S 703 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 703CommentsClose CommentsPermalink

To amend the Long-Term Leasing Act, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

March 31, 2011CommentsClose CommentsPermalink

Mr. BARRASSO (for himself, Mr. AKAKA, Mr. THUNE, Mr. JOHNSON of South Dakota, Mr. TESTER, and Mr. UDALL of New Mexico) introduced the following bill; which was read twice and referred to the Committee on Indian AffairsCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend the Long-Term Leasing Act, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Helping Expedite and Advance Responsible Tribal Homeownership Act of 2011’ or the ‘HEARTH Act of 2011’.CommentsClose CommentsPermalink

SEC. 2. APPROVAL OF, AND PROVISIONS RELATING TO, TRIBAL LEASES.

(a) Definitions- Subsection (d) of the first section of the Act of August 9, 1955 (25 U.S.C. 415(d)) (commonly known as the ‘Long-Term Leasing Act’), is amended--CommentsClose CommentsPermalink





(1) in paragraph (4), by striking ‘the Navajo Nation’ and inserting ‘an applicable Indian tribe’;CommentsClose CommentsPermalink





(2) in paragraph (6), by striking ‘the Navajo Nation’ and inserting ‘an Indian tribe’;CommentsClose CommentsPermalink





(3) in paragraph (7), by striking ‘and’ after the semicolon at the end;CommentsClose CommentsPermalink





(4) in paragraph (8)--CommentsClose CommentsPermalink





(A) by striking ‘the Navajo Nation’;CommentsClose CommentsPermalink





(B) by striking ‘with Navajo Nation law’ and inserting ‘with applicable tribal law’; andCommentsClose CommentsPermalink





(C) by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(5) by adding at the end the following:CommentsClose CommentsPermalink





‘(9) the term ‘Indian tribe’ has the meaning given the term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).’.CommentsClose CommentsPermalink





(b) Tribal Approval of Leases- The first section of the Act of August 9, 1955 (25 U.S.C. 415) (commonly known as the ‘Long-Term Leasing Act’), is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(h) Tribal Approval of Leases-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to paragraph (2) and at the discretion of any Indian tribe, any lease by the Indian tribe for the purposes authorized under 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--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) ALLOTTED LAND- Paragraph (1) shall not apply to any lease of land (including an interest in land) held in trust for an individual Indian.CommentsClose CommentsPermalink





‘(3) AUTHORITY OF SECRETARY OVER TRIBAL REGULATIONS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary shall have the authority to approve or disapprove any tribal regulations issued in accordance with paragraph (1).CommentsClose CommentsPermalink





‘(B) CONSIDERATIONS FOR APPROVAL- The Secretary shall approve any tribal regulation issued in accordance with paragraph (1), if the tribal regulations--CommentsClose CommentsPermalink





‘(i) are consistent with any regulations issued by the Secretary under subsection (a); andCommentsClose CommentsPermalink





‘(ii) provide for an environmental review process that includes--CommentsClose CommentsPermalink





‘(I) the identification and evaluation of any significant effects of the proposed action on the environment; andCommentsClose CommentsPermalink





‘(II) a process for ensuring that--CommentsClose CommentsPermalink

‘(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; andCommentsClose CommentsPermalink

‘(bb) the Indian tribe provides responses to relevant and substantive public comments on those impacts before the Indian tribe approves the lease.CommentsClose CommentsPermalink

‘(4) REVIEW PROCESS-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(C) EXTENSION- The deadline described in subparagraph (A) may be extended by the Secretary, after consultation with the Indian tribe.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(6) DOCUMENTATION- If an Indian tribe executes a lease pursuant to tribal regulations under paragraph (1), the Indian tribe shall provide the Secretary with--CommentsClose CommentsPermalink





‘(A) a copy of the lease, including any amendments or renewals to the lease; andCommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(7) TRUST RESPONSIBILITY-CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(8) COMPLIANCE-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(C) DOCUMENTATION- If the Secretary determines that a violation of the tribal regulations has occurred and a remedy is necessary, the Secretary shall--CommentsClose CommentsPermalink





‘(i) make a written determination with respect to the regulations that have been violated;CommentsClose CommentsPermalink





‘(ii) provide the applicable Indian tribe with a written notice of the alleged violation together with such written determination; andCommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(I) a hearing that is on the record; andCommentsClose CommentsPermalink





‘(II) a reasonable opportunity to cure the alleged violation.CommentsClose CommentsPermalink





‘(9) SAVINGS CLAUSE- Nothing in this subsection shall affect subsection (e) or any tribal regulations issued under that subsection.’.CommentsClose CommentsPermalink





(c) Land Title Reports-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 180 days after the date on which funds are first made available to carry out this Act, the Bureau of Indian Affairs shall prepare and submit to the Committees on Financial Services and Natural Resources of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Indian Affairs of 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 (referred to in this subsection as the ‘LTRO’) functions from the Bureau of Indian Affairs.CommentsClose CommentsPermalink





(2) CONSULTATION- In conducting the review under paragraph (1), the Bureau of Indian Affairs shall consult with the Department of Housing and Urban Development Office of Native American Programs and the Indian tribes that are managing LTRO functions (referred to in this subsection as the ‘managing Indian tribes’).CommentsClose CommentsPermalink





(3) CONTENTS- The review under paragraph (1) shall include an analysis of the following factors:CommentsClose CommentsPermalink





(A) Whether and how tribal management of the LTRO functions has expedited the processing and issuance of Indian land title certifications as compared to the period during which the Bureau of Indian Affairs managed the programs.CommentsClose CommentsPermalink





(B) Whether and how tribal management of the LTRO functions has increased home ownership among the population of the managing Indian tribe.CommentsClose CommentsPermalink





(C) What internal preparations and processes were required of the managing Indian tribes prior to assuming management of the LTRO functions.CommentsClose CommentsPermalink





(D) Whether tribal management of the LTRO functions resulted 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.CommentsClose CommentsPermalink





(E) 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.CommentsClose CommentsPermalink