[House Report 118-422]
[From the U.S. Government Publishing Office]


118th Congress }                                             { Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                             { 118-422

======================================================================



 
   TO AUTHORIZE LEASES OF UP TO 99 YEARS FOR LAND HELD IN TRUST FOR 
                   FEDERALLY RECOGNIZED INDIAN TRIBES

                                _______
                                

 March 12, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

         Mr. Westerman, from the Committee on Natural Resources,  
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1246]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1246) to authorize leases of up to 99 years for 
land held in trust for federally recognized Indian Tribes, 
having considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                       Purpose of the Legislation

    The purpose of H.R. 1246 is to authorize leases of up to 99 
years for land held in trust for federally recognized Indian 
Tribes.

                  Background and Need for Legislation

    With the enactment of the Non-intercourse Act in 1834,\1\ 
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 Indian tribes or land that 
is subject to a restriction against alienation prescribed by 
other Acts of Congress.\2\
---------------------------------------------------------------------------
    \1\25 USC 177.
    \2\25 USC 2216.
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    In 1955, Congress passed the Long-Term Leasing Act (LTLA), 
which generally authorizes any Indian lands held in trust or 
land subject to a restriction against alienation, to be leased 
by the Indian owner, subject to the approval of the Secretary 
of the Interior, for 25 years, except for grazing purposes.\3\ 
The original 1955 Act also specified that non-grazing leases 
may be renewed up to one additional term of 25 years, for a 
total of 50 years.\4\
---------------------------------------------------------------------------
    \3\P.L. 255. Ch. 615, Sec. 1, 69 Stat. 539.
    \4\Id.
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    Lease authority up to 99 years is often needed for long-
term commercial leases and for some financing contracts. 
Ensuring tribes can negotiate effectively, and on the same 
playing field as other landholders, can clear the way for 
further economic development, especially in rural or extra 
rural areas. In 2022, the Confederated Tribes of the Chehalis 
Reservation testified specifically on how expanded leasing 
authority would bolster its economic development plans and how 
these activities can help fund its government programs and 
helps to diversify its economic interests.\5\
---------------------------------------------------------------------------
    \5\https://docs.house.gov/meetings/II/II24/20220914/115095/HHRG-
117-II24-Wstate-PickernellH-20220914.pdf.
---------------------------------------------------------------------------
    Congress has amended the LTLA more than 50 times to adjust 
the terms and conditions of leases of Indian lands, and to 
authorize specific Indian land or tribes to lease land for a 
term of up to 99 years, subject to approval of the Secretary of 
the Interior. Most recently, the LTLA was amended to provide 
additional leasing authority for the Confederated Tribes of the 
Chehalis Reservation,\6\ the Navajo Nation,\7\ and the Pueblo 
of Santa Clara\8\ for terms up to 99 years. By proactively 
extending this authority to all federally recognized tribes, 
economic development plans can proceed on a more expedited 
path.
---------------------------------------------------------------------------
    \6\P.L. 117-346.
    \7\P.L. 115-325.
    \8\P.L. 115-227.
---------------------------------------------------------------------------
    H.R. 1246 would amend the LTLA to authorize any federally 
recognized Indian tribe to lease land held in trust for the 
benefit of the tribe for up to 99 years, subject to approval of 
the Secretary of the Interior.

                            Committee Action

    H.R. 1246 was introduced on February 28, 2023, by Rep. 
Harriet Hageman (R-WY). The bill was referred to the Committee 
on Natural Resources, and within the Committee to the 
Subcommittee on Indian and Insular Affairs. On March 24, 2023, 
the Subcommittee on Indian and Insular Affairs held a hearing 
on the bill. On January 17, 2024, the Committee on Natural 
Resources met to consider the bill. The Subcommittee on Indian 
and Insular Affairs was discharged from further consideration 
of H.R. 1246 by unanimous consent. The bill was then 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 on Indian and Insular Affairs held 
on March 24, 2023.

                      Section-by-Section Analysis


Section 1. Federally recognized tribe leasing authority

    Amends second sentence of Subsection (a) of the Long-Term 
leasing Act by inserting ``, land held in trust for any other 
Indian tribe included on the list published by the Secretary 
pursuant to section 104 of the Federally Recognized Indian 
Tribe List Act of 1994 (25 U.S.C. 5131'' after ``Chehalis 
Reservation''.

            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:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    H.R. 1246 would allow Indian tribes to lease their land 
held in trust for a term of up to 99 years with approval of the 
Department of the Interior (DOI). 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. Any 
proceeds from leases would accrue to the tribes. Using 
information from DOI, CBO estimates that the cost to implement 
H.R. 1246 would be insignificant; any spending would be subject 
to the availability of appropriated funds.
    On January 17, 2024, CBO transmitted a cost estimate for S. 
1322, the Unlocking Native Lands and Opportunities for Commerce 
and Key Economic Developments Act of 2023, as ordered reported 
by the Senate Committee on Indian Affairs, on July 19, 2023. 
The bills are similar, though S. 1322 also would allow 
individual Indian owners of restricted land to lease their land 
for up to 99 years and provide tribes with the authority to 
approve certain types of rights-of-way without obtaining 
approval from DOI. H.R. 1246 does not include that provision. 
CBO's estimated costs are the same for both bills.
    The CBO staff contact for this estimate is Julia Aman. The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Director 
of Budget Analysis.

                                       Phillip L. Swagel,
                           Director, Congressional Budget Office.

    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 authorize leases of up to 99 years 
for land held in trust for federally recognized Indian Tribes.

                           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

    According to the Congressional Budget Office, H.R. 1246 
contains no unfunded mandates as defined in the Unfunded 
Mandates Reform Act.

                           Existing Programs

    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.

                  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


  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, 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, land 
held in trust for any other Indian tribe included on the list 
published by the Secretary pursuant to section 104 of the 
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
5131), 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.

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