,,ii #aadth ,,congress #ast ,session ,s4 #ahgi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bh1 #bjae ,mr4 ,barrasso introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,a ,,bill ,to improve processes in the ,department of the ,interior1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,interior ,improvement ,act4 #b4 ,definitions 7a7 ,in general ,the first sentence of section #ai of the ,act of ,june #ah1 #aicd 7commonly known as the ,indian ,reorganization ,act7 7#be ,u4,s4,c4 #dgi71 is amended-- 7#a7 by striking ,the term and inserting ,effective beginning on ,june #ah1 #aicd1 the term2 and 7#b7 by striking any recognized ,indian tribe now under ,federal jurisdiction and inserting any federally recognized ,indian tribe4 7b7 ,retroactive protection ,to the extent a trust acquisition by the ,secretary of the ,interior pursuant to the ,act of ,june #ah1 #aicd 7commonly known as the ,indian ,reorganization ,act7 7#be ,u4,s4,c4 #dfa et seq471 is subjected to a challenge based on whether an ,indian tribe was federally recognized or under ,federal jurisdiction on ,june #ah1 #aicd1 that acquisition is ratified and confirmed4 #c4 ,land acquisition applications ,the ,act of ,june #ah1 #aicd 7commonly known as the ,indian ,reorganization ,act71 is amended by inserting after section #e 7#be ,u4,s4,c4 #dfe7 the following3 #e;,a4 ,land acquisition applications 7a7 ,definitions ,in this section3 7#a7 ,applicant ,the term applicant means an ,indian tribe or individual ,indian 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b77 who submits an application under subsection 7b74 7#b7 ,application ,the term application means an application submitted to the ,department by an ,indian tribe or individual ,indian under subsection 7b74 7#c7 ,contiguous ,the term contiguous-- 7,a7 means #b parcels of land having a common boundary1 notwithstanding the existence of non-navigable waters or a public road or right-of-way2 and 7,b7 includes parcels that touch at a point4 7#d7 ,contiguous jurisdiction ,the term contiguous jurisdiction means any county1 county equivalent1 or ,indian tribe with authority and control over the land contiguous to the land under consideration in an application4 7#e7 ,county and county equivalent ,the terms county and county equivalent mean the largest territorial division for local government within a ,state with the authority to enter into enforceable cooperative agreements with ,indian tribes or individual ,indians1 as appropriate4 7#f7 ,department ,the term ,department means the ,department of the ,interior4 7#g7 ,economic impact ,the term economic impact means any anticipated costs associated with the development of or activity on the land under consideration in an application1 including associated costs to a contiguous jurisdiction for utilities1 public works1 public safety1 roads1 maintenance1 and other public service costs4 7#h7 ,final decision ,the term final decision means a decision that is final for the ,department1 as determined or defined by the ,secretary4 7#i7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#aj7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7b7 ,applications 7#a7 ,in general ,an ,indian tribe or individual ,indian seeking to have off-reservation fee or restricted land taken into trust for the benefit of that ,indian tribe or individual ,indian shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as this section and the ,secretary require4 7#b7 ,requirements ,the ,secretary may approve complete applications described in paragraph 7#a7 on a discretionary basis1 subject to the condition that the application includes-- 7,a7 a written request for approval of a trust acquisition by the ,united ,states for the benefit of the applicant2 7,b7 the legal name of the applicant1 including1 in the case of an applicant that is an ,indian tribe1 the tribal name of the applicant as the name appears in the list of recognized ,indian tribes published by the ,secretary in the ,federal ,register pursuant to section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #dgi;a-#a72 7,c7 a legal description of the land to be acquired2 7,d7 a description of the need for the proposed acquisition of the property2 7,e7 a description of the purpose for which the property is to be used2 7,f7 a legal instrument to verify current ownership1 such as a deed2 7,g7 statutory authority for the proposed acquisition of the property2 7,h7 a business plan for management of the land to be acquired1 if the application is for business purposes2 7,i7 the location of the land to be acquired relative to ,state and reservation boundaries2 and 7,j7 a copy of any cooperative agreement between the applicant and a contiguous jurisdiction4 7#c7 ,final decision ,after considering an application described in this subsection and in accordance with subsection 7c7 and any other applicable ,federal law or regulation1 a final decision to approve or deny the completed application shall be issued4 7c7 ,statutory notice and comment requirements 7#a7 ,notice and comment requirements for initial applications 7,a7 ,notice 7i7 ,in general ,not later than #cj days after the date on which the ,secretary receives an initial application1 the ,secretary shall make that application1 whether complete or incomplete1 available to the public on the website of the ,department1 subject to applicable ,federal privacy laws4 7ii7 ,additional notice requirement ,not later than #cj days after the date on which the ,secretary receives an initial application1 the ,secretary shall provide by certified mail notice of the application to contiguous jurisdictions4 7,b7 ,comment ,each contiguous jurisdiction notified under subparagraph 7,a77ii7 shall have not fewer than #cj days1 beginning on the date that the contiguous jurisdiction receives the notice1 to comment on that initial application4 7#b7 ,notice requirement for any application update1 modification1 or withdrawal 7,a7 ,in general ,if at any time an application is updated1 modified1 or withdrawn1 not later than #e days after the date on which the ,secretary receives notice of that update1 modification1 or withdrawal1 the ,secretary shall make that information available to the public on the website of the ,department1 subject to any applicable ,federal privacy laws4 7,b7 ,inclusion ,if an application has been updated or modified in any way1 the notice described in subparagraph 7,a7 shall include a description of the changes made and the updated or modified application1 whether complete or incomplete1 available on the website of the ,department1 subject to any applicable ,federal privacy laws4 7#c7 ,notice and comment requirements for completed applications 7,a7 ,notice 7i7 ,in general ,not later than #cj days after the date on which the ,secretary receives a completed application1 the ,secretary shall make that application available to the public on the website of the ,department1 subject to any applicable ,federal privacy laws4 7ii7 ,additional notice requirements ,not later than #cj days after the date on which the ,secretary receives a completed application1 the ,secretary shall provide by certified mail notice of the application to contiguous jurisdictions4 7iii7 ,publication in federal register ,not later than #e days after the date on which the ,secretary receives a completed application1 the ,secretary shall publish in the ,federal ,register notice of the completed application4 7,b7 ,comment ,contiguous jurisdictions shall have not fewer than #cj days1 beginning on the date on which the contiguous jurisdiction receives notice under subparagraph 7,a77ii71 to comment on that completed application4 7#d7 ,notice of decision 7,a7 ,in general ,not later than #e days after a final decision to approve or deny an application is issued1 the ,secretary shall issue a notice of decision and make the notice of decision available to the public on the website of the ,department4 7,b7 ,publication in federal register ,not later than #e days after a final decision to approve or deny an application is issued1 the ,secretary shall publish in the ,federal ,register the notice of decision described in subparagraph 7,a74 7d7 ,encouraging local cooperation 7#a7 ,in general ,the ,secretary shall encourage1 but may not require1 applicants to enter into cooperative agreements with contiguous jurisdictions4 7#b7 ,cooperative agreements 7,a7 ,in general ,the ,secretary shall give weight and preference to an application with a cooperative agreement described in paragraph 7#a74 7,b7 ,terms of agreement ,a cooperative agreement described in paragraph 7#a7 may include terms relating to mitigation1 changes in land use1 dispute resolution1 fees1 and other terms determined by the parties to be appropriate4 7,c7 ,submission of cooperative agreement 7i7 ,in general ,if an applicant submits to the ,secretary a cooperative agreement or multiple cooperative agreements executed between the applicant and contiguous jurisdictions1 the ,secretary shall issue a final decision to approve or deny a complete application not later than-- 7,i7 #fj days after the date of completion of the review process under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 described in clause 7ii72 or 7,,ii7 if that review process is not applicable1 #cj days after the date on which a complete application is received by the ,secretary4 7ii7 ,timeline ,completion of the review process under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 described in clause 7i7 may refer to-- 7,i7 the issuance of a categorical exclusion determination in accordance with section #f4bjd of title #dj1 ,code of ,federal ,regulations 7or successor regulations72 7,,ii7 an environmental assessment finding of no significant impact in accordance with section #f4bjf of title #dj1 ,code of ,federal ,regulations 7or successor regulations72 or 7,,iii7 the issuance of a record of decision in accordance with section #f4bjh of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7iii7 ,effect of failure to issue timely final decision ,if the ,secretary fails to issue a final decision by the date described in clause 7i71 the application shall be-- 7,i7 deemed approved on an automatic basis2 and 7,,ii7 treated as a final decision4 7,d7 ,cooperative agreement not submitted 7i7 ,in general ,if an applicant does not submit to the ,secretary a cooperative agreement executed between the applicant and contiguous jurisdictions1 the ,secretary shall issue a written determination of mitigation by the date that is not later than #cj days after a complete application is received by the ,secretary1 which shall-- 7,i7 describe whether any economic impacts on contiguous jurisdictions have been mitigated to the extent practicable2 and 7,,ii7 explain the basis of that determination4 7ii7 ,determination of mitigation ,the ,secretary shall consider a determination of mitigation in making a final decision to approve or deny an application1 but that determination shall not halt or unduly delay the regular processing of an application4 7iii7 ,considerations ,in making a determination of mitigation described in clause 7i71 the ,secretary shall take into consideration-- 7,i7 the anticipated economic impact of approving an application on contiguous jurisdictions2 and 7,,ii7 whether the absence of a cooperative agreement is attributable to the failure of any contiguous jurisdiction to work in good faith to reach an agreement with the applicant4 7iv7 ,notice ,the ,secretary shall provide by certified mail a copy of the determination of mitigation described in clause 7i7 to the applicant and contiguous jurisdictions not less than #e days after a determination of mitigation is issued4 7v7 ,good faith protection ,failure to submit a cooperative agreement shall not prejudice an application if the ,secretary determines that the failure to submit is attributable to the failure of any contiguous jurisdiction to work in good faith to reach an agreement4 7#c7 ,reciprocal notice and comment ,the ,secretary shall also encourage contiguous jurisdictions to engage in local cooperation through reciprocal notice and comment procedures1 particularly with regard to changes in land use4 7e7 ,implementation 7#a7 ,consultation ,not later than #fj days after the date of enactment of this section1 the ,secretary shall initiate consultation with ,indian tribes regarding the implementation of this section4 7#b7 ,summary ,not later than #ahj days after the date on which the consultation described in paragraph 7#a7 is initiated1 the ,secretary shall issue a summary of the consultation and the summary shall be published in the ,federal ,register4 7#c7 ,rulemaking ,not later than #fj days after the date on which the summary described in paragraph 7#b7 is published in the ,federal ,register1 the ,secretary shall1 through a rulemaking under section #eec of title #e1 ,united ,states ,code1 modify existing regulations1 guidance1 rules1 and policy statements1 as necessary to carry out this section4 7f7 ,judicial review 7#a7 ,in general ,an applicant or contiguous jurisdiction may seek review of a final decision4 7#b7 ,administrative review ,an applicant or contiguous jurisdiction may seek review in a ,united ,states district court only after exhausting all available administrative remedies4 4 #d4 ,effect 7a7 ,other land determinations ,nothing in this ,act 7or an amendment made by this ,act7 impacts any other ,federal ,indian land determination4 7b7 ,effect on other laws ,nothing in this ,act 7or the amendments made by this ,act7 affects-- 7#a7 the application or effect of any ,federal law other than the ,act of ,june #ah1 #aicd 7#be ,u4,s4,c4 #dfa et seq472 or 7#b7 any limitation on the authority of the ,secretary of the ,interior under any ,federal law or regulation other than the ,act of ,june #ah1 #aicd 7#be ,u4,s4,c4 #dfa et seq474