S. 1322 — Introduced in Senate

II 118th CONGRESS 1st Session S. 1322 IN THE SENATE OF THE UNITED STATES April 26, 2023Mr. Schatz (for himself and Ms. Murkowski) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To amend the Act of August 9, 1955, to modify the authorized purposes and term period of tribal leases, and for other purposes. 1. Short title This Act may be cited as the Unlocking Native Lands and Opportunities for Commerce and Key Economic Developments Act of 2023. 2. Modification of tribal leases and rights-of-way across Indian land (a) Extension of tribal lease period The first section of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415) (commonly known as the Long-Term Leasing Act), is amended— (1) by striking That (a) and all that follows through the end of subsection (a) and inserting the following: 1. Leases of Restricted Land (a) Authorized purposes; term; approval by Secretary (1) In general Any restricted Indian lands, regardless of whether that land is tribally or individually owned, may be leased by the Indian owner of the land, with the approval of the Secretary, for— (A) a public, religious, educational, recreational, residential, business, or grazing purposes; or (B) a farming purpose that requires the making of a substantial investment in the improvement of the land for the production of 1 or more specialized crops as determined by the Secretary. (2) Inclusions A lease under paragraph (1) may include the development or use of natural resources in connection with operations under that lease. (3) Term (A) In general Except as provided in subparagraph (B), a lease under paragraph (1) shall be for a term of not more than 99 years, including any renewals. (B) Exception for grazing purposes A lease under paragraph (1) for grazing purposes may be for a term of not more than 10 years, including any renewals. (4) Requirement Each lease and renewal under this subsection shall be made in accordance with such terms and regulations as may be prescribed by the Secretary. (5) Conditions for approval Before the approval of any lease or renewal of an existing lease pursuant to this subsection, the Secretary shall determine that adequate consideration has been given to— (A) relationship between the use of the leased lands and the use of neighboring land; (B) the height, quality, and safety of any structures or other facilities to be constructed on the leased land; (C) the availability of police and fire protection and other services on the leased land; (D) the availability of judicial forums for all criminal and civil causes of action arising on the leased land; and (E) the effects on the environment of the uses to which the leased lands will be subject. ; (2) in subsection (b)— (A) by striking (b) Any lease and inserting the following: (b) Exception for Secretary approval Any lease ; (B) by striking of the Interior each place it appears; and (C) by striking clause (3) and inserting paragraph; (3) by redesignating subsections (a), (b), (c), and (d) as subsections (b), (c), (d), and (a), respectively, and moving the subsections so as to appear in alphabetical order; and (4) by striking subsection (a) each place it appears and inserting subsection (b). (b) Technical correction Section 2 of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415a) (commonly known as the Long-Term Leasing Act), is amended by inserting of the Interior after Secretary each place it appears. (c) Modification of rights-of-Way across Indian land The first section of the Act of February 5, 1948 (62 Stat. 17, chapter 45; 25 U.S.C. 323), is amended— (1) by striking That the Secretary of the Interior be, and he is empowered to and inserting the following: 1. Rights-of-way for All Purposes Across Indian Land (a) Rights-of-Way Except as provided in subsection (b), the Secretary of the Interior may ; and (2) by adding at the end the following: (b) Exception A right-of-way granted by an Indian tribe for the purposes authorized under this section shall not require the approval of the Secretary of the Interior, subject to the condition that— (1) the right-of-way approval process by the Indian tribe substantially complies with subsection (h) of the first section of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415(h)); or (2) the Indian tribe has tribal regulations approved by the Secretary of the Interior under that subsection. .