cumulative
basis for each 5-year period; and
(ii) the adjustment of which in
accordance with clause (i) shall be
considered to satisfy any review
requirement under part 162 of title 25,
Code of Federal Regulations (or any
successor regulation).
(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 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.
* * * * * * *