United States 112th Congress Status: Enacted

HR 205 — HEARTH Act of 2012

Last action — Became Public Law No: 112-151.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 06, 2011. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Helping Expedite and Advance Responsible Tribal Home Ownership Act of 2012 or HEARTH Act of 2012 - Extends to any Indian tribe the discretion granted under current law only to the Navajo Nation to lease restricted lands for business, agricultural, public, religious, educational, recreational, or residential purposes without the approval of the Secretary of the Interior. (The Secretary must still approve the tribal regulations under which those leases are executed and mining leases still require the Secretary's approval.) Sets forth the environmental review process required under tribal lease regulations before those regulations obtain the Secretary's approval. Requires the process to identify and evaluate any significant effects a proposed lease may have on the environment and allow public comment on those effects. Authorizes the Secretary to provide a tribe, upon the tribe's request, with technical assistance in developing a regulatory environmental review process. Allows tribes to rely on a federal environmental review process rather than the tribal environmental review process if the project under review is federally funded. Directs the Bureau of Indian Affairs (BIA) to report to Congress on the history and experience of Indian tribes that have chosen to assume the BIA's responsibility for operating the Indian Land Title and Records Office.

Bill Text

What changed in the latest version

91 added · 92 removed

Plain-language change summary

The text adds a reference to “with applicable tribal law” regarding long-term leases under certain regulations. It also clarifies that leases can be allotted to members of an Indian tribe and specifies conditions for lease execution under approved tribal regulations. This change matters because it provides clarity on the legal framework governing tribal leases, allowing for potential longer lease terms and renewals as specified in tribal regulations.

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[Congressional Bills 112th Congress] [From the U.S.
[112th Congress Public Law 151] [From the U.S.
Government Publishing Office] [H.R.
Government Publishing Office] [[Page 1149]] HELPING EXPEDITE AND ADVANCE RESPONSIBLE TRIBAL HOME OWNERSHIP ACT OF [[Page 126 STAT.
205 Referred in Senate (RFS)] 112th CONGRESS 2d Session H.
1150]] Public Law 112-151 112th Congress An Act 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, and for other purposes.
R.
<<NOTE:
205 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 16, 2012 Received;
July 30, - [H.R.
read twice and referred to the Committee on Indian Affairs _______________________________________________________________________ AN ACT 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, and for other purposes.
205]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE:
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
Helping Expedite and Advance Responsible Tribal Home Ownership Act of 2012.>> SECTION 1.
SHORT TITLE.
<<NOTE:
25 USC 415 note.>> SHORT TITLE.
and ``(B) is allotted to a member of an Indian tribe.''.
and [[Page 126 STAT.
1151]] ``(B) is allotted to a member of an Indian tribe.''.
``(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.
[[Page 126 STAT.
1152]] ``(4) Review process.-- ``(A) <<NOTE:
Deadline.>> 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.
``(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.
``(8) <<NOTE:
Determinations.>> 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.
``(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;
[[Page 126 STAT.
1153]] ``(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;
(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.
(5) Whether, in appropriate circumstances and with the approval of geographically proximate Indian tribes, the LTRO [[Page 126 STAT.
Passed the House of Representatives May 15, 2012.
1154]] functions may be performed by a single Indian tribe or a tribal consortium in a cost effective manner.
Attest:
Approved July 30, 2012.
KAREN L.
LEGISLATIVE HISTORY--H.R.
HAAS, Clerk.
205:
--------------------------------------------------------------------------- HOUSE REPORTS:
No.
112-427 (Comm.
on Natural Resources).
CONGRESSIONAL RECORD, Vol.
158 (2012):
May 15, considered and passed House.
July 17, considered and passed Senate.
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Sections of law this bill changes

1 section in 1 law

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-124).

Lease, sale, or surrender of allotted or unallotted lands · 25 U.S.C. ch. 12 1 section
  • § 415 Leases of restricted lands Amends

    25 U.S.C. § 415

    The law today

    (a) Authorized purposes; term; approval by Secretary 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 Coeur d’Alene Indian 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 Reservation, 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 Indian 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 land 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...

    16 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Also cites: 25 U.S.C. § 479a

Action History

  1. Became Public Law No: 112-151.

  2. Signed by President.

  3. Presented to President.

  4. Message on Senate action sent to the House.

  5. Passed Senate without amendment by Unanimous Consent.

  6. Senate Committee on Indian Affairs discharged by Unanimous Consent. (consideration: CR S5057)

  7. Received in the Senate and Read twice and referred to the Committee on Indian Affairs.

  8. The title of the measure was amended. Agreed to without objection.

  9. Motion to reconsider laid on the table Agreed to without objection.

  10. On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 400 - 0 (Roll no. 252). (text: CR H2682-2683)

  11. Considered as unfinished business. (consideration: CR H2695)

  12. At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

  13. DEBATE - The House proceeded with forty minutes of debate on H.R. 205.

  14. Considered under suspension of the rules. (consideration: CR H2682-2685)

  15. Mr. Bishop (UT) moved to suspend the rules and pass the bill, as amended.

  16. Placed on the Union Calendar, Calendar No. 294.

  17. Reported (Amended) by the Committee on Natural Resources. H. Rept. 112-427.

  18. Ordered to be Reported (Amended) by Unanimous Consent.

  19. Committee Consideration and Mark-up Session Held.

  20. Subcommittee Indian and Alaska Native Affairs Discharged.

  21. Subcommittee Hearings Held.

  22. Referred to the Subcommittee Indian and Alaska Native Affairs.

  23. Referred to the House Committee on Natural Resources.

Sponsors

  • Martin Heinrich · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

  • Martin Heinrich

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

Show all 546 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

housing environment labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HR 205 do?
Helping Expedite and Advance Responsible Tribal Home Ownership Act of 2012 or HEARTH Act of 2012 - Extends to any Indian tribe the discretion granted under current law only to the Navajo Nation to lease restricted lands for business, agricultural, public, religious, educational, recreational, or residential purposes without the approval of the Secretary of the Interior. (The Secretary must still approve the tribal regulations under which those leases are executed and mining leases still require the Secretary's approval.) Sets forth the environmental review process required under tribal lease regulations before those regulations obtain the Secretary's approval. Requires the process to identify and evaluate any significant effects a proposed lease may have on the environment and allow public comment on those effects. Authorizes the Secretary to provide a tribe, upon the tribe's request, with technical assistance in developing a regulatory environmental review process. Allows tribes to rely on a federal environmental review process rather than the tribal environmental review process if the project under review is federally funded. Directs the Bureau of Indian Affairs (BIA) to report to Congress on the history and experience of Indian tribes that have chosen to assume the BIA's responsibility for operating the Indian Land Title and Records Office.
Who sponsors HR 205?
HR 205 is sponsored by Martin Heinrich.
What is the current status of HR 205?
This bill has been enacted into law. Introduced January 06, 2011. Enacted.
Where can I track HR 205?
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