Unlocking Native Lands and Opportunities for Commerce and Key Economic Developments Act of 2023

Subjects: Native Americans, Economic development, Federal-Indian relations, Indian lands and resources rights


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1322 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1322

 To amend the Act of August 9, 1955, to modify the authorized purposes 
       and term period of tribal leases, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 26, 2023

  Mr. Schatz (for himself and Ms. Murkowski) introduced the following 
  bill; which was read twice and referred to the Committee on Indian 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend the Act of August 9, 1955, to modify the authorized purposes 
       and term period of tribal leases, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Unlocking Native Lands and 
Opportunities for Commerce and Key Economic Developments Act of 2023''.

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

    (a) Extension of Tribal Lease Period.--The first section of the Act 
of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415) (commonly 
known as the ``Long-Term Leasing Act''), is amended--
            (1) by striking ``That (a)'' and all that follows through 
        the end of subsection (a) and inserting the following:

``SECTION 1. LEASES OF RESTRICTED LAND.

    ``(a) Authorized Purposes; Term; Approval by Secretary.--
            ``(1) In general.--Any restricted Indian lands, regardless 
        of whether that land is tribally or individually owned, may be 
        leased by the Indian owner of the land, with the approval of 
        the Secretary, for--
                    ``(A) a public, religious, educational, 
                recreational, residential, business, or grazing 
                purposes; or
                    ``(B) a farming purpose that requires the making of 
                a substantial investment in the improvement of the land 
                for the production of 1 or more specialized crops as 
                determined by the Secretary.
            ``(2) Inclusions.--A lease under paragraph (1) may include 
        the development or use of natural resources in connection with 
        operations under that lease.
            ``(3) Term.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a lease under paragraph (1) shall be 
                for a term of not more than 99 years, including any 
                renewals.
                    ``(B) Exception for grazing purposes.--A lease 
                under paragraph (1) for grazing purposes may be for a 
                term of not more than 10 years, including any renewals.
            ``(4) Requirement.--Each lease and renewal under this 
        subsection shall be made in accordance with such terms and 
        regulations as may be prescribed by the Secretary.
            ``(5) Conditions for approval.--Before the approval of any 
        lease or renewal of an existing lease pursuant to this 
        subsection, the Secretary shall determine that adequate 
        consideration has been given to--
                    ``(A) relationship between the use of the leased 
                lands and the use of neighboring land;
                    ``(B) the height, quality, and safety of any 
                structures or other facilities to be constructed on the 
                leased land;
                    ``(C) the availability of police and fire 
                protection and other services on the leased land;
                    ``(D) the availability of judicial forums for all 
                criminal and civil causes of action arising on the 
                leased land; and
                    ``(E) the effects on the environment of the uses to 
                which the leased lands will be subject.'';
            (2) in subsection (b)--
                    (A) by striking ``(b) Any lease'' and inserting the 
                following:
    ``(b) Exception for Secretary Approval.--Any lease'';
                    (B) by striking ``of the Interior'' each place it 
                appears; and
                    (C) by striking ``clause (3)'' and inserting 
                ``paragraph'';
            (3) by redesignating subsections (a), (b), (c), and (d) as 
        subsections (b), (c), (d), and (a), respectively, and moving 
        the subsections so as to appear in alphabetical order; and
            (4) by striking ``subsection (a)'' each place it appears 
        and inserting ``subsection (b)''.
    (b) Technical Correction.--Section 2 of the Act of August 9, 1955 
(69 Stat. 539, chapter 615; 25 U.S.C. 415a) (commonly known as the 
``Long-Term Leasing Act''), is amended by inserting ``of the Interior'' 
after ``Secretary'' each place it appears.
    (c) Modification of Rights-of-Way Across Indian Land.--The first 
section of the Act of February 5, 1948 (62 Stat. 17, chapter 45; 25 
U.S.C. 323), is amended--
            (1) by striking ``That the Secretary of the Interior be, 
        and he is empowered to'' and inserting the following:

``SECTION 1. RIGHTS-OF-WAY FOR ALL PURPOSES ACROSS INDIAN LAND.

    ``(a) Rights-of-Way.--Except as provided in subsection (b), the 
Secretary of the Interior may''; and
            (2) by adding at the end the following:
    ``(b) Exception.--A right-of-way granted by an Indian tribe for the 
purposes authorized under this section shall not require the approval 
of the Secretary of the Interior, subject to the condition that--
            ``(1) the right-of-way approval process by the Indian tribe 
        substantially complies with subsection (h) of the first section 
        of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 
        U.S.C. 415(h)); or
            ``(2) the Indian tribe has tribal regulations approved by 
        the Secretary of the Interior under that subsection.''.
                                 &lt;all&gt;
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