I 
116TH CONGRESS 
2D SESSION 
H. R. 8951 
To empower federally recognized Indian Tribes with the option to designate 
restricted fee Tribal lands, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 10, 2020 
Mr. YOUNG (for himself and Mr. COLE) introduced the following bill; which 
was referred to the Committee on Natural Resources 
A BILL 
To empower federally recognized Indian Tribes with the op-
tion to designate restricted fee Tribal lands, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American Indian Land 
Empowerment Act of 2020’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
means a federally recognized Indian Tribe. 
VerDate Sep 11 2014 
22:34 Dec 27, 2020
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H8951.IH
H8951
kjohnson on DSK79L0C42PROD with BILLS
(2) RESTRICTED FEE STATUS.—The term ‘‘re-
stricted fee status’’ means— 
(A) owned in fee by the Indian Tribe by 
aboriginal title or conveyance; 
(B) part of the Indian Tribe’s reservation 
and subject to its jurisdiction, or if the Indian 
Tribe does not have a reservation, is located 
within the census-designated place in which the 
Indian Tribe is headquartered as of the date of 
enactment of this Act; 
(C) held by the Indian Tribe subject to a 
restriction against alienation and taxation and 
thus may not be sold by the Indian Tribe with-
out the consent of Congress (25 U.S.C. 177); 
(D) not subject to taxation by a State or 
local government other than the government of 
the Indian Tribe, including any activities occur-
ring on the land; 
(E) not subject to any provision of law 
providing for the review or approval by the Sec-
retary before the Indian Tribe may use the land 
for any purpose, directly or through agreement 
with another party; and 
(F) not considered as Federal public lands 
for any purpose, nor subject to any provision of 
VerDate Sep 11 2014 
22:34 Dec 27, 2020
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H8951.IH
H8951
kjohnson on DSK79L0C42PROD with BILLS
law providing for the review or approval by the 
Secretary before the Indian Tribe may use the 
land for any purpose, directly or through agree-
ment with another party. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
SEC. 3. TRIBAL OPTION TO DESIGNATE RESTRICTED FEE 
TRIBAL LANDS. 
(a) CONVERSION OF TRIBAL TRUST OR FEE LANDS 
TO RESTRICTED FEE LAND STATUS.—Notwithstanding 
any other provision of law, not later than 90 days after 
receipt by the Secretary of a written request adopted by 
the governing body of an Indian Tribe, the Secretary 
shall— 
(1) convey to the Indian Tribe, subject to a re-
striction imposed by the United States against alien-
ation and taxation, all right, title, and interest held 
by the United States in land specifically requested 
by the Indian Tribe which the United States holds 
in trust for that Indian Tribe; or 
(2) in the case of land owned in fee by an In-
dian Tribe and located within the Indian Tribe’s res-
ervation or, if the Indian Tribe does not have a res-
ervation, located within the census-designated place 
in which the Indian Tribe is headquartered as of the 
VerDate Sep 11 2014 
22:34 Dec 27, 2020
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H8951.IH
H8951
kjohnson on DSK79L0C42PROD with BILLS
date of enactment of this Act, designate such lands 
as subject to a restriction imposed by the United 
States against alienation and taxation. 
(b) FEE TO RESTRICTED FEE PROCESS.—If the Sec-
retary has not rendered a decision within 90 days of re-
ceipt of the Indian Tribe’s request to convert trust or eligi-
ble fee land, the request shall be deemed approved and 
the land shall automatically be considered as owned by the 
Indian Tribe in restricted fee status. 
(c) LAND MANAGEMENT.— 
(1) WRITTEN REQUEST.—An Indian Tribe that 
submits a written request for the Secretary to con-
vey trust land or eligible fee land under this section 
to restricted fee status shall specify in the request 
that either— 
(A) the Indian Tribe has elected for the 
Secretary to have responsibility for managing 
land use; or 
(B) the Indian Tribe has elected for the 
Secretary to recognize the Indian Tribe’s re-
sponsibility for managing land use. 
(2) TRANSFER.—If the Indian Tribe elects to 
manage land use, the Secretary shall transfer any 
Federal land management responsibilities to the In-
VerDate Sep 11 2014 
22:34 Dec 27, 2020
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H8951.IH
H8951
kjohnson on DSK79L0C42PROD with BILLS
dian Tribe upon conveyance of the restricted fee sta-
tus. 
(d) OPTION TO RESTORE TRUST STATUS.—An In-
dian Tribe that obtains restricted fee status to lands by 
converting trust lands in accordance with this section may 
restore the trust status of the land at its option on an 
expedited basis. Notwithstanding any other provision of 
law, not later than 90 days after receipt by the Secretary 
of a written status restoration request adopted by the gov-
erning body of an Indian Tribe that received a conveyance 
of land under this section, the Secretary shall take the 
land into trust for that Indian Tribe. The Secretary’s trust 
obligations with regard to the land— 
(1) shall reflect the Secretary’s trust obligations 
when the land was previously in trust; 
(2) shall not be expanded based on any modi-
fications, changes, or contamination on the land that 
occurred while the land was not in trust; and 
(3) may be reassumed by the Secretary based 
on circumstances that occur after the land is re-
turned to trust. 
(e) LIABILITY LIMITATION.—The Federal Govern-
ment shall not be subject to liability arising from modifica-
tions, changes, or contamination on land returned to trust 
VerDate Sep 11 2014 
22:34 Dec 27, 2020
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H8951.IH
H8951
kjohnson on DSK79L0C42PROD with BILLS
under subsection (d) that occurred while the land was not 
in trust. 
(f) ALLOTMENTS NOT AFFECTED.—This Act shall be 
inapplicable to trust allotments held by an Indian Tribe 
or an Indian, unless agreed to by the affected Indian Tribe 
or Indian owner of the allotment. 
SEC. 4. ADDITIONAL ATTRIBUTES OF RESTRICTED FEE 
TRIBAL LANDS. 
(a) LONG-TERM
LEASING.—Notwithstanding the 
provisions of the Act of August 9, 1955 (25 U.S.C. 415; 
commonly known as the ‘‘Long-Term Leasing Act’’), an 
Indian Tribe may lease land subject to a restriction im-
posed by the United States against alienation and tax-
ation, or grant an easement or right-of-way thereon, for 
a period that does not exceed 99 years without review and 
approval by the Secretary. 
(b) TRIBAL LAND MANAGEMENT.—Real property law 
enacted or established by an Indian Tribe shall— 
(1) preempt any provision of Federal law or 
regulation governing the use of such land, except as 
set forth in this Act; 
(2) be given preemptive effect only upon having 
been first published in the Federal Register; and 
(3) be published in the Federal Register by the 
Secretary not later than 120 days after the Sec-
VerDate Sep 11 2014 
22:34 Dec 27, 2020
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H8951.IH
H8951
kjohnson on DSK79L0C42PROD with BILLS
retary receives a copy of the Tribal law from the In-
dian Tribe. 
(c) APPLICABILITY OF THE INDIAN GAMING REGU-
LATORY ACT.—Land subject to a restriction imposed by 
the United States against alienation and taxation acquired 
by an Indian Tribe under the provisions of this section 
shall be treated as trust lands for purposes of the Indian 
Gaming Regulatory Act (25 U.S.C. 2701 et seq.). 
SEC. 5. RESPONSIBILITIES OF THE SECRETARY RELATING 
TO RESTRICTED FEE TRIBAL LANDS. 
(a) TRUST RESPONSIBILITY NOT DIMINISHED.— 
Nothing in this section shall be construed to diminish the 
Federal trust responsibility to any Indian Tribe. 
(b) SECRETARY’S TRUST RESPONSIBILITY TO PRO-
TECT RESTRICTED FEE TRIBAL LANDS.—With respect to 
restricted fee status lands, the Secretary shall enforce the 
provisions of the Act of June 30, 1834 (25 U.S.C. 177; 
4 Stat. 730), to protect the Indian Tribe’s title, ownership, 
tax immunity, and Indian country status of such lands. 
Æ 
VerDate Sep 11 2014 
22:34 Dec 27, 2020
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6301
E:\BILLS\H8951.IH
H8951
kjohnson on DSK79L0C42PROD with BILLS