I 

111TH CONGRESS 

1ST SESSION H. R. 2523 

To amend the Act titled ‘‘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’’, 

approved August 9, 1955, to provide for Indian tribes to enter into 

certain leases without prior express approval from the Secretary of the 

Interior. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 20, 2009 

Mr. HEINRICH introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To amend the Act titled ‘‘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’’, approved August 9, 1955, to provide for Indian tribes 

to enter into certain leases without prior express approval 

from the Secretary of the Interior. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Helping Expedite and 

3 Advance Responsible Tribal Homeownership Act’’ or the 

4 ‘‘HEARTH Act’’. 

5 SEC. 2. APPROVAL OF, AND REGULATIONS RELATED TO, 

6 TRIBAL LEASES. 

7 The first section of the Act titled ‘‘An Act to author8 ize the leasing of restricted Indian lands for public, reli9 gious, educational, recreational, residential, business, and 

10 other purposes requiring the grant of long-term leases’’, 

11 approved August 9, 1955 (25 U.S.C. 415) is amended as 

12 follows: 

13 (1) In subsection (d)— 

14 (A) by striking paragraph (2) and insert15 ing the following: 

16 ‘‘(2) the term ‘Indian tribe’ has the meaning 

17 given such term in section 4(e) of the Indian Self18 Determination and Education Assistance Act (25 

19 U.S.C. 450b(e));’’; 

20 (B) in paragraph (3)— 

21 (i) in the matter preceding subpara22 graph (A), by striking ‘‘Navajo Indian’’; 

23 (ii) in subparagraph (A), by striking 

24 ‘‘the Navajo Nation’’ and inserting ‘‘an In25 dian tribe’’; 


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1 (iii) in subparagraph (B), by striking 

2 ‘‘Navajo Indians or members of another 

3 Indian tribe’’ and inserting ‘‘an Indian 

4 tribe or a member of an Indian tribe’’; and 

5 (iv) in subparagraph (C)(I), by strik6 ing ‘‘Navajo Indian’’ and inserting ‘‘mem7 ber of an Indian tribe’’; 

8 (C) in paragraph (4), by striking ‘‘the 

9 Navajo Nation’’ and inserting ‘‘an applicable 

10 Indian tribe’’; 

11 (D) by striking paragraph (5) and redesig12 nating paragraphs (6), (7), and (8) as para13 graphs (5), (6), and (7), respectively; 

14 (E) in paragraph (5) (as redesignated), by 

15 striking ‘‘the Navajo Nation’’ and inserting ‘‘an 

16 Indian tribe’’; and 

17 (F) in paragraph (7) (as redesignated)— 

18 (i) by striking ‘‘the Navajo Nation’’; 

19 and 

20 (ii) by striking ‘‘with Navajo Nation 

21 law’’ and inserting ‘‘with applicable tribal 

22 law’’. 

23 (2) In subsection (e)— 


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1 (A) by amending the subsection heading to 

2 read as follows: ‘‘APPROVAL OF LEASES—TRIB3 AL DISCRETION.—’’; 

4 (B) in paragraph (1)— 

5 (i) in the matter preceding subpara6 graph (A), by striking ‘‘Any leases by the 

7 Navajo Nation’’ and inserting ‘‘At the dis8 cretion of any Indian tribe, any leases by 

9 the applicable Indian tribe’’; and 

10 (ii) in subparagraph (B), by striking 

11 ‘‘Navajo Nation’’ and inserting ‘‘applicable 

12 Indian tribe’’; 

13 (C) in paragraph (2), by striking ‘‘Nav14 ajo’’; 

15 (D) in paragraph (3)— 

16 (i) by striking ‘‘the regulations of the 

17 Navajo Nation’’ and inserting ‘‘such regu18 lations’’; and 

19 (ii) by striking ‘‘with the Navajo Na20 tion’’ and inserting ‘‘with the applicable 

21 Indian tribe’’; 

22 (E) in paragraph (4), by striking ‘‘Navajo 

23 Nation’’ each place it appears and inserting 

24 ‘‘applicable Indian tribe’’; 

25 (F) in paragraph (5)— 


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1 (i) by striking ‘‘paragraph (1), includ2 ing the Navajo Nation.’’ and inserting 

3 ‘‘paragraph (1).’’; and 

4 (ii) by striking ‘‘to the Navajo Na5 tion’’ and inserting ‘‘to the applicable In6 dian tribe’’; 

7 (G) in paragraph (6)(A)— 

8 (i) by striking ‘‘of the Navajo Nation’’ 

9 and inserting ‘‘of the applicable Indian 

10 tribe’’; and 

11 (ii) by striking ‘‘Navajo Nation tribal’’ 

12 and inserting ‘‘tribal’’; and 

13 (H) in paragraph (6)(B), by striking 

14 ‘‘Navajo Nation’’ both places it appears and in15 serting ‘‘applicable Indian tribe’’. 

16 SEC. 3. LAND TITLE REPORTS—REVIEW AND REPORT TO 

17 CONGRESS. 

18 Not later than 180 days after funds are made avail19 able for this section, the Bureau of Indian Affairs shall 

20 prepare and submit to the Committees on Financial Serv21 ices and Natural Resources in the House of Representa22 tives and the Committees on Banking, Housing, and 

23 Urban Affairs and Indian Affairs in the Senate a report 

24 regarding the history and experience of Indian tribes that 

25 have chosen to assume responsibility for operating the InVerDate Nov 24 2008 01:17 May 23, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2523.IH H2523

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1 dian Land Title and Records Office (hereafter referred to 

2 as the ‘‘LTRO’’) functions from the Bureau of Indian Af3 fairs. In conducting the review, the Bureau of Indian Af4 fairs shall consult with the Department of Housing and 

5 Urban Development Office of Native American Programs 

6 and those Indian tribes that are managing LTRO func7 tions (hereafter referred to as the ‘‘managing Indian 

8 tribes’’). The review shall include an analysis of the fol9 lowing factors: 

10 (1) Whether and how tribal management of the 

11 LTRO functions has expedited the processing and 

12 issuance of Indian land title certifications as com13 pared to when the Bureau of Indian Affairs man14 aged these programs. 

15 (2) Whether and how tribal management of the 

16 LTRO functions has increased home ownership 

17 among the managing Indian tribe’s population. 

18 (3) What internal preparations and processes 

19 were required of the managing Indian tribes prior to 

20 assuming management of the LTRO functions. 

21 (4) Whether tribal management of the LTRO 

22 functions resulting in a transfer of financial re23 sources and manpower from the Bureau of Indian 

24 Affairs to the managing Indian tribes and, if so, 

25 what transfers were undertaken. 


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1 (5) Whether, in appropriate circumstances and 

2 with the approval of geographically proximate Indian 

3 tribes, the LTRO functions may be performed by a 

4 single Indian tribe or a tribal consortium in a cost 

5 effective manner. 

Æ 


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