[Senate Report 117-233]
[From the U.S. Government Publishing Office]
Calendar No. 591
117th Congress } { Report
SENATE
2d Session } { 117-233
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A BILL TO AUTHORIZE LEASES OF UP TO 99 YEARS FOR LAND HELD IN TRUST FOR
THE CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION
_______
December 6, 2022.--Ordered to be printed
_______
Mr. Schatz, from the Committee on Indian Affairs,
submitted the following
R E P O R T
[To accompany S. 3773]
[Including cost estimate of the Congressional Budget Office]
The Committee on Indian Affairs, to which was referred the
bill (S. 3773), to authorize leases of up to 99 years for land
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
S. 3773 would amend the Long-Term Leasing Act of 1955 to
allow the Confederated Tribes of the Chehalis Reservation to
lease their restricted lands for up to 99 years.
BACKGROUND & NEED FOR LEGISLATION
In 1955, Congress passed the Long-Term Leasing Act\1\
authorizing federally recognized Indian tribes to enter into
surface leases of restricted lands with third parties, subject
to Secretarial approval. Unless otherwise designated, leases
entered into pursuant to this statute are limited to a term of
25 years, with the option to renew for one additional term of
up to 25 years.
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\1\Pub. L. No. 255, 69 Stat. 539.
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In an effort to improve supply chain infrastructure, the
Confederated Tribes seek to develop new and existing facilities
on Tribal trust land and to lease those facilities to outside
entities. The Tribes have multiple proposals to develop
warehouses between Seattle and Portland to serve supply chain
needs, but they cannot act on these proposals because the
prospective lessees and their private financiers require 99-
year lease terms due to current market demands.
Congress has granted 99 year leasing authority to 59 other
Tribes through similar legislation.\2\
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\2\The most recent addition was the Crow Tribe of Montana. (Pub. L.
No. 115-325, Sec. 206, 132 Stat. 4445).
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SUMMARY OF S. 3773
S. 3773 amends the Long-Term Leasing Act of 1955 by adding
the Confederated Tribes of the Chehalis Reservation to the list
of Tribes permitted to lease their restricted lands for a
period of up to 99 years.
SECTION-BY-SECTION ANALYSIS OF S. 3773 AS ORDERED REPORTED
Section 1--Confederated Tribes of the Chehalis Reservation Leasing
Authority
Subsection (a) amends the Long Term Leasing Act (25 U.S.C.
415(a)) by adding the Confederated Tribes of the Chehalis
Reservation to the list of existing Tribes permitted to lease
restricted lands for a term of 99 years.
LEGISLATIVE HISTORY
Senator Cantwell (D-WA) introduced S. 3773 on March 8,
2022. The Senate referred the bill to the Senate Committee on
Indian Affairs the same day. On March 23, 2022, the Committee
held a hearing to consider the bill. On May 18, 2022, the
Committee held a business meeting and ordered the bill to be
reported favorably.
COST AND BUDGETARY CONSIDERATIONS
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 31, 2022.
Hon. Brian Schatz,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 3773, a bill to
authorize leases of up to 99 years for land held in trust for
the Confederated Tribes of the Chehalis Reservation.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Julia Aman.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 3773 would authorize the Confederated Tribes of the
Chehalis Reservation, located in western Washington State, to
lease their land held in trust for a term of up to 99 years.
Under current law, the tribes cannot lease their trust land for
more than 25 years, with an option to renew the lease once for
another 25 years. Because any additional proceeds from such
leases would accrue to the tribes, CBO estimates that
implementing S. 3773 would have no effect on the federal
budget.
The CBO staff contact for this estimate is Julia Aman. The
estimate was reviewed by H. Samuel Papenfuss, Deputy Director
of Budget Analysis.
REGULATORY AND PAPERWORK IMPACT STATEMENT
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires each report accompanying a bill to evaluate the
regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee believes that S. 3773 will
have minimal impact on regulatory or paperwork requirements.
EXECUTIVE COMMUNICATIONS
The Committee has received no communications from the
Executive Branch regarding S. 3773.
CHANGES IN EXISTING LAW
On February 11, 2021 the Committee unanimously approved a
motion to waive subsection 12 of rule XXVI of the Standing
Rules of the Senate. In the opinion of the Committee, it is
necessary to dispense with subsection 12 of rule XXVI of the
Standing Rules of the Senate to expedite the business of the
Senate.
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