[House Report 117-681]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 117-681
======================================================================
TO AUTHORIZE LEASES OF UP TO 99 YEARS FOR LANDS HELD IN TRUST FOR THE
CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION
_______
December 30, 2022.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Grijalva, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H. Res. 1478]
The Committee on Natural Resources, to w hom was referred
the bill (H.R. 6964) to authorize leases of up to 99 years for
lands held in trust for the Confederated Tribes of the Chehalis
Reservation, having considered the same, reports favorably
thereon without amendment and recommends that the bill do pass.
Purpose of the Bill
The purpose of H.R. 6964 is to authorize leases of up to 99
years for lands held in trust for the Confederated Tribes of
the Chehalis Reservation.
Background and Need for Legislation
To develop supply chain infrastructure, the Confederated
Tribes of the Chehalis Reservation seeks to finance
improvements on an existing facility located on tribal trust
land so that it can secure a lease of the facility with an
outside entity. The financing required for the project requires
a lease agreement term of at least 86 years, which is currently
not an option for the Tribe under the terms of the Long-Term
Leasing Act.
The Long-Term Leasing Act provides the authority for
federally recognized tribes to enter into surface lease
agreements with third parties under the approval of the
Secretary of the Interior. Notably, the Act limits lease
agreement terms to no more than 25 years with an option to
renew for an additional 25 years. Since its enactment, tribal
governments have sought economic development opportunities that
often require lease agreements for terms longer than 50 years
on their lands. Many tribal governments have approached
Congress to amend the Act so that they are authorized to extend
lease agreements for longer than the 50-year maximum.
Legislation to add the name of a federally recognized
Indian tribe to the Long-Term Leasing Act has historically been
accomplished through technical amendments and remains non-
controversial. Since the Act's enactment in 1955, Congress has
added 59 tribes to the Act for this purpose. The most recent
addition was signed into law in 2018 for the Crow Tribe of
Montana. H.R. 6964 will serve as a Long-Term Leasing Act fix
for the Chehalis Tribe and allow the Tribe to pursue its
planned economic development activities.
On December 22, 2022, Congress passed S. 3773, the Senate
companion bill to H.R. 6964. As of the writing of this report,
President Biden is expected to sign the bill into law.
Committee Action
H.R. 6964 was introduced on March 7, 2022, by
Representative Marilyn Strickland (D-WA). The bill was referred
solely to the Committee on Natural Resources, and within the
Committee to the Subcommittee for Indigenous Peoples of the
United States. On September 14, 2022, the Subcommittee held a
hearing on the bill. On December 8, 2022, the Natural Resources
Committee met to consider the bill. The Subcommittee was
discharged by unanimous consent. The bill was adopted and
ordered favorably reported to the House of Representatives by
unanimous consent.
Hearings
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
hearing by the Subcommittee for Indigenous Peoples of the
United States held on September 14, 2022.
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) of rule XIII
of the Rules of the House of Representatives and section 308(a)
of the Congressional Budget Act of 1974 and with respect to
requirements of clause (3)(c)(3) and clause 3(d) of rule XIII
of the Rules of the House of Representatives and section 402 of
the Congressional Budget Act of 1974, the Committee has
requested but not received a cost estimate for this bill from
the Director of Congressional Budget Office. The Committee
adopts as its own cost estimate the forthcoming cost estimate
of the Director of the Congressional Budget Office, should such
cost estimate be made available before House passage of the
bill. The Committee has requested but not received from the
Director of the Congressional Budget Office a statement as to
whether this bill contains any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goals and
objectives of this bill are to authorize leases of up to 99
years for lands held in trust for the Confederated Tribes of
the Chehalis Reservation.
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.
Unfunded Mandates Reform Act Statement
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chair of
the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee, if such
estimate is not publicly available on the Congressional Budget
Office website.
Existing Programs
This bill does not establish or reauthorize a program of
the federal government known to be duplicative of another
program.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Preemption of State, Local, or Tribal Law
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
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 (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
ACT OF AUGUST 9, 1955
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, 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 lands 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, 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, land
held in trust for the Crow Tribe of Montana, land held in trust
for the Confederated Tribes of the Chehalis Reservation, and
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,
including 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, 99 years;
(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; and
(C) in the case of a lease for the
exploration, development, or extraction of any
mineral resource (including geothermal
resources), 25 years, except that--
(i) any such lease may include an
option to renew for 1 additional term
of not to exceed 25 years; and
(ii) any such lease for the
exploration, development, or extraction
of an oil or gas resource shall be for
a term of not to exceed 10 years, plus
such additional period as the Navajo
Nation determines to be appropriate in
any case in which an oil or gas
resource is produced in a paying
quantity.
(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.
* * * * * * *
Supplemental, Minority, Additional, or Dissenting Views
None.
[all]