I 

112TH CONGRESS 

1ST SESSION H. R. 3532 

To empower federally recognized Indian tribes to accept restricted fee tribal 

lands, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 30, 2011 

Mr. YOUNG of Alaska (for himself and Mr. BOREN) introduced the following 

bill; which was referred to the Committee on Natural Resources 

A BILL 

To empower federally recognized Indian tribes to accept 

restricted fee tribal lands, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘American Indian Em5 powerment Act of 2011’’. 

6 SEC. 2. EMPOWER TRIBES TO ACCEPT RESTRICTED FEE 

7 TRIBAL LANDS. 

8 (a) CONVEYANCE OF TRIBAL TRUST LANDS TO RE9 STRICTED FEE TRIBAL LANDS.—Notwithstanding any 

10 other provision of law, not later than 180 days after reVerDate Mar 15 2010 01:36 Dec 01, 2011 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3532.IH H3532

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1 ceipt by the Secretary of the Interior of a written request 

2 adopted by the governing body of a federally recognized 

3 Indian tribe, the Secretary shall, subject to a restriction 

4 imposed by the United States against alienation and tax5 ation, convey to the Indian tribe all right, title, and inter6 est held by the United States in land specifically requested 

7 by the Indian tribe which the United States held in trust 

8 for that Indian tribe. 

9 (b) ATTRIBUTES OF RESTRICTED FEE TRIBAL

10 LANDS.—Any land held by a federally recognized Indian 

11 tribe subject to a restriction imposed by the United States 

12 against alienation and taxation, shall be deemed, for all 

13 purposes, to be— 

14 (1) Indian country as defined in section 1151 

15 of title 18, United States Code; and 

16 (2) the Indian lands of that Indian tribe subject 

17 to the provisions of the Act of June 30, 1834 (25 

18 U.S.C. 177; 4 Stat. 730). 

19 (c) TRIBAL AUTHORITY OVER RESTRICTED FEE

20 TRIBAL LANDS.—Notwithstanding the provisions of the 

21 Act of August 9, 1955 (25 U.S.C. 415; commonly known 

22 as the ‘‘Long-term Leasing Act’’), an Indian tribe may 

23 lease land subject to a restriction imposed by the United 

24 States against alienation and taxation, or grant an easeVerDate Mar 15 2010 01:36 Dec 01, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3532.IH H3532

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1 ment or right-of-way thereon, for any period of time with2 out review and approval by the Secretary. 

3 (d) TRIBAL PREEMPTION AUTHORITY OVER RE4 STRICTED FEE TRIBAL LANDS.—The laws of a federally 

5 recognized Indian tribe establishing a system of land ten6 ure governing the use of land it holds, subject to a restric7 tion imposed by the United States against alienation and 

8 taxation, shall preempt any provision of Federal law or 

9 regulation governing the use of such lands. Such tribal 

10 law shall be given preemptive effect only upon having been 

11 first published in the Federal Register. The Secretary of 

12 the Interior shall cause such tribal law to be published 

13 in the Federal Register not later than 120 days after re14 ceiving a copy of the tribal law from the Indian tribe. 

15 (e) TRUST RESPONSIBILITY NOT DIMINISHED.— 

16 Nothing in this section shall be construed to diminish the 

17 Federal trust responsibility to any Indian tribe. 

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