(Sec. 3) Permits (under specified conditions) the Assiniboine and Sioux Tribes of the Fort Peck Reservation (Tribes) to lease to the Northern Border Pipeline Company, tribally-owned land on the Fort Peck Indian Reservation for interstate gas pipelines.
(Sec. 4) Declares that any rental proceeds from the lease of lands acquired from loans provided by the Secretary of Agriculture from the Farmers Home Administration Direct Loan Account to any Indian tribe shall constitute the rental value of that land and satisfy the requirement for appraisal of the land.
(Sec. 5) Authorizes the Reservation, upon approval of the Secretary, to enter into a lease or other temporary conveyance of water rights recognized under the Fort Peck-Montana Compact for the purpose of meeting water needs of the Dry Prairie Rural Water Association, Incorporated.
(Sec. 6) Amends Federal law to permit federally recognized Indian tribes to lease restricted tribal land for up to 99 years (subject to specified conditions) for public, religious, educational, recreational, residential, or business purposes (except for exploration, development, or extraction of any mineral resource) without specific approval of the Secretary if the lease is executed under tribal regulations approved by the Secretary under in this Act.
Requires the Secretary to review proposed tribal regulations from a federally recognized tribe and to approve or disapprove them based upon their consistency with existing regulations.
Requires Indian tribes to provide to the Secretary a copy of the lease and documentation of payments to the tribe from such a lease for land leased without the Secretary's specific approval. Exempts the United States from liability for any loss sustained by any party to such a lease.
Authorizes any person, upon exhaustion of tribal remedies, to petition the Secretary to review a tribe's compliance with its own approved regulations. Requires the Secretary, on completion of the review, to take action to compel compliance with such regulations if they have been breached.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 521 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 521
To amend the Act of August 9, 1955, to extend the terms of leases of
certain restricted Indian land, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 5, 2003
Mr. Campbell 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 extend the terms of leases of
certain restricted Indian land, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Land Leasing Act of 2003''.
SEC. 2. AUTHORIZATION OF 99-YEAR LEASES.
(a) In General.--Subsection (a) of the first section of the Act of
August 9, 1955 (25 U.S.C. 415(a)) is amended in the second sentence--
(1) by inserting ``the reservation of the Confederated
Tribes of the Umatilla Indian Reservation,'' before ``the Burns
Paiute Reservation,'';
(2) by inserting ``the'' before ``Yavapai-Prescott'';
(3) by striking ``Washington,,'' and inserting
``Washington,''; and
(4) by inserting ``land held in trust for the Yurok Tribe,
land held in trust for the Hopland Band of Pomo Indians of the
Hopland Rancheria,'' after ``Pueblo of Santa Clara,''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to any lease entered into or renewed after the date of enactment
of this Act.
SEC. 3. LEASE OF TRIBALLY-OWNED LAND BY ASSINIBOINE AND SIOUX TRIBES OF
THE FORT PECK RESERVATION.
The first section of the Act of August 9, 1955 (25 U.S.C. 415) is
amended by adding at the end the following:
``(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 a successor regulation).''.
SEC. 4. CERTIFICATION OF RENTAL PROCEEDS.
Notwithstanding any other provision of law, any actual rental
proceeds from the lease of land acquired under section 1 of Public Law
91-229 (25 U.S.C. 488) certified by the Secretary of the Interior shall
be deemed--
(1) to constitute the rental value of that land; and
(2) to satisfy the requirement for appraisal of that land.
SEC. 5. MONTANA INDIAN TRIBES; AGREEMENT WITH DRY PRAIRIE RURAL WATER
ASSOCIATION, INCORPORATED.
(a) In General.--The Assiniboine and Sioux Tribes of the Fort Peck
Indian Reservation (referred to in this section as the ``Tribes'') may,
with the approval of the Secretary of the Interior, enter into a lease
or other temporary conveyance of water rights recognized under the Fort
Peck-Montana Compact (Montana Code Annotated 85-20-201) for the purpose
of meeting the water needs of the Dry Prairie Rural Water Association,
Incorporated (or any successor entity), in accordance with section 5 of
the Fort Peck Reservation Rural Water System Act of 2000 (114 Stat.
1454).
(b) Conditions of Lease.--With respect to a lease or other
temporary conveyance described in subsection (a)--
(1) the term of the lease or conveyance shall not exceed
100 years; and
(2)(A) the lease or conveyance may be approved by the
Secretary of the Interior without monetary compensation to the
Tribes; and
(B) the Secretary of the Interior shall not be subject to
liability for any claim or cause of action relating to the
compensation or consideration received by the Tribes under the
lease or conveyance.
(c) No Permanent Alienation of Water.--Nothing in this section
authorizes any permanent alienation of any water by the Tribes.
SEC. 6. LEASES OF RESTRICTED INDIAN LAND; NON-INDIAN BUSINESS PARTNERS
ON INDIAN LAND.
Subsection (a) of the first section of the Act of August 9, 1955
(25 U.S.C. 415(a)) is amended by adding at the end the following:
``Notwithstanding any other provision of law, no Indian tribe shall be
required to obtain the approval of the Secretary to enter into a lease
of restricted Indian land (not including any lease for exploration,
development, or extraction of any mineral resource) under this
subsection for a term that does not exceed 99 years if the Indian tribe
provides written notice in original leasing documents that the Indian
tribe has the unilateral right to terminate the lease in any case in
which the Indian tribe does not waive sovereign immunity from any civil
action brought by a party to the lease for just compensation as a
result of such a termination. Any person that is a party to a lease
described in the preceding sentence may bring a civil action to enforce
the lease.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S3171)
Read twice and referred to the Committee on Indian Affairs. (text of measure as introduced: CR S3171-3172)
Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Indian Affairs. Reported by Senator Campbell with an amendment in the nature of a substitute. With written report No. 108-48.
Committee on Indian Affairs. Reported by Senator Campbell with an amendment in the nature of a substitute. With written report No. 108-48.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 99.
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