118TH CONGRESS 

2D SESSION S. 1322 

AN ACT 

To amend the Act of August 9, 1955, to modify the authorized purposes and term period of tribal leases, 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, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Unlocking Native 

3 Lands and Opportunities for Commerce and Key Eco4 nomic Developments Act of 2023’’. 

5 SEC. 2. MODIFICATION OF TRIBAL LEASES AND RIGHTS-OF6 WAY ACROSS INDIAN LAND. 

7 (a) EXTENSION OF TRIBAL LEASE PERIOD.—The 

8 first section of the Act of August 9, 1955 (69 Stat. 539, 

9 chapter 615; 25 U.S.C. 415) (commonly known as the 

10 ‘‘Long-Term Leasing Act’’), is amended— 

11 (1) by striking ‘‘That (a)’’ and all that follows 

12 through the end of subsection (a) and inserting the 

13 following: 

14 ‘‘SECTION 1. LEASES OF RESTRICTED LAND. 

15 ‘‘(a) AUTHORIZED PURPOSES; TERM; APPROVAL BY

16 SECRETARY.— 

17 ‘‘(1) IN GENERAL.—Any restricted Indian 

18 lands, regardless of whether that land is tribally or 

19 individually owned, may be leased by the Indian 

20 owner of the land, with the approval of the Sec21 retary, for— 

22 ‘‘(A) a public, religious, educational, rec23 reational, residential, business, or grazing pur24 poses; or 

25 ‘‘(B) a farming purpose that requires the 

26 making of a substantial investment in the im-
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1 provement of the land for the production of 1 

2 or more specialized crops as determined by the 

3 Secretary. 

4 ‘‘(2) INCLUSIONS.—A lease under paragraph 

5 (1) may include the development or use of natural 

6 resources in connection with operations under that 

7 lease. 

8 ‘‘(3) TERM.— 

9 ‘‘(A) IN GENERAL.—Except as provided in 

10 subparagraph (B), a lease under paragraph (1) 

11 shall be for a term of not more than 99 years, 

12 including any renewals. 

13 ‘‘(B) EXCEPTION FOR GRAZING PUR14 POSES.—A lease under paragraph (1) for graz15 ing purposes may be for a term of not more 

16 than 10 years, including any renewals. 

17 ‘‘(4) REQUIREMENT.—Each lease and renewal 

18 under this subsection shall be made in accordance 

19 with such terms and regulations as may be pre20 scribed by the Secretary. 

21 ‘‘(5) CONDITIONS FOR APPROVAL.—Before the 

22 approval of any lease or renewal of an existing lease 

23 pursuant to this subsection, the Secretary shall de24 termine that adequate consideration has been given 

25 to— 
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1 ‘‘(A) relationship between the use of the 

2 leased lands and the use of neighboring land; 

3 ‘‘(B) the height, quality, and safety of any 

4 structures or other facilities to be constructed 

5 on the leased land; 

6 ‘‘(C) the availability of police and fire pro7 tection and other services on the leased land; 

8 ‘‘(D) the availability of judicial forums for 

9 all criminal and civil causes of action arising on 

10 the leased land; and 

11 ‘‘(E) the effects on the environment of the 

12 uses to which the leased lands will be subject.’’; 

13 (2) in subsection (b)— 

14 (A) by striking ‘‘(b) Any lease’’ and insert15 ing the following: 

16 ‘‘(b) EXCEPTION FOR SECRETARY APPROVAL.—Any 

17 lease’’; 

18 (B) by striking ‘‘of the Interior’’ each 

19 place it appears; and 

20 (C) by striking ‘‘clause (3)’’ and inserting 

21 ‘‘paragraph’’; 

22 (3) by redesignating subsections (a), (b), (c), 

23 and (d) as subsections (b), (c), (d), and (a), respec24 tively, and moving the subsections so as to appear 

25 in alphabetical order; 
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1 (4) by striking ‘‘subsection (a)’’ each place it 

2 appears and inserting ‘‘subsection (b)’’; and 

3 (5) in subsection (h)(1)— 

4 (A) in the matter preceding subparagraph 

5 (A), by striking ‘‘and the term of the lease does 

6 not exceed—’’ and inserting a period; and 

7 (B) by striking subparagraphs (A) and 

8 (B). 

9 (b) TECHNICAL CORRECTION.—Section 2 of the Act 

10 of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 

11 415a) (commonly known as the ‘‘Long-Term Leasing 

12 Act’’), is amended by inserting ‘‘of the Interior’’ after 

13 ‘‘Secretary’’ each place it appears. 

14 (c) MODIFICATIONS OF RIGHTS-OF-WAY ACROSS IN15 DIAN LAND.—The Act of February 5, 1948 (62 Stat. 17, 

16 chapter 45), is amended— 

17 (1) in the first section (62 Stat. 17, chapter 45; 

18 25 U.S.C. 323), by striking ‘‘That the Secretary of 

19 the Interior be, and he is hereby, empowered to’’ 

20 and inserting the following: 

21 ‘‘SECTION 1. RIGHTS-OF-WAY FOR ALL PURPOSES ACROSS 

22 INDIAN LAND. 

23 ‘‘(a) RIGHTS-OF-WAY.—The Secretary of the Interior 

24 may’’; 
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1 (2) in section 2 (62 Stat. 18, chapter 45; 25 

2 U.S.C. 324), by striking ‘‘organized under the Act 

3 of June 18, 1934 (48 Stat. 984), as amended; the 

4 Act of May 1, 1936 (49 Stat. 1250); or the Act of 

5 June 26, 1936 (49 Stat. 1967),’’; and 

6 (3) by adding at the end the following: 

7 ‘‘SEC. 8. TRIBAL GRANTS OF RIGHTS-OF-WAY. 

8 ‘‘(a) RIGHTS-OF-WAY.— 

9 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

10 an Indian tribe may grant a right-of-way over and 

11 across the Tribal land of the Indian tribe for any 

12 purpose. 

13 ‘‘(2) AUTHORITY.—A right-of-way granted 

14 under paragraph (1) shall not require the approval 

15 of the Secretary of the Interior or a grant by the 

16 Secretary of the Interior under the section 1 if the 

17 right-of-way granted under paragraph (1) is exe18 cuted in accordance with a Tribal regulation ap19 proved by the Secretary of the Interior under sub20 section (b). 

21 ‘‘(b) REVIEW OF TRIBAL REGULATIONS.— 

22 ‘‘(1) TRIBAL REGULATION SUBMISSION AND AP23 PROVAL.— 

24 ‘‘(A) SUBMISSION.—An Indian tribe seek25 ing to grant a right-of-way under subsection (a) 
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1 shall submit for approval a Tribal regulation 

2 governing the granting of rights-of-way over 

3 and across the Tribal land of the Indian tribe. 

4 ‘‘(B) APPROVAL.—Subject to paragraph 

5 (2), the Secretary of the Interior shall have the 

6 authority to approve or disapprove any Tribal 

7 regulation submitted under subparagraph (A). 

8 ‘‘(2) CONSIDERATIONS FOR APPROVAL.— 

9 ‘‘(A) IN GENERAL.—The Secretary of the 

10 Interior shall approve a Tribal regulation sub11 mitted under paragraph (1)(A), if the Tribal 

12 regulation— 

13 ‘‘(i) is consistent with any regulations 

14 (or successor regulations) issued by the 

15 Secretary of the Interior under section 4; 

16 ‘‘(ii) provides for an environmental re17 view process that includes— 

18 ‘‘(I) the identification and eval19 uation of any significant impacts the 

20 proposed action may have on the envi21 ronment; and 

22 ‘‘(II) a process for ensuring— 

23 ‘‘(aa) that the public is in24 formed of, and has a reasonable 

25 opportunity to comment on, any 
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1 significant environmental impacts 

2 of the proposed action identified 

3 by the Indian tribe under sub4 clause (I); and 

5 ‘‘(bb) the Indian tribe pro6 vides a response to each relevant 

7 and substantive public comment 

8 on the significant environmental 

9 impacts identified by the Indian 

10 tribe under subclause (I) before 

11 the Indian tribe approves the 

12 right-of-way. 

13 ‘‘(B) STATUTORY EXEMPTIONS.—The Sec14 retary of the Interior, in making an approval 

15 decision under this subsection, shall not be sub16 ject to— 

17 ‘‘(i) the National Environmental Pol18 icy Act of 1969 (42 U.S.C. 4321 et seq.); 

19 ‘‘(ii) section 306108 of title 54, 

20 United States Code; or 

21 ‘‘(iii) the Endangered Species Act of 

22 1973 (16 U.S.C. 1531 et seq.). 

23 ‘‘(3) REVIEW PROCESS.— 

24 ‘‘(A) IN GENERAL.—Not later than 180 

25 days after the date on which the Indian tribe 
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1 submits a Tribal regulation to the Secretary of 

2 the Interior under paragraph (1)(A), the Sec3 retary of the Interior shall— 

4 ‘‘(i) review the Tribal regulation; 

5 ‘‘(ii) approve or disapprove the Tribal 

6 regulation; and 

7 ‘‘(iii) notify the Indian tribe that sub8 mitted the Tribal regulation of the ap9 proval or disapproval. 

10 ‘‘(B) WRITTEN DOCUMENTATION.—If the 

11 Secretary of the Interior disapproves a Tribal 

12 regulation submitted under paragraph (1)(A), 

13 the Secretary of the Interior shall include with 

14 the disapproval notification under subparagraph 

15 (A)(iii) written documentation describing the 

16 basis for the disapproval. 

17 ‘‘(C) EXTENSION.—The Secretary of the 

18 Interior may, after consultation with the Indian 

19 tribe that submitted a Tribal regulation under 

20 paragraph (1)(A), extend the 180-day period 

21 described in subparagraph (A). 

22 ‘‘(4) FEDERAL ENVIRONMENTAL REVIEW.— 

23 Notwithstanding paragraphs (2) and (3), if an In24 dian tribe carries out a project or activity funded by 

25 a Federal agency, the Indian tribe may rely on the 
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1 environmental review process of the applicable Fed2 eral agency rather than any Tribal environmental re3 view process required under this subsection. 

4 ‘‘(c) DOCUMENTATION.—An Indian tribe granting a 

5 right-of-way under subsection (a) shall provide to the Sec6 retary of the Interior— 

7 ‘‘(1) a copy of the right-of-way, including any 

8 amendments or renewals; and 

9 ‘‘(2) if the right-of-way allows for compensation 

10 to be made directly to the Indian tribe, documenta11 tion of payments that are sufficient, as determined 

12 by the Secretary of the Interior, as to enable the 

13 Secretary of the Interior to discharge the trust re14 sponsibility of the United States under subsection 

15 (d). 

16 ‘‘(d) TRUST RESPONSIBILITY.— 

17 ‘‘(1) IN GENERAL.—The United States shall 

18 not be liable for losses sustained by any party to a 

19 right-of-way granted under subsection (a). 

20 ‘‘(2) AUTHORITY OF THE SECRETARY.— 

21 ‘‘(A) IN GENERAL.—Pursuant to the au22 thority of the Secretary of the Interior to fulfill 

23 the trust obligation of the United States to the 

24 applicable Indian tribe under Federal law (in25 cluding regulations), the Secretary of the Inte-
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1 rior may, on reasonable notice from the applica2 ble Indian tribe and at the discretion of the 

3 Secretary of the Interior, enforce the provisions 

4 of, or cancel, any right-of-way granted by the 

5 Indian tribe under subsection (a). 

6 ‘‘(B) AUTHORITY.—The enforcement or 

7 cancellation of a right-of-way under subpara8 graph (A) shall be conducted using regulatory 

9 procedures issued under section 6. 

10 ‘‘(e) COMPLIANCE.— 

11 ‘‘(1) IN GENERAL.—An interested party, after 

12 exhaustion of any applicable Tribal remedies, may 

13 submit a petition to the Secretary of the Interior, at 

14 such time and in such form as determined by the 

15 Secretary of the Interior, to review the compliance of 

16 an applicable Indian tribe with a Tribal regulation 

17 approved by the Secretary of the Interior under sub18 section (b). 

19 ‘‘(2) VIOLATIONS.—If the Secretary of the Inte20 rior determines that a Tribal regulation was violated 

21 after conducting a review under paragraph (1), the 

22 Secretary of the Interior may take any action the 

23 Secretary of the Interior determines to be necessary 

24 to remedy the violation, including rescinding the ap25 proval of the Tribal regulation and reassuming re-
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1 sponsibility for approving rights-of-way through the 

2 trust land of the applicable Indian tribe. 

3 ‘‘(3) DOCUMENTATION.—If the Secretary of the 

4 Interior determines that a Tribal regulation was vio5 lated after conducting a review under paragraph (1), 

6 the Secretary of the Interior shall— 

7 ‘‘(A) provide written documentation, with 

8 respect to the Tribal regulation that has been 

9 violated, to the appropriate interested party and 

10 Indian tribe; 

11 ‘‘(B) provide the applicable Indian tribe 

12 with a written notice of the alleged violation; 

13 and 

14 ‘‘(C) prior to the exercise of any remedy, 

15 including rescinding the approval for the appli16 cable Tribal regulation or reassuming responsi17 bility for approving rights-of-way through the 

18 trust land of the applicable Indian tribe, pro19 vide the applicable Indian tribe with— 

20 ‘‘(i) a hearing that is on the record; 

21 and 

22 ‘‘(ii) a reasonable opportunity to cure 

23 the alleged violation. 
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1 ‘‘(f) SAVINGS CLAUSE.—Nothing in this section af2 fects the application of any Tribal regulations issued 

3 under Federal environmental law. 

4 ‘‘(g) EFFECT OF TRIBAL REGULATIONS.—An ap5 proved Tribal regulation under subsection (b) shall not 

6 preclude an Indian tribe from, in the discretion of the In7 dian tribe, consenting to the grant of a right-of-way by 

8 the Secretary of the Interior under the section 1. 

9 ‘‘(h) TERMS OF RIGHT-OF-WAY.—The compensation 

10 for, and terms of, a right-of-way granted under subsection 

11 (a) will be determined by— 

12 ‘‘(1) negotiations by the Indian tribe; or 

13 ‘‘(2) the regulations of the Indian tribe. 

14 ‘‘(i) JURISDICTION.—The grant of a right-of-way 

15 under subsection (a) does not waive the sovereign immu16 nity of the Indian tribe or diminish the jurisdiction of that 

17 Indian tribe over the Tribal land subject to the right-of18 way, unless otherwise provided in— 

19 ‘‘(1) the grant of the right-of-way; or 

20 ‘‘(2) the regulations of the Indian tribe.’’. 

Passed the Senate November 21, 2024. 

Attest: 

Secretary. 
118TH CONGRESS 

2D SESSION S. 1322 

AN ACT 

To amend the Act of August 9, 1955, to modify the 

leases, and for other purposes. authorized purposes and term period of tribal