HR 2523 IH
111th CONGRESS
1st Session
H. R. 2523
To amend the Act titled ‘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’, approved August 9, 1955, to provide for Indian tribes to enter into certain leases without prior express approval from the Secretary of the Interior.
IN THE HOUSE OF REPRESENTATIVES
May 20, 2009
Mr. HEINRICH introduced the following bill; which was referred to the Committee on Natural Resources
A BILL
To amend the Act titled ‘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’, approved August 9, 1955, to provide for Indian tribes to enter into certain leases without prior express approval from the Secretary of the Interior.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Helping Expedite and Advance Responsible Tribal Homeownership Act’ or the ‘HEARTH Act’.
SEC. 2. APPROVAL OF, AND REGULATIONS RELATED TO, TRIBAL LEASES.
The first section of the Act titled ‘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’, approved August 9, 1955 (25 U.S.C. 415) is amended as follows:
(1) In subsection (d)--
‘(2) the term ‘Indian tribe’ has the meaning given such term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e));’;
(B) in paragraph (3)--
(i) in the matter preceding subparagraph (A), by striking ‘Navajo Indian’;
(ii) in subparagraph (A), by striking ‘the Navajo Nation’ and inserting ‘an Indian tribe’;
(iii) in subparagraph (B), by striking ‘Navajo Indians or members of another Indian tribe’ and inserting ‘an Indian tribe or a member of an Indian tribe’; and
(iv) in subparagraph (C)(I), by striking ‘Navajo Indian’ and inserting ‘member of an Indian tribe’;
(C) in paragraph (4), by striking ‘the Navajo Nation’ and inserting ‘an applicable Indian tribe’;
(D) by striking paragraph (5) and redesignating paragraphs (6), (7), and (8) as paragraphs (5), (6), and (7), respectively;
(E) in paragraph (5) (as redesignated), by striking ‘the Navajo Nation’ and inserting ‘an Indian tribe’; and
(F) in paragraph (7) (as redesignated)--
(i) by striking ‘the Navajo Nation’; and
(ii) by striking ‘with Navajo Nation law’ and inserting ‘with applicable tribal law’.
(2) In subsection (e)--
(A) by amending the subsection heading to read as follows: ‘Approval of Leases--Tribal Discretion- ’;
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking ‘Any leases by the Navajo Nation’ and inserting ‘At the discretion of any Indian tribe, any leases by the applicable Indian tribe’; and
(ii) in subparagraph (B), by striking ‘Navajo Nation’ and inserting ‘applicable Indian tribe’;
(C) in paragraph (2), by striking ‘Navajo’;
(D) in paragraph (3)--
(i) by striking ‘the regulations of the Navajo Nation’ and inserting ‘such regulations’; and
(ii) by striking ‘with the Navajo Nation’ and inserting ‘with the applicable Indian tribe’;
(E) in paragraph (4), by striking ‘Navajo Nation’ each place it appears and inserting ‘applicable Indian tribe’;
(F) in paragraph (5)--
(i) by striking ‘paragraph (1), including the Navajo Nation.’ and inserting ‘paragraph (1).’; and
(ii) by striking ‘to the Navajo Nation’ and inserting ‘to the applicable Indian tribe’;
(G) in paragraph (6)(A)--
(i) by striking ‘of the Navajo Nation’ and inserting ‘of the applicable Indian tribe’; and
(ii) by striking ‘Navajo Nation tribal’ and inserting ‘tribal’; and
(H) in paragraph (6)(B), by striking ‘Navajo Nation’ both places it appears and inserting ‘applicable Indian tribe’.
SEC. 3. LAND TITLE REPORTS--REVIEW AND REPORT TO CONGRESS.
Not later than 180 days after funds are made available for this section, the Bureau of Indian Affairs shall prepare and submit to the Committees on Financial Services and Natural Resources in the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Indian Affairs in the Senate a report regarding the history and experience of Indian tribes that have chosen to assume responsibility for operating the Indian Land Title and Records Office (hereafter referred to as the ‘LTRO’) functions from the Bureau of Indian Affairs. In conducting the review, the Bureau of Indian Affairs shall consult with the Department of Housing and Urban Development Office of Native American Programs and those Indian tribes that are managing LTRO functions (hereafter referred to as the ‘managing Indian tribes’). The review shall include an analysis of the following factors:
(1) Whether and how tribal management of the LTRO functions has expedited the processing and issuance of Indian land title certifications as compared to when the Bureau of Indian Affairs managed these programs.
(2) Whether and how tribal management of the LTRO functions has increased home ownership among the managing Indian tribe’s population.
(3) What internal preparations and processes were required of the managing Indian tribes prior to assuming management of the LTRO functions.
(4) Whether tribal management of the LTRO functions resulting in a transfer of financial resources and manpower from the Bureau of Indian Affairs to the managing Indian tribes and, if so, what transfers were undertaken.
(5) Whether, in appropriate circumstances and with the approval of geographically proximate Indian tribes, the LTRO functions may be performed by a single Indian tribe or a tribal consortium in a cost effective manner.
U.S. Congress - Text of H.R.2523 as Introduced in House HEARTH Act
