HR 3073 — Shivwits Band of Paiutes Jurisdictional Clarity Act

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

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.

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 the Shivwits Band of Paiutes, 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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