[Senate Report 119-130]
[From the U.S. Government Publishing Office]
Calendar No. 459
119th Congress } { Report
SENATE
2d Session } 119-130
======================================================================
UNLOCKING NATIVE LANDS AND OPPORTUNITIES FOR
COMMERCE AND KEY ECONOMIC DEVELOPMENTS
ACT OF 2025
_______
July 16, 2026.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Indian Affairs,
submitted the following
R E P O R T
[To accompany S. 3383]
[Including cost estimate of the Congressional Budget Office]
The Committee on Indian Affairs, to which was referred the
bill (S. 3383) to amend the Act of August 9, 1955, to make
improvements to that Act, and for other purposes, having
considered the same, reports favorably thereon without
amendment and recommends that the bill, do pass.
PURPOSE
The purpose of S. 3383 is to amend the Act of August 9,
1955, also known as the Long-Term Leasing Act, to authorize all
federally recognized Tribes to issue leases of up to 99 years
on Tribal lands, and to amend the Act of February 5, 1948 to
allow Tribes to directly grant rights-of-way over and across
Tribal land pursuant to Tribal regulations approved by the
Secretary of the Interior.
BACKGROUND AND NEED
Many federally recognized Tribes possess the land and
natural resources necessary to support robust economic
development. However, outdated leasing and right-of-way
requirements that require Bureau of Indian Affairs (BIA)
approval often delay projects, limit Tribal self-determination,
and hinder effective use of federal infrastructure and economic
development funding.\1\
---------------------------------------------------------------------------
\1\For example, the Southern Ute Indian Tribe previously testified
that review of some of its energy-related rights-of-way took as long as
8 years. See Hearing on the Indian Tribal Energy and Self Determination
Act Amendments (S. 2132), 113th Cong. (April 30, 2014) (statement of
the Honorable James M. Olguin, Acting Chairman, Southern Ute Indian
Tribal Council on behalf of the Southern Ute Indian Tribe).
---------------------------------------------------------------------------
Long-Term Leasing Authority
The Long-Term Leasing Act is currently the primary
mechanism authorizing federally recognized Tribes to lease
Tribal lands.\2\ However, leases under the Act require
Secretarial approval and are limited to an initial term of 25
years, with one renewal of up to 25 years.\3\ These constraints
can discourage private developers and lenders from financing or
investing in large-scale projects on Tribal lands because they
lack longer-term leasing certainty. Currently, Tribes may
obtain extended leasing authority only through individual acts
of Congress, creating a time-consuming and inconsistent process
that limits broad access to long-term leasing needed for
economic development for all federally recognized Tribes. To
date, Congress has amended the Long-Term Leasing Act to provide
58 Tribes with Tribe-specific long-term leasing authority that
differs from the Act's generally applicable framework, which
otherwise governs many leases of restricted Tribal and
individual Indian lands.\4\
---------------------------------------------------------------------------
\2\Long-Term Leasing Act of 1955, 25 U.S.C. Sec. 415.
\3\Id.
\4\See 25 U.S.C. 415(a)-(e) (codifying each Tribal exception,
including Tribes mentioned twice to include reservation and then lands
held in trust for the Tribe).
---------------------------------------------------------------------------
Authority to Grant Rights-of-Way
In 2012, Congress enacted the Helping Expedite and Advance
Responsible Tribal Homeownership (HEARTH) Act to reduce
administrative barriers to Tribal economic development. Under
the HEARTH Act, once the Secretary of the Interior has approved
the Tribe's leasing regulations, the Tribe may approve leases
of trust and restricted lands without further case-by-case
approval from the BIA.\5\ This authority allows Tribes to
directly execute leases for residential, business,
agricultural, energy, and other development purposes, reducing
delays and uncertainty associated with federal review and
increasing local control over land-use decisions.
---------------------------------------------------------------------------
\5\Helping Expedite and Advance Responsible Tribal Homeownership
(HEARTH) Act of 2012, Pub. L. No. 112-151 (2012).
---------------------------------------------------------------------------
However, implementation of the HEARTH Act revealed a gap in
the framework regarding rights-of-way. Specifically, while
Tribes may approve and issue leases for business, agricultural,
residential, energy, and other development, the statute does
not expressly affirm Tribal authority to issue associated
rights-of-way for the infrastructure needed to support such
development. This gap places Tribes in the position of being
able to issue leases for their development projects, but having
to wait years for federal approval of associated rights-of-
way.\6\
---------------------------------------------------------------------------
\6\See Legislative Hearing on S. 195, S. 382, and S. 1322 Before
the S. Comm. on Indian Affairs, 118th Cong. 14-15, 16 (2023).
---------------------------------------------------------------------------
In the contemporary leasing market, prospective lessees and
financial institutions require the security of longer term
leases, as well as a timely process for obtaining leases and
associated rights-of-way for development projects. The
Department of the Interior has testified in favor of amending
the Long-Term Leasing Act to extend 99-year leasing authority
to all federally recognized Tribes,\7\ and to affirm Tribal
authority to grant rights-of-way without Secretarial approval
pursuant to Tribal leasing regulations.\8\
---------------------------------------------------------------------------
\7\Id. (statement of Bryan Newland, Assistant Secretary-Indian
Affairs, U.S. Department of the Interior).
\8\Id. See also, Oversight Hearing on Buy Native American: Federal
Support for Native Businesses Capacity Building and Success Before the
S. Comm. on Indian Affairs, 117th Cong. 20 (2022).
---------------------------------------------------------------------------
SUMMARY
S. 3383 would amend the Act of August 9, 1955, (Long-Term
Leasing Act), to authorize federally recognized Tribes that are
not currently authorized to lease lands under the Act to issue
leases of up to 99 years on Tribal lands. The bill also makes a
technical correction to clarify that ``Secretary'' refers to
the Secretary of the Interior in section 415a. S. 3383 would
also amend the Act of February 5, 1948 to authorize Tribes to
directly grant rights-of-way over and across Tribal lands
pursuant to Tribal regulations approved by the Secretary of the
Interior.
LEGISLATIVE HISTORY
S. 3383 was introduced by Senators Schatz and Murkowski on
December 8, 2025. The Committee held a business meeting on
December 17, 2025, to consider S. 3383 and ordered the bill to
be reported favorably, without amendment.
In the 118th Congress, Senators Schatz and Murkowski
introduced a similar bill, S. 1322, on April 26, 2023. The
Committee held a legislative hearing on S. 1322 on May 3, 2023
(S. Hrg. 118-105). The Committee held a business meeting to
consider S. 1322 on March 12, 2024, and ordered the bill
reported with an amendment in the nature of a substitute
favorably (S. Rept. 118-159). S. 1322, as amended, passed the
Senate by voice vote on November 21, 2024.
COMMITTEE RECOMMENDATION
The Senate Committee on Indian Affairs in an open business
meeting on December 17, 2025, by a voice vote of a quorum
present, recommends that the Senate pass S. 3383, without
amendment.
SECTION-BY-SECTION ANALYSIS
Section 1--Short title
This section provides the short title of the bill as the
``Unlocking Native Lands and Opportunities for Commerce and Key
Economic Developments Act of 2025.''
Section 2--Modification of Tribal leases and rights-of-way across
Indian lands
Section 2(a) amends the Long-Term Leasing Act to clarify
that the leasing authority under the Act applies to land held
in trust for all federally recognized tribes as listed under
the Federally Recognized Indian Tribe List Act of 1994 and
strikes the existing subsections in the Act that limited leases
to specific 25-year and renewal terms, to allow for longer
lease terms up to 99 years.
Section 2(b) makes a technical correction to clarify that
``Secretary'' refers to the Secretary of the Interior in
section 415a of the Long-Term Leasing Act.
Section 2(c) amends the Act of February 5, 1948 (62 Stat.
17, chapter 45) to authorize Indian Tribes to issue rights-of-
way without Secretarial approval pursuant to approved Tribal
regulations, establishes a process and timeline for Secretarial
review and approval of such Tribal regulations, requires Tribes
granting rights-of-way to submit copies of such rights-of-way
to the Secretary, clarifies that the United States is not
liable for economic losses sustained as a result of Tribally-
granted rights-of-way, provides for Secretarial enforcement of
Tribally-granted rights-of-way in specified circumstances,
clarifies that related terms of compensation are to be
determined by Tribal regulations or negotiations, and preserves
the applicability of other existing regulations and Tribal
sovereign immunity.
COST AND BUDGETARY CONSIDERATIONS
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 3383 would allow Indian tribes to lease any restricted
tribal land (tribal or individually owned) to third parties for
up to 99 years with the 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. The bill also would
allow tribes to grant rights-of-way on tribal land for any
purpose without the approval of DOI. Any proceeds from leases
or rights-of-way would accrue to the tribes.
Using information from DOI, CBO estimates that the cost to
implement S. 3383 would be insignificant; any related spending
would be subject to the availability of appropriated funds.
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.
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. 3383 will
have minimal impact on regulatory or paperwork requirements.
EXECUTIVE TESTIMONY AND COMMUNICATIONS
The testimony provided by the Department of the Interior
from the May 3, 2023, hearing on S. 1322 follows:
statement of bryan newland, assistant secretary, indian affairs, u.s.
department of the interior
s. 1322, unlocking native lands and opportunities for commerce and key
economic developments act of 2025
Thank you, Mr. Chairman, and Madam Vice Chair, and members
of the Committee. I often take third billing in my own house,
so I appreciate the chance to do so here before the Committee.
I serve as the Assistant Secretary for Indian Affairs and I
appreciate the opportunity to present the Department's views on
. . . the UNLOCKED Act, Unlocking Native Lands and
Opportunities for Commerce and Key Economic Developments. . . .
The UNLOCKED Act would amend the Long-Term Leasing Act. The
Long-Term Leasing Act provides authority for tribes to enter
into surface leases for up to 50 years. This maximum term often
limits the ability of tribes to engage in long-term planning
and economic development.
Over the years, as the Vice Chair noted, Congress has
amended this act to permit individual tribes to enter into
leases for longer than 50 years. Each addition has required
separate legislation, which is time consuming and resource
draining for tribes.
The UNLOCKED Act makes three significant amendments to the
Long-Term Leasing act. It increases the maximum lease term for
tribes up to 99 years. It clarifies that the Long-Term Leasing
Act authorizes leases for certain purposes, and they can
include the necessary utilization of natural resources. And it
would authorize tribes to approve rights-of-way without further
approval of the Secretary of the Interior, if a tribe's rights-
of-way approval process is consistent with the department's
leasing regulations or if a tribe has regulations approved by
the Secretary under that section.
The UNLOCKED Act will build upon the success of the HEARTH
Act, which restored tribes' ability to control the leasing of
their own lands. The department welcomes this Congressional
action to enhance tribal sovereignty and self-determination,
and we support the UNLOCKED Act. We are ready to provide any
technical assistance to the Committee that you may request.
CHANGES IN EXISTING LAW
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.
[all]