69–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 115–242 

TO PROVIDE THAT THE PUEBLO OF SANTA CLARA MAY 

LEASE FOR 99 YEARS CERTAIN RESTRICTED LAND, 

AND FOR OTHER PURPOSES 

JULY 24, 2017.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. BISHOP of Utah, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany S. 249] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (S. 249) to provide that the pueblo of Santa Clara may lease 

for 99 years certain restricted land, and for other purposes, having 

considered the same, report favorably thereon without amendment 

and recommend that the bill do pass. 

PURPOSE OF THE BILL

The purpose of S. 249 is to provide that the pueblo of Santa 

Clara may lease for 99 years certain restricted land. 

BACKGROUND AND NEED FOR LEGISLATION

In 1834, with the enactment of the Non-intercourse Act (R.S. 

2116, 25 U.S.C. 177), land transactions with Indians were prohibited unless authorized by Congress. Over time, such restrictions 

came to apply primarily to lands held in trust by the United States 

for the benefit of individual Indians or tribes (trust lands), and 

land title held in fee by Indians or tribes subject to a restriction 

on alienation (restricted fee lands). 

In 1955, Congress passed what is commonly known as the Indian 

Long-Term Leasing Act of 1955 (ILTLA, 25 U.S.C. 415) to soften 

the effect of the Non-Intercourse Act. The ILTLA generally authorizes any Indian lands (in trust or in restricted fee status) to be 

leased by their Indian owners, subject to the approval of the Secretary of the Interior, for ‘‘public, religious, educational, recVerDate Sep 11 2014 06:04 Jul 25, 2017 Jkt 069006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR242.XXX HR242
2 

1The Act of Aug. 9, 1955, ch. 615, Sec. 1, 69 Stat. 539. 

2Public Law 102–497, 106 Stat. 3256. 

3Public Law 111–381, 124 Stat. 4133. 

4 2010 United States Census Data. 

5 U.S. v. Sandoval, 167 U.S. 278 (1897). 

reational, residential, or business purposes . . .’’ for ‘‘a term of not 

to exceed twenty-five years’’ except for grazing purposes, in which 

case the term shall not exceed ten years. The Act originally specified that non-grazing leases may be renewed up to one additional 

term of 25 years, under rules and regulations developed by the Secretary.1

Congress has amended the ILTLA more than 40 times to adjust 

the terms and conditions of leases of Indian lands, and to authorize 

leases of specific Indian lands by their Indian owners for a term 

of up to 99 years, subject to approval of the Secretary. In 1992, the 

ILTLA was amended to authorize leasing of up to 99 years for 

lands held in trust for the Pueblo of Santa Clara,2 and in 2011 was 

amended to authorize 99 year leases for lands held in trust for the 

Ohkay Owingeh Pueblo (formerly known as the Pueblo of San 

Juan).3

The Santa Clara Pueblo is a tribal reservation located in Rio 

Arriba County, New Mexico, and is home to 1,018 tribal members.4

Along with the Ohkay Owingeh Pueblo, it is a member of the Eight 

Northern Pueblos of New Mexico. Located on the Rio Grande, about 

a mile south of Espan ̃ ola, New Mexico, the Santa Clara Pueblo is 

a total of 2.1 square miles, or roughly 24 acres. Currently, the reservation land consists of land granted from the Spanish through a 

land grant, and reservation land granted in 1905 through Executive Order XXVI (1905). 

The Ohkay Owingeh Pueblo is a tribal reservation located along 

the Rio Grande River, approximately 25 miles north of Santa Fe, 

New Mexico. It is home to 2,723 enrolled members. Originally, the 

Supreme Court ruled that Indians were not the original settlers of 

this territory and reduced their land grant to 5,000 acres.5 However, since that time, additional lands have been attained by the 

reservation. As the Capital of the Eight Northern Pueblos in New 

Mexico, it is an important cultural touchstone for Indian tribes in 

New Mexico and the tribal governance structure. 

While the Santa Clara and Ohkay Owingeh Pueblos currently 

have 99-year leasing authority, such authority applies only to the 

Tribes’ trust lands. The purpose of S. 249 is to clarify that the 

Tribes may also lease their restricted fee lands for up to 99 years, 

subject to the usual approval of the Secretary. 

COMMITTEE ACTION

S. 249 was introduced on February 1, 2017, by Senator Tom 

Udall (D–NM). The Senate passed the bill by unanimous consent 

on May 8, 2017. In the House of Representatives, the bill was referred to the Committee on Natural Resources, and within the 

Committee to the Subcommittee on Indian, Insular and Alaska Native Affairs. On June 7, 2017, the Subcommittee held a hearing on 

the bill. On June 22, 2017, the Natural Resources Committee met 

to consider the bill. The Subcommittee was discharged by unanimous consent. No amendments were offered, and the bill was orVerDate Sep 11 2014 06:04 Jul 25, 2017 Jkt 069006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR242.XXX HR242
3 

dered favorably reported to the House of Representatives by unanimous consent on June 27, 2017. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET

ACT

1. Cost of Legislation and the Congressional Budget Act. With respect to the requirements of clause 3(c)(2) and (3) of rule XIII of 

the Rules of the House of Representatives and sections 308(a) and 

402 of the Congressional Budget Act of 1974, the Committee has 

received the following estimate for the bill from the Director of the 

Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, July 5, 2017. 

Hon. ROB BISHOP, 

Chairman, Committee on Natural Resources, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 249, an act to provide that 

the Pueblo of Santa Clara may lease for 99 years certain restricted 

land, and for other purposes. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Robert Reese. 

Sincerely, 

KEITH HALL. 

Enclosure. 

S. 249—An act to provide that the Pueblo of Santa Clara may lease 

for 99 years certain restricted land, and for other purposes 

S. 249 would authorize the Pueblo of Santa Clara and the Ohkay 

Owingeh Pueblo to lease tribal lands for up to 99 years. In general, 

under current law, the tribes can lease tribal lands to schools, businesses, and public entities for up to 25 years. 

CBO estimates that implementing S. 249 would have no effect on 

the federal budget because any additional proceeds from such 

leases would accrue to the owners of the land. Enacting S. 249 

would not affect direct spending or revenues; therefore, pay-as-yougo procedures would not apply. 

CBO estimates that enacting S. 249 would not increase net direct 

spending or on-budget deficits in any of the four consecutive 10- 

year periods beginning in 2028. 

S. 249 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act. The Pueblo of 

Santa Clara and the Ohkay Owingeh Pueblo would benefit from 

provisions in the legislation that allow the tribes to lease land for 

up to 99 years, regardless of the trust status of the land. 

4 

On February 17, 2017, CBO transmitted a cost estimate for S. 

249, a bill to provide that the Pueblo of Santa Clara may lease for 

99 years certain restricted land, and for other purposes, as ordered 

reported by the Senate Committee on Indian Affairs on February 

8, 2017. The two versions of the legislation are similar and CBO’s 

estimates of their budgetary effects are the same. 

The CBO staff contacts for this estimate are Robert Reese (for 

federal costs) and Rachel Austin (for intergovernmental mandates). 

The estimate was approved by H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis. 

2. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to provide that the pueblo of Santa Clara may lease 

for 99 years certain restricted land. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

COMPLIANCE WITH H. RES. 5 

Directed Rule Making. This bill does not contain any directed 

rule makings. 

Duplication of Existing Programs. This bill does not establish or 

reauthorize a program of the federal government known to be duplicative of another program. Such program was not included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139 or identified in the 

most recent Catalog of Federal Domestic Assistance published pursuant to the Federal Program Information Act (Public Law 95–220, 

as amended by Public Law 98–169) as relating to other programs. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

5 

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 øIndians,,¿ 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 øthe the lands¿ 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 

6 

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, ølands held in trust for the Pueblo of 

Santa Clara,¿ 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, and ølands held in trust for Ohkay 

Owingeh Pueblo¿ which may be for a term of not to exceed ninetynine 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— 

7 

(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, 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 two 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 

8 

provided for by the Navajo Nation through the promulgation of 

regulations. 

(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 

9 

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 triballyowned 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.— 

10 

(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. 

11 

(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. 

12 

(9) SAVINGS CLAUSE.—Nothing in this subsection shall affect 

subsection (e) or any tribal regulations issued under that subsection. 

* * * * * * * 

Æ