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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1879 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 514
114th CONGRESS
  2d Session
                                S. 1879

                          [Report No. 114-275]

 To improve processes in the Department of the Interior, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 28, 2015

 Mr. Barrasso introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

                              June 9, 2016

              Reported by Mr. Barrasso, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
 To improve processes in the Department of the Interior, and for other 
                               purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Interior Improvement 
Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    (a) In General.--The first sentence of section 19 of the 
Act of June 18, 1934 (commonly known as the ``Indian Reorganization 
Act'') (25 U.S.C. 479), is amended--</DELETED>
        <DELETED>    (1) by striking ``The term'' and inserting 
        ``Effective beginning on June 18, 1934, the term''; 
        and</DELETED>
        <DELETED>    (2) by striking ``any recognized Indian tribe now 
        under Federal jurisdiction'' and inserting ``any federally 
        recognized Indian tribe''.</DELETED>
<DELETED>    (b) Retroactive Protection.--To the extent a trust 
acquisition by the Secretary of the Interior pursuant to the Act of 
June 18, 1934 (commonly known as the ``Indian Reorganization Act'') (25 
U.S.C. 461 et seq.), is subjected to a challenge based on whether an 
Indian tribe was federally recognized or under Federal jurisdiction on 
June 18, 1934, that acquisition is ratified and confirmed.</DELETED>

<DELETED>SEC. 3. LAND ACQUISITION APPLICATIONS.</DELETED>

<DELETED>    The Act of June 18, 1934 (commonly known as the ``Indian 
Reorganization Act''), is amended by inserting after section 5 (25 
U.S.C. 465) the following:</DELETED>

<DELETED>``SEC. 5A. LAND ACQUISITION APPLICATIONS.</DELETED>

<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Applicant.--The term `applicant' means an 
        Indian tribe or individual Indian (as defined in section 4 of 
        the Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450b)) who submits an application under subsection 
        (b).</DELETED>
        <DELETED>    ``(2) Application.--The term `application' means 
        an application submitted to the Department by an Indian tribe 
        or individual Indian under subsection (b).</DELETED>
        <DELETED>    ``(3) Contiguous.--The term `contiguous'--
        </DELETED>
                <DELETED>    ``(A) means 2 parcels of land having a 
                common boundary, notwithstanding the existence of non-
                navigable waters or a public road or right-of-way; 
                and</DELETED>
                <DELETED>    ``(B) includes parcels that touch at a 
                point.</DELETED>
        <DELETED>    ``(4) Contiguous jurisdiction.--The term 
        `contiguous jurisdiction' means any county, county equivalent, 
        or Indian tribe with authority and control over the land 
        contiguous to the land under consideration in an 
        application.</DELETED>
        <DELETED>    ``(5) County and county equivalent.--The terms 
        `county' and `county equivalent' mean the largest territorial 
        division for local government within a State with the authority 
        to enter into enforceable cooperative agreements with Indian 
        tribes or individual Indians, as appropriate.</DELETED>
        <DELETED>    ``(6) Department.--The term `Department' means the 
        Department of the Interior.</DELETED>
        <DELETED>    ``(7) Economic impact.--The term `economic impact' 
        means any anticipated costs associated with the development of 
        or activity on the land under consideration in an application, 
        including associated costs to a contiguous jurisdiction for 
        utilities, public works, public safety, roads, maintenance, and 
        other public service costs.</DELETED>
        <DELETED>    ``(8) Final decision.--The term `final decision' 
        means a decision that is final for the Department, as 
        determined or defined by the Secretary.</DELETED>
        <DELETED>    ``(9) Indian tribe.--The term `Indian tribe' has 
        the meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 
        450b).</DELETED>
        <DELETED>    ``(10) Secretary.--The term `Secretary' means the 
        Secretary of the Interior.</DELETED>
<DELETED>    ``(b) Applications.--</DELETED>
        <DELETED>    ``(1) In general.--An Indian tribe or individual 
        Indian seeking to have off-reservation fee or restricted land 
        taken into trust for the benefit of that Indian tribe or 
        individual Indian shall submit an application to the Secretary 
        at such time, in such manner, and containing such information 
        as this section and the Secretary require.</DELETED>
        <DELETED>    ``(2) Requirements.--The Secretary may approve 
        complete applications described in paragraph (1) on a 
        discretionary basis, subject to the condition that the 
        application includes--</DELETED>
                <DELETED>    ``(A) a written request for approval of a 
                trust acquisition by the United States for the benefit 
                of the applicant;</DELETED>
                <DELETED>    ``(B) the legal name of the applicant, 
                including, in the case of an applicant that is an 
                Indian tribe, the tribal name of the applicant as the 
                name appears in the list of recognized Indian tribes 
                published by the Secretary in the Federal Register 
                pursuant to section 104 of the Federally Recognized 
                Indian Tribe List Act of 1994 (25 U.S.C. 479a-
                1);</DELETED>
                <DELETED>    ``(C) a legal description of the land to 
                be acquired;</DELETED>
                <DELETED>    ``(D) a description of the need for the 
                proposed acquisition of the property;</DELETED>
                <DELETED>    ``(E) a description of the purpose for 
                which the property is to be used;</DELETED>
                <DELETED>    ``(F) a legal instrument to verify current 
                ownership, such as a deed;</DELETED>
                <DELETED>    ``(G) statutory authority for the proposed 
                acquisition of the property;</DELETED>
                <DELETED>    ``(H) a business plan for management of 
                the land to be acquired, if the application is for 
                business purposes;</DELETED>
                <DELETED>    ``(I) the location of the land to be 
                acquired relative to State and reservation boundaries; 
                and</DELETED>
                <DELETED>    ``(J) a copy of any cooperative agreement 
                between the applicant and a contiguous 
                jurisdiction.</DELETED>
        <DELETED>    ``(3) Final decision.--After considering an 
        application described in this subsection and in accordance with 
        subsection (c) and any other applicable Federal law or 
        regulation, a final decision to approve or deny the completed 
        application shall be issued.</DELETED>
<DELETED>    ``(c) Statutory Notice and Comment Requirements.--
</DELETED>
        <DELETED>    ``(1) Notice and comment requirements for initial 
        applications.--</DELETED>
                <DELETED>    ``(A) Notice.--</DELETED>
                        <DELETED>    ``(i) In general.--Not later than 
                        30 days after the date on which the Secretary 
                        receives an initial application, the Secretary 
                        shall make that application, whether complete 
                        or incomplete, available to the public on the 
                        website of the Department, subject to 
                        applicable Federal privacy laws.</DELETED>
                        <DELETED>    ``(ii) Additional notice 
                        requirement.--Not later than 30 days after the 
                        date on which the Secretary receives an initial 
                        application, the Secretary shall provide by 
                        certified mail notice of the application to 
                        contiguous jurisdictions.</DELETED>
                <DELETED>    ``(B) Comment.--Each contiguous 
                jurisdiction notified under subparagraph (A)(ii) shall 
                have not fewer than 30 days, beginning on the date that 
                the contiguous jurisdiction receives the notice, to 
                comment on that initial application.</DELETED>
        <DELETED>    ``(2) Notice requirement for any application 
        update, modification, or withdrawal.--</DELETED>
                <DELETED>    ``(A) In general.--If at any time an 
                application is updated, modified, or withdrawn, not 
                later than 5 days after the date on which the Secretary 
                receives notice of that update, modification, or 
                withdrawal, the Secretary shall make that information 
                available to the public on the website of the 
                Department, subject to any applicable Federal privacy 
                laws.</DELETED>
                <DELETED>    ``(B) Inclusion.--If an application has 
                been updated or modified in any way, the notice 
                described in subparagraph (A) shall include a 
                description of the changes made and the updated or 
                modified application, whether complete or incomplete, 
                available on the website of the Department, subject to 
                any applicable Federal privacy laws.</DELETED>
        <DELETED>    ``(3) Notice and comment requirements for 
        completed applications.--</DELETED>
                <DELETED>    ``(A) Notice.--</DELETED>
                        <DELETED>    ``(i) In general.--Not later than 
                        30 days after the date on which the Secretary 
                        receives a completed application, the Secretary 
                        shall make that application available to the 
                        public on the website of the Department, 
                        subject to any applicable Federal privacy 
                        laws.</DELETED>
                        <DELETED>    ``(ii) Additional notice 
                        requirements.--Not later than 30 days after the 
                        date on which the Secretary receives a 
                        completed application, the Secretary shall 
                        provide by certified mail notice of the 
                        application to contiguous 
                        jurisdictions.</DELETED>
                        <DELETED>    ``(iii) Publication in federal 
                        register.--Not later than 5 days after the date 
                        on which the Secretary receives a completed 
                        application, the Secretary shall publish in the 
                        Federal Register notice of the completed 
                        application.</DELETED>
                <DELETED>    ``(B) Comment.--Contiguous jurisdictions 
                shall have not fewer than 30 days, beginning on the 
                date on which the contiguous jurisdiction receives 
                notice under subparagraph (A)(ii), to comment on that 
                completed application.</DELETED>
        <DELETED>    ``(4) Notice of decision.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 5 days 
                after a final decision to approve or deny an 
                application is issued, the Secretary shall issue a 
                notice of decision and make the notice of decision 
                available to the public on the website of the 
                Department.</DELETED>
                <DELETED>    ``(B) Publication in federal register.--
                Not later than 5 days after a final decision to approve 
                or deny an application is issued, the Secretary shall 
                publish in the Federal Register the notice of decision 
                described in subparagraph (A).</DELETED>
<DELETED>    ``(d) Encouraging Local Cooperation.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall encourage, 
        but may not require, applicants to enter into cooperative 
        agreements with contiguous jurisdictions.</DELETED>
        <DELETED>    ``(2) Cooperative agreements.--</DELETED>
                <DELETED>    ``(A) In general.--The Secretary shall 
                give weight and preference to an application with a 
                cooperative agreement described in paragraph 
                (1).</DELETED>
                <DELETED>    ``(B) Terms of agreement.--A cooperative 
                agreement described in paragraph (1) may include terms 
                relating to mitigation, changes in land use, dispute 
                resolution, fees, and other terms determined by the 
                parties to be appropriate.</DELETED>
                <DELETED>    ``(C) Submission of cooperative 
                agreement.--</DELETED>
                        <DELETED>    ``(i) In general.--If an applicant 
                        submits to the Secretary a cooperative 
                        agreement or multiple cooperative agreements 
                        executed between the applicant and contiguous 
                        jurisdictions, the Secretary shall issue a 
                        final decision to approve or deny a complete 
                        application not later than--</DELETED>
                                <DELETED>    ``(I) 60 days after the 
                                date of completion of the review 
                                process under the National 
                                Environmental Policy Act of 1969 (42 
                                U.S.C. 4321 et seq.) described in 
                                clause (ii); or</DELETED>
                                <DELETED>    ``(II) if that review 
                                process is not applicable, 30 days 
                                after the date on which a complete 
                                application is received by the 
                                Secretary.</DELETED>
                        <DELETED>    ``(ii) Timeline.--Completion of 
                        the review process under the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.) described in clause (i) may refer 
                        to--</DELETED>
                                <DELETED>    ``(I) the issuance of a 
                                categorical exclusion determination in 
                                accordance with section 6.204 of title 
                                40, Code of Federal Regulations (or 
                                successor regulations);</DELETED>
                                <DELETED>    ``(II) an environmental 
                                assessment finding of no significant 
                                impact in accordance with section 6.206 
                                of title 40, Code of Federal 
                                Regulations (or successor regulations); 
                                or</DELETED>
                                <DELETED>    ``(III) the issuance of a 
                                record of decision in accordance with 
                                section 6.208 of title 40, Code of 
                                Federal Regulations (or successor 
                                regulations).</DELETED>
                        <DELETED>    ``(iii) Effect of failure to issue 
                        timely final decision.--If the Secretary fails 
                        to issue a final decision by the date described 
                        in clause (i), the application shall be--
                        </DELETED>
                                <DELETED>    ``(I) deemed approved on 
                                an automatic basis; and</DELETED>
                                <DELETED>    ``(II) treated as a final 
                                decision.</DELETED>
                <DELETED>    ``(D) Cooperative agreement not 
                submitted.--</DELETED>
                        <DELETED>    ``(i) In general.--If an applicant 
                        does not submit to the Secretary a cooperative 
                        agreement executed between the applicant and 
                        contiguous jurisdictions, the Secretary shall 
                        issue a written determination of mitigation by 
                        the date that is not later than 30 days after a 
                        complete application is received by the 
                        Secretary, which shall--</DELETED>
                                <DELETED>    ``(I) describe whether any 
                                economic impacts on contiguous 
                                jurisdictions have been mitigated to 
                                the extent practicable; and</DELETED>
                                <DELETED>    ``(II) explain the basis 
                                of that determination.</DELETED>
                        <DELETED>    ``(ii) Determination of 
                        mitigation.--The Secretary shall consider a 
                        determination of mitigation in making a final 
                        decision to approve or deny an application, but 
                        that determination shall not halt or unduly 
                        delay the regular processing of an 
                        application.</DELETED>
                        <DELETED>    ``(iii) Considerations.--In making 
                        a determination of mitigation described in 
                        clause (i), the Secretary shall take into 
                        consideration--</DELETED>
                                <DELETED>    ``(I) the anticipated 
                                economic impact of approving an 
                                application on contiguous 
                                jurisdictions; and</DELETED>
                                <DELETED>    ``(II) whether the absence 
                                of a cooperative agreement is 
                                attributable to the failure of any 
                                contiguous jurisdiction to work in good 
                                faith to reach an agreement with the 
                                applicant.</DELETED>
                        <DELETED>    ``(iv) Notice.--The Secretary 
                        shall provide by certified mail a copy of the 
                        determination of mitigation described in clause 
                        (i) to the applicant and contiguous 
                        jurisdictions not less than 5 days after a 
                        determination of mitigation is 
                        issued.</DELETED>
                        <DELETED>    ``(v) Good faith protection.--
                        Failure to submit a cooperative agreement shall 
                        not prejudice an application if the Secretary 
                        determines that the failure to submit is 
                        attributable to the failure of any contiguous 
                        jurisdiction to work in good faith to reach an 
                        agreement.</DELETED>
        <DELETED>    ``(3) Reciprocal notice and comment.--The 
        Secretary shall also encourage contiguous jurisdictions to 
        engage in local cooperation through reciprocal notice and 
        comment procedures, particularly with regard to changes in land 
        use.</DELETED>
<DELETED>    ``(e) Implementation.--</DELETED>
        <DELETED>    ``(1) Consultation.--Not later than 60 days after 
        the date of enactment of this section, the Secretary shall 
        initiate consultation with Indian tribes regarding the 
        implementation of this section.</DELETED>
        <DELETED>    ``(2) Summary.--Not later than 180 days after the 
        date on which the consultation described in paragraph (1) is 
        initiated, the Secretary shall issue a summary of the 
        consultation and the summary shall be published in the Federal 
        Register.</DELETED>
        <DELETED>    ``(3) Rulemaking.--Not later than 60 days after 
        the date on which the summary described in paragraph (2) is 
        published in the Federal Register, the Secretary shall, through 
        a rulemaking under section 553 of title 5, United States Code, 
        modify existing regulations, guidance, rules, and policy 
        statements, as necessary to carry out this section.</DELETED>
<DELETED>    ``(f) Judicial Review.--</DELETED>
        <DELETED>    ``(1) In general.--An applicant or contiguous 
        jurisdiction may seek review of a final decision.</DELETED>
        <DELETED>    ``(2) Administrative review.--An applicant or 
        contiguous jurisdiction may seek review in a United States 
        district court only after exhausting all available 
        administrative remedies.''.</DELETED>

<DELETED>SEC. 4. EFFECT.</DELETED>

<DELETED>    (a) Other Land Determinations.--Nothing in this Act (or an 
amendment made by this Act) impacts any other Federal Indian land 
determination.</DELETED>
<DELETED>    (b) Effect on Other Laws.--Nothing in this Act (or the 
amendments made by this Act) affects--</DELETED>
        <DELETED>    (1) the application or effect of any Federal law 
        other than the Act of June 18, 1934 (25 U.S.C. 461 et seq.); 
        or</DELETED>
        <DELETED>    (2) any limitation on the authority of the 
        Secretary of the Interior under any Federal law or regulation 
        other than the Act of June 18, 1934 (25 U.S.C. 461 et 
        seq.).</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Interior Improvement Act''.

SEC. 2. DEFINITIONS.

    (a) In General.--The first sentence of section 19 of the Act of 
June 18, 1934 (commonly known as the ``Indian Reorganization Act'') (25 
U.S.C. 479), is amended--
            (1) by striking ``The term'' and inserting ``Effective 
        beginning on June 18, 1934, the term''; and
            (2) by striking ``any recognized Indian tribe now under 
        Federal jurisdiction'' and inserting ``any federally recognized 
        Indian tribe''.
    (b) Retroactive Protection.--To the extent a trust acquisition by 
the Secretary of the Interior pursuant to the Act of June 18, 1934 
(commonly known as the ``Indian Reorganization Act'') (25 U.S.C. 461 et 
seq.), is subjected to a challenge based on whether an Indian tribe was 
federally recognized or under Federal jurisdiction on June 18, 1934, 
that acquisition is ratified and confirmed.

SEC. 3. IMPROVING LAND ACQUISITIONS.

    The Act of June 18, 1934 (commonly known as the ``Indian 
Reorganization Act''), is amended by inserting after section 5 (25 
U.S.C. 465) the following:

``SEC. 5A. LAND ACQUISITION APPLICATIONS.

    ``(a) Definitions.--In this section:
            ``(1) Applicant.--The term `applicant' means an Indian 
        tribe or individual Indian who--
                    ``(A) submits an application under subsection 
                (b)(1)(A); or
                    ``(B) is deemed an applicant under subsection 
                (b)(1)(B).
            ``(2) Application.--The term `application' means an 
        application submitted to the Department by an applicant under 
        subsection (b).
            ``(3) Contiguous.--The term `contiguous'--
                    ``(A) means 2 parcels of land having a common 
                boundary, notwithstanding the existence of non-
                navigable waters or a public road or right-of-way; and
                    ``(B) includes parcels that touch at a point.
            ``(4) Contiguous jurisdiction.--The term `contiguous 
        jurisdiction' means any county, county equivalent, or Indian 
        tribe, or the Federal Government, with governmental 
        jurisdiction over the land contiguous to the land under 
        consideration in an application.
            ``(5) Cooperative agreement.--
                    ``(A) In general.--The term `cooperative agreement' 
                means any enforceable contract by which the parties 
                bind themselves to work jointly and productively toward 
                some mutually beneficial end.
                    ``(B) Inclusion.--The term `cooperative agreement' 
                includes a memorandum of understanding, an 
                intergovernmental agreement, or any other enforceable 
                contract.
            ``(6) County and county equivalent .--The terms `county' 
        and `county equivalent' mean the largest territorial division 
        for local government within a State with the authority to enter 
        into enforceable cooperative agreements with Indian tribes or 
        individual Indians.
            ``(7) Department.--The term `Department' means the 
        Department of the Interior.
            ``(8) Determination of mitigation.--The term `determination 
        of mitigation' means a written Secretarial determination that--
                    ``(A) describes whether anticipated impacts on 
                contiguous jurisdictions have been mitigated to the 
                maximum extent practicable; and
                    ``(B) explains the basis of that determination.
            ``(9) Explanation of final decision.--The term `explanation 
        of final decision' means a written explanation--
                    ``(A) of the basis of a final decision to approve 
                or deny an application; and
                    ``(B) that explicitly addresses all requirements 
                and considerations described in subsection (e)(1).
            ``(10) Final decision.--The term `final decision' means a 
        decision that is final for the Department, as determined or 
        defined by the Secretary.
            ``(11) Impacts.--The term `impacts' means the anticipated 
        costs and benefits to the applicant, contiguous jurisdictions, 
        and any other Indian tribe with governmental functions, 
        infrastructure, or services that would be directly, 
        immediately, and significantly impacted by the proposed 
        acquisition.
            ``(12) Indian tribe .--The term `Indian tribe' means an 
        Indian tribe included in the list published by the Secretary in 
        the Federal Register pursuant to section 104 of the Federally 
        Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a-1).
            ``(13) Mitigate.--The term `mitigate' means to avoid, 
        minimize, rectify, reduce, or compensate for adverse impacts to 
        the applicant, contiguous jurisdictions, and any other Indian 
        tribe with governmental functions, infrastructure, or services 
        that would be directly, immediately, and significantly impacted 
        by the proposed acquisition.
            ``(14) Notice of final decision.--The term `notice of final 
        decision' means a notice of a final decision to accept or deny 
        an application to take land into trust that--
                    ``(A) is made available to the public; and
                    ``(B) contains--
                            ``(i) a legal description of the land; and
                            ``(ii) instructions on how to obtain a copy 
                        of the final decision.
            ``(15) Secretary.--The term `Secretary' means the Secretary 
        of the Interior.
    ``(b) Discretionary Off-Reservation Acquisitions.--
            ``(1) Submission.--
                    ``(A) In general.--An Indian tribe or individual 
                Indian seeking to have off-reservation fee or 
                restricted land taken into trust for the benefit of 
                that Indian tribe or individual Indian shall submit an 
                application to the Secretary at such time, in such 
                manner, and containing such information as this section 
                and the Secretary require.
                    ``(B) Pending applications.--On the request of an 
                Indian tribe or individual Indian whose application to 
                take land into trust is pending as of the first date on 
                which an application may be filed under the application 
                process established by this section, the Secretary 
                shall deem the Indian tribe or individual Indian an 
                `applicant' under this section, subject to the 
                condition that the Indian tribe or individual Indian 
                supplements the pending application as necessary to 
                comply with this subsection.
            ``(2) Application requirements.--The Secretary may approve 
        complete applications described in paragraph (1), subject to 
        the condition that the application includes--
                    ``(A) a written request for approval of a trust 
                acquisition by the United States for the benefit of the 
                applicant;
                    ``(B) the legal name of the applicant, including, 
                in the case of an applicant that is an Indian tribe, 
                the tribal name of the applicant as the name appears in 
                the list of recognized Indian tribes published by the 
                Secretary in the Federal Register pursuant to section 
                104 of the Federally Recognized Indian Tribe List Act 
                of 1994 (25 U.S.C. 479a-1);
                    ``(C) a legal description of the land to be 
                acquired;
                    ``(D) a description of the need for the proposed 
                acquisition of the property;
                    ``(E) a description of the purpose for which the 
                property is to be used;
                    ``(F) a legal instrument to verify current 
                ownership, such as a deed;
                    ``(G) statutory authority for the proposed 
                acquisition of the property;
                    ``(H) a business plan for management of the land to 
                be acquired, if the application is for business 
                purposes; and
                    ``(I) the location of the land to be acquired 
                relative to State and reservation boundaries.
    ``(c) Statutory Notice and Comment Requirements.--
            ``(1) Initial applications.--
                    ``(A) Notice.--
                            ``(i) In general.--Not later than 30 days 
                        after the date on which the Secretary receives 
                        an initial application, the Secretary shall 
                        make that application, whether complete or 
                        incomplete, available to the public on the 
                        website of the Department, subject to 
                        applicable Federal privacy laws.
                            ``(ii) Additional notice by certified 
                        mail.--Not later than 30 days after the date on 
                        which the Secretary receives an initial 
                        application, the Secretary shall provide by 
                        certified mail notice of the application to 
                        contiguous jurisdictions.
                    ``(B) Comments.--
                            ``(i) In general.--Each contiguous 
                        jurisdiction notified under subparagraph 
                        (A)(ii) shall have not fewer than 60 days, 
                        beginning on the date that the contiguous 
                        jurisdiction receives the notice, to comment on 
                        that initial application.
                            ``(ii) Response to comments.--An applicant 
                        shall have not fewer than 60 days, beginning on 
                        the date on which a contiguous jurisdiction 
                        submits a comment under clause (i), to respond 
                        to comments submitted on an initial 
                        application.
            ``(2) Application updates, modifications, and 
        withdrawals.--
                    ``(A) In general.--If at any time an application is 
                updated, modified, or withdrawn, not later than 10 days 
                after the date on which the Secretary receives notice 
                of that update, modification, or withdrawal, the 
                Secretary shall make that information available to the 
                public on the website of the Department, subject to any 
                applicable Federal privacy laws.
                    ``(B) Inclusion.--If an application has been 
                updated or modified in any way, the notice described in 
                subparagraph (A) shall include a description of the 
                changes made and the updated or modified application, 
                whether complete or incomplete, available on the 
                website of the Department, subject to any applicable 
                Federal privacy laws.
            ``(3) Completed applications.--
                    ``(A) Notice.--
                            ``(i) In general.--Not later than 30 days 
                        after the date on which the Secretary receives 
                        a completed application, the Secretary shall 
                        make that application available to the public 
                        on the website of the Department, subject to 
                        any applicable Federal privacy laws.
                            ``(ii) Additional notice by certified 
                        mail.--Not later than 30 days after the date on 
                        which the Secretary receives a completed 
                        application, the Secretary shall provide by 
                        certified mail notice of the application to 
                        contiguous jurisdictions.
                            ``(iii) Publication in federal register.--
                        Not later than 10 days after the date on which 
                        the Secretary receives a completed application, 
                        the Secretary shall publish in the Federal 
                        Register notice of the completed application.
                    ``(B) Comments.--
                            ``(i) In general.--Each contiguous 
                        jurisdiction shall have not fewer than 60 days, 
                        beginning on the date on which the contiguous 
                        jurisdiction receives notice under subparagraph 
                        (A)(ii), to comment on that completed 
                        application.
                            ``(ii) Response to comments.--An applicant 
                        shall have not fewer than 60 days, beginning on 
                        the date on which a contiguous jurisdiction 
                        submits a comment under clause (i), to respond 
                        to comments submitted on a completed 
                        application.
    ``(d) Encouraging Local Cooperation.--
            ``(1) In general.--The Secretary shall encourage, but not 
        require, applicants to enter into cooperative agreements with 
        contiguous jurisdictions.
            ``(2) Cooperative agreements.--
                    ``(A) In general.--The Secretary shall evaluate 
                applications accompanied by 1 or more cooperative 
                agreements with contiguous jurisdictions in accordance 
                with the expedited process described in subparagraph 
                (C)(i).
                    ``(B) Terms of agreement.--A cooperative agreement 
                described in paragraph (1) may include terms relating 
                to mitigation, changes in land use, dispute resolution, 
                fees, and other terms determined by the parties to be 
                appropriate.
                    ``(C) Cooperative agreement submitted.--
                            ``(i) Expedited process.--If an applicant 
                        submits to the Secretary 1 or more cooperative 
                        agreements executed between the applicant and 
                        contiguous jurisdictions, the Secretary shall 
                        issue a final decision to approve or deny a 
                        complete application not later than 120 days 
                        after the date on which--
                                    ``(I) clear title to the land under 
                                consideration is verified; and
                                    ``(II) all applicable requirements 
                                under Federal law and regulation are 
                                satisfied.
                            ``(ii) Deemed approved.--If the Secretary 
                        fails to issue a final decision by the dates 
                        described in clause (i), the application shall 
                        be deemed approved and treated as a final 
                        decision of the Department, subject to the 
                        condition that all requirements described in 
                        clause (i) are satisfied.
                    ``(D) Cooperative agreement not submitted.--
                            ``(i) Determination of mitigation.--If an 
                        applicant does not submit to the Secretary 1 or 
                        more cooperative agreements executed between 
                        the applicant and the contiguous jurisdictions, 
                        the Secretary shall issue a written 
                        determination of mitigation by the date that is 
                        not later than 180 days after a complete 
                        application is received by the Secretary.
                            ``(ii) Considerations for determination.--
                        In making a determination of mitigation 
                        described in clause (i), the Secretary shall 
                        consider--
                                    ``(I) the anticipated impacts on 
                                contiguous jurisdictions and the 
                                applicant of approving or not approving 
                                an application;
                                    ``(II) any relevant comments and 
                                responses to comments received by the 
                                Secretary under this section; and
                                    ``(III) whether the absence of a 
                                cooperative agreement is attributable 
                                to the failure of any contiguous 
                                jurisdiction to work in good faith to 
                                reach an agreement with the applicant.
                            ``(iii) Good faith protection.--Failure to 
                        submit a cooperative agreement shall not 
                        prejudice an application if the Secretary 
                        determines that the failure to submit is 
                        attributable to the failure of any contiguous 
                        jurisdiction to work in good faith, honestly 
                        and without fraud or unfair dealing, to reach 
                        an agreement.
                            ``(iv) Guaranteed regular processing.--In 
                        making a determination of mitigation, the 
                        Secretary shall not unduly delay the regular 
                        processing of an application.
                            ``(v) Notice of determination.--The 
                        Secretary shall provide by certified mail a 
                        copy of the determination of mitigation 
                        described under this subsection to the 
                        applicant and contiguous jurisdictions not 
                        fewer than 10 days after a determination of 
                        mitigation is issued.
            ``(3) Reciprocal notice and comment.--The Secretary shall 
        also encourage contiguous jurisdictions to engage in local 
        cooperation through reciprocal notice and comment procedures, 
        particularly with regard to changes in land use.
    ``(e) Final Decision on Application.--
            ``(1) Final decision.--The Secretary shall issue a final 
        decision to approve or deny a completed application after--
                    ``(A) clear title to the land under consideration 
                is verified;
                    ``(B) all applicable requirements under Federal law 
                and regulation are satisfied; and
                    ``(C) consideration of--
                            ``(i) all application materials and 
                        information submitted by the applicant under 
                        this section;
                            ``(ii) all comments and responses to 
                        comments submitted to the Secretary under this 
                        section;
                            ``(iii) a determination of mitigation 
                        issued under subsection (d), if any;
                            ``(iv) relevant and material cooperative 
                        agreements between the applicant and contiguous 
                        jurisdictions, if any;
                            ``(v) relevant and material cooperative 
                        agreements between the applicant and non-
                        contiguous jurisdictions, if any; and
                            ``(vi) any other information the Secretary 
                        identifies as relevant and material to the 
                        final decision to approve or deny an 
                        application.
            ``(2) Transparency.--
                    ``(A) Notice and explanation of final decision.--
                Not later than 10 days after a final decision to 
                approve or deny an application is issued, the Secretary 
                shall--
                            ``(i) publish a notice of final decision 
                        and explanation of final decision on the 
                        website of the Department and in the Federal 
                        Register; and
                            ``(ii) provide by certified mail a copy of 
                        the notice of final decision and explanation of 
                        final decision.
                    ``(B) Additional notice.--In addition to the notice 
                required by subparagraph (A), the Secretary shall 
                publish a notice of final decision in a newspaper of 
                general circulation serving the affected area of the 
                decision.
                    ``(C) Inclusion.--The requirements described in 
                subparagraphs (A) and (B) apply to an application 
                deemed approved under subsection (d)(2)(C)(ii).
    ``(f) Safeguarding Proprietary Information.--Nothing in this Act 
requires the publication or release of proprietary information 
submitted by an applicant under this section.
    ``(g) Implementation.--
            ``(1) Consultation.--Not later than 90 days after the date 
        of enactment of this section, the Secretary shall initiate 
        consultation with Indian tribes regarding the implementation of 
        this section.
            ``(2) Summary.--Not later than 180 days after the date on 
        which the consultation described in paragraph (1) is initiated, 
        the Secretary shall issue a summary of the consultation and the 
        summary shall be published in the Federal Register.
            ``(3) Rulemaking.--Not later than 90 days after the date on 
        which the summary described in paragraph (2) is published in 
        the Federal Register, the Secretary shall, through a rulemaking 
        under section 553 of title 5, United States Code, modify 
        existing regulations, guidance, rules, and policy statements, 
        as necessary to carry out this section.
    ``(h) Judicial Review.--Interested parties may seek review of a 
final decision in a United States district court after exhausting all 
administrative remedies available under subchapter II of chapter 5, and 
chapter 7, of title 5, United States Code (commonly known as the 
`Administrative Procedure Act').''.

SEC. 4. EFFECT.

    (a) Other Land Determinations.--Nothing in this Act (or an 
amendment made by this Act) impacts any other Federal Indian land 
determination.
    (b) Effect on Other Laws.--Nothing in this Act (or the amendments 
made by this Act) affects--
            (1) the application or effect of any Federal law other than 
        the Act of June 18, 1934 (25 U.S.C. 461 et seq.); or
            (2) any limitation on the authority of the Secretary of the 
        Interior under any Federal law or regulation other than the Act 
        of June 18, 1934 (25 U.S.C. 461 et seq.).
                                                       Calendar No. 514

114th CONGRESS

  2d Session

                                S. 1879

                          [Report No. 114-275]

_______________________________________________________________________

                                 A BILL

 To improve processes in the Department of the Interior, and for other 
                               purposes.

_______________________________________________________________________

                              June 9, 2016

                       Reported with an amendment
```