Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?

115th Congress    }                                        {   Report
                         HOUSE OF REPRESENTATIVES
 1st Session      }                                        {  115-242

======================================================================



 
   TO PROVIDE THAT THE PUEBLO OF SANTA CLARA MAY LEASE FOR 99 YEARS 
            CERTAIN RESTRICTED LAND, AND FOR OTHER PURPOSES

                                _______
                                

 July 24, 2017.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                         [To accompany S. 249]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (S. 249) to provide that the pueblo of Santa Clara may 
lease for 99 years certain restricted land, and for other 
purposes, having considered the same, report favorably thereon 
without amendment and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of S. 249 is to provide that the pueblo of 
Santa Clara may lease for 99 years certain restricted land.

                  Background and Need for Legislation

    In 1834, with the enactment of the Non-intercourse Act 
(R.S. 2116, 25 U.S.C. 177), land transactions with Indians were 
prohibited unless authorized by Congress. Over time, such 
restrictions came to apply primarily to lands held in trust by 
the United States for the benefit of individual Indians or 
tribes (trust lands), and land title held in fee by Indians or 
tribes subject to a restriction on alienation (restricted fee 
lands).
    In 1955, Congress passed what is commonly known as the 
Indian Long-Term Leasing Act of 1955 (ILTLA, 25 U.S.C. 415) to 
soften the effect of the Non-Intercourse Act. The ILTLA 
generally authorizes any Indian lands (in trust or in 
restricted fee status) to be leased by their Indian owners, 
subject to the approval of the Secretary of the Interior, for 
``public, religious, educational, recreational, residential, or 
business purposes . . .'' for ``a term of not to exceed twenty-
five years'' except for grazing purposes, in which case the 
term shall not exceed ten years. The Act originally specified 
that non-grazing leases may be renewed up to one additional 
term of 25 years, under rules and regulations developed by the 
Secretary.\1\
---------------------------------------------------------------------------
    \1\The Act of Aug. 9, 1955, ch. 615, Sec. 1, 69 Stat. 539.
---------------------------------------------------------------------------
    Congress has amended the ILTLA more than 40 times to adjust 
the terms and conditions of leases of Indian lands, and to 
authorize leases of specific Indian lands by their Indian 
owners for a term of up to 99 years, subject to approval of the 
Secretary. In 1992, the ILTLA was amended to authorize leasing 
of up to 99 years for lands held in trust for the Pueblo of 
Santa Clara,\2\ and in 2011 was amended to authorize 99 year 
leases for lands held in trust for the Ohkay Owingeh Pueblo 
(formerly known as the Pueblo of San Juan).\3\
---------------------------------------------------------------------------
    \2\Public Law 102-497, 106 Stat. 3256.
    \3\Public Law 111-381, 124 Stat. 4133.
---------------------------------------------------------------------------
    The Santa Clara Pueblo is a tribal reservation located in 
Rio Arriba County, New Mexico, and is home to 1,018 tribal 
members.\4\ Along with the Ohkay Owingeh Pueblo, it is a member 
of the Eight Northern Pueblos of New Mexico. Located on the Rio 
Grande, about a mile south of Espanola, New Mexico, the Santa 
Clara Pueblo is a total of 2.1 square miles, or roughly 24 
acres. Currently, the reservation land consists of land granted 
from the Spanish through a land grant, and reservation land 
granted in 1905 through Executive Order XXVI (1905).
---------------------------------------------------------------------------
    \4\2010 United States Census Data.
---------------------------------------------------------------------------
    The Ohkay Owingeh Pueblo is a tribal reservation located 
along the Rio Grande River, approximately 25 miles north of 
Santa Fe, New Mexico. It is home to 2,723 enrolled members. 
Originally, the Supreme Court ruled that Indians were not the 
original settlers of this territory and reduced their land 
grant to 5,000 acres.\5\ However, since that time, additional 
lands have been attained by the reservation. As the Capital of 
the Eight Northern Pueblos in New Mexico, it is an important 
cultural touchstone for Indian tribes in New Mexico and the 
tribal governance structure.
---------------------------------------------------------------------------
    \5\U.S. v. Sandoval, 167 U.S. 278 (1897).
---------------------------------------------------------------------------
    While the Santa Clara and Ohkay Owingeh Pueblos currently 
have 99-year leasing authority, such authority applies only to 
the Tribes' trust lands. The purpose of S. 249 is to clarify 
that the Tribes may also lease their restricted fee lands for 
up to 99 years, subject to the usual approval of the Secretary.

                            Committee Action

    S. 249 was introduced on February 1, 2017, by Senator Tom 
Udall (D-NM). The Senate passed the bill by unanimous consent 
on May 8, 2017. In the House of Representatives, the bill was 
referred to the Committee on Natural Resources, and within the 
Committee to the Subcommittee on Indian, Insular and Alaska 
Native Affairs. On June 7, 2017, the Subcommittee held a 
hearing on the bill. On June 22, 2017, the Natural Resources 
Committee met to consider the bill. The Subcommittee was 
discharged by unanimous consent. No amendments were offered, 
and the bill was ordered favorably reported to the House of 
Representatives by unanimous consent on June 27, 2017.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      Compliance With House Rule XIII and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 5, 2017.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 249, an act to 
provide that the Pueblo of Santa Clara may lease for 99 years 
certain restricted land, and for other purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

S. 249--An act to provide that the Pueblo of Santa Clara may lease for 
        99 years certain restricted land, and for other purposes

    S. 249 would authorize the Pueblo of Santa Clara and the 
Ohkay Owingeh Pueblo to lease tribal lands for up to 99 years. 
In general, under current law, the tribes can lease tribal 
lands to schools, businesses, and public entities for up to 25 
years.
    CBO estimates that implementing S. 249 would have no effect 
on the federal budget because any additional proceeds from such 
leases would accrue to the owners of the land. Enacting S. 249 
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures would not apply.
    CBO estimates that enacting S. 249 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    S. 249 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act. The 
Pueblo of Santa Clara and the Ohkay Owingeh Pueblo would 
benefit from provisions in the legislation that allow the 
tribes to lease land for up to 99 years, regardless of the 
trust status of the land.
    On February 17, 2017, CBO transmitted a cost estimate for 
S. 249, a bill to provide that the Pueblo of Santa Clara may 
lease for 99 years certain restricted land, and for other 
purposes, as ordered reported by the Senate Committee on Indian 
Affairs on February 8, 2017. The two versions of the 
legislation are similar and CBO's estimates of their budgetary 
effects are the same.
    The CBO staff contacts for this estimate are Robert Reese 
(for federal costs) and Rachel Austin (for intergovernmental 
mandates). The estimate was approved by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to provide that the pueblo of Santa 
Clara may lease for 99 years certain restricted land.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                         ACT OF AUGUST 9, 1955


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.

   Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That (a) 
any restricted Indian lands, whether tribally or individually 
owned, may be leased by the Indian owners, with the approval of 
the Secretary of the Interior, for public, religious, 
educational, recreational, residential, or business purposes, 
including the development or utilization of natural resources 
in connection with operations under such leases, for grazing 
purposes, and for those farming purposes which require the 
making of a substantial investment in the improvement of the 
land for the production of specialized crops as determined by 
said Secretary. All leases so granted shall be for a term of 
not to exceed twenty-five years, except leases of land located 
outside the boundaries of Indian reservations in the State of 
New Mexico, leases of land on the Agua Caliente (Palm Springs) 
Reservation, the Dania Reservation, the Pueblo of Santa Ana 
(with the exception of the lands known as the ``Santa Ana 
Pueblo Spanish Grant''), the reservation of the Confederated 
Tribes of the Warm Springs Reservation of Oregon, the Moapa 
Indian Reservation, the Swinomish Indian Reservation, the 
Southern Ute Reservation, the Fort Mojave Reservation, the 
Confederated Tribes of the Umatilla Indian Reservation, the 
Burns Paiute Reservation, the Kalispel Indian Reservation and 
land held in trust for the Kalispel Tribe of Indians, the 
Puyallup Tribe of [Indians,,] Indians, the pueblo of Cochiti, 
Ohkay Owingeh pueblo, the pueblo of Pojoaque, the pueblo of 
Santa Clara, the pueblo of Tesuque, the pueblo of Zuni, the 
Hualapai Reservation, the Spokane Reservation, the San Carlos 
Apache Reservation, the Yavapai-Prescott Community 
Reservations, the Pyramid Lake Reservation, the Gila River 
Reservation, the Soboba Indian Reservation, the Viejas Indian 
Reservation, the Tulalip Indian Reservation, the Navajo 
Reservation, the Cabazon Indian Reservation, the Muckleshoot 
Indian Reservation and land held in trust for the Muckleshoot 
Indian Tribe, the Mille Lacs Reservation with respect to a 
lease between an entity established by the Mille Lacs Band of 
Chippewa Indians and the Minnesota Historical Society, leases 
of [the the lands] the land comprising the Moses Allotment 
Numbered 8 and the Moses Allotment Numbered 10, Chelan County, 
Washington, and lands held in trust for the Las Vegas Paiute 
Tribe of Indians, and lands held in trust for the Twenty-nine 
Palms Band of Luiseno Mission Indians, and lands held in trust 
for the Reno Sparks Indian Colony, lands held in trust for the 
Torres Martinez Desert Cahuilla Indians, lands held in trust 
for the Guidiville Band of Pomo Indians of the Guidiville 
Indian Rancheria, lands held in trust for the Confederated 
Tribes of the Umatilla Indian Reservation, lands held in trust 
for the Confederated Tribes of the Warm Springs Reservation of 
Oregon, land held in trust for the Coquille Indian Tribe, land 
held in trust for the Confederated Tribes of Siletz Indians, 
land held in trust for the Confederated Tribes of the Coos, 
Lower Umpqua, and Siuslaw Indians, land held in trust for the 
Klamath Tribes, and land held in trust for the Burns Paiute 
Tribe, and lands held in trust for the Cow Creek Band of Umpqua 
Tribe of Indians, land held in trust for the Prairie Band 
Potawatomi Nation, lands held in trust for the Cherokee Nation 
of Oklahoma, land held in trust for the Fallon Paiute Shoshone 
Tribes, [lands held in trust for the Pueblo of Santa Clara,] 
land held in trust for the Yurok Tribe, land held in trust for 
the Hopland Band of Pomo Indians of the Hopland Rancheria, 
lands held in trust for the Yurok Tribe, lands held in trust 
for the Hopland Band of Pomo Indians of the Hopland Rancheria, 
lands held in trust for the Confederated Tribes of the Colville 
Reservation, lands held in trust for the Cahuilla Band of 
Indians of California, lands held in trust for the confederated 
Tribes of the Grand Ronde Community of Oregon, and the lands 
held in trust for the Confederated Salish and Kootenai Tribes 
of the Flathead Reservation, Montana, and leases to the Devils 
Lake Sioux Tribe, or any organization of such tribe, of land on 
the Devils Lake Sioux Reservation, and [lands held in trust for 
Ohkay Owingeh Pueblo] which may be for a term of not to exceed 
ninety-nine years, and except leases of land held in trust for 
the Morongo Band of Mission Indians which may be for a term of 
not to exceed 50 years, and except leases of land for grazing 
purposes which may be for a term of not to exceed ten years. 
Leases for public, religious, educational, recreational, 
residential, or business purposes with the consent of both 
parties may include provisions authorizing their renewal for 
one additional term of not to exceed twenty-five years, and all 
leases and renewals shall be made under such terms and 
regulations as may be prescribed by the Secretary of the 
Interior. Prior to approval of any lease or extension of an 
existing lease pursuant to this section, the Secretary of the 
Interior shall first satisfy himself that adequate 
consideration has been given to the relationship between the 
use of the leased lands and the use of neighboring lands; the 
height, quality, and safety of any structures or other 
facilities to be constructed on such lands; the availability of 
police and fire protection and other services; the availability 
of judicial forums for all criminal and civil causes arising on 
the leased lands; and the effect on the environment of the uses 
to which the leased lands will be subject.
  (b) Any lease by the Tulalip Tribes, the Puyallup Tribe of 
Indians, the Swinomish Indian Tribal Community, or the Kalispel 
Tribe of Indians under subsection (a) of this section, except a 
lease for the exploitation of any natural resource, shall not 
require the approval of the Secretary of the Interior (1) if 
the term of the lease does not exceed fifteen years, with no 
option to renew, (2) if the term of the lease does not exceed 
thirty years, with no option to renew, and the lease is 
executed pursuant to tribal regulations previously approved by 
the Secretary of the Interior, or (3) if the term does not 
exceed seventy-five years (including options to renew), and the 
lease is executed under tribal regulations approved by the 
Secretary under this clause (3).
  (c) Leases Involving the Hopi Tribe and the Hopi Partitioned 
Lands Accommodation Agreement.--Notwithstanding subsection (a), 
a lease of land by the Hopi Tribe to Navajo Indians on the Hopi 
Partitioned Lands may be for a term of 75 years, and may be 
extended at the conclusion of the term of the lease.
  (d) Definitions.--For purposes of this section--
          (1) the term ``Hopi Partitioned Lands'' means lands 
        located in the Hopi Partitioned Area, as defined in 
        section 168.1(g) of title 25, Code of Federal 
        Regulations (as in effect on the date of enactment of 
        this subsection);
          (2) the term ``Navajo Indians'' means members of the 
        Navajo Tribe;
          (3) the term ``individually owned Navajo Indian 
        allotted land'' means a single parcel of land that--
                  (A) is located within the jurisdiction of the 
                Navajo Nation;
                  (B) is held in trust or restricted status by 
                the United States for the benefit of Navajo 
                Indians or members of another Indian tribe; and
                  (C) was--
                          (i) allotted to a Navajo Indian; or
                          (ii) taken into trust or restricted 
                        status by the United States for an 
                        individual Indian;
          (4) the term ``interested party'' means an Indian or 
        non-Indian individual or corporation, or tribal or non-
        tribal government whose interests could be adversely 
        affected by a tribal trust land leasing decision made 
        by an applicable Indian tribe;
          (5) the term ``Navajo Nation'' means the Navajo 
        Nation government that is in existence on the date of 
        enactment of this Act or its successor;
          (6) the term ``petition'' means a written request 
        submitted to the Secretary for the review of an action 
        (or inaction) of an Indian tribe that is claimed to be 
        in violation of the approved tribal leasing 
        regulations;
          (7) the term ``Secretary'' means the Secretary of the 
        Interior;
          (8) the term ``tribal regulations'' means regulations 
        enacted in accordance with applicable tribal law and 
        approved by the Secretary;
          (9) the term ``Indian tribe'' has the meaning given 
        such term in section 102 of the Federally Recognized 
        Indian Tribe List Act of 1994 (25 U.S.C. 479a); and
          (10) the term ``individually owned allotted land'' 
        means a parcel of land that--
                  (A)(i) is located within the jurisdiction of 
                an Indian tribe; or
                  (ii) is held in trust or restricted status by 
                the United States for the benefit of an Indian 
                tribe or a member of an Indian tribe; and
                  (B) is allotted to a member of an Indian 
                tribe.
  (e)(1) Any leases by the Navajo Nation for purposes 
authorized under subsection (a), and any amendments thereto, 
except a lease for the exploration, development, or extraction 
of any mineral resources, shall not require the approval of the 
Secretary if the lease is executed under the tribal regulations 
approved by the Secretary under this subsection and the term of 
the lease does not exceed--
          (A) in the case of a business or agricultural lease, 
        25 years, except that any such lease may include an 
        option to renew for up to two additional terms, each of 
        which may not exceed 25 years; and
          (B) in the case of a lease for public, religious, 
        educational, recreational, or residential purposes, 75 
        years if such a term is provided for by the Navajo 
        Nation through the promulgation of regulations.
  (2) Paragraph (1) shall not apply to individually owned 
Navajo Indian allotted land.
  (3) The Secretary shall have the authority to approve or 
disapprove tribal regulations referred to under paragraph (1). 
The Secretary shall approve such tribal regulations if such 
regulations are consistent with the regulations of the 
Secretary under subsection (a), and any amendments thereto, and 
provide for an environmental review process. The Secretary 
shall review and approve or disapprove the regulations of the 
Navajo Nation within 120 days of the submission of such 
regulations to the Secretary. Any disapproval of such 
regulations by the Secretary shall be accompanied by written 
documentation that sets forth the basis for the disapproval. 
Such 120-day period may be extended by the Secretary after 
consultation with the Navajo Nation.
  (4) If the Navajo Nation has executed a lease pursuant to 
tribal regulations under paragraph (1), the Navajo Nation shall 
provide the Secretary with--
          (A) a copy of the lease and all amendments and 
        renewals thereto; and
          (B) in the case of regulations or a lease that 
        permits payment to be made directly to the Navajo 
        Nation, documentation of the lease payments sufficient 
        to enable the Secretary to discharge the trust 
        responsibility of the United States under paragraph 
        (5).
  (5) The United States shall not be liable for losses 
sustained by any party to a lease executed pursuant to tribal 
regulations under paragraph (1), including the Navajo Nation. 
Nothing in this paragraph shall be construed to diminish the 
authority of the Secretary to take appropriate actions, 
including the cancellation of a lease, in furtherance of the 
trust obligation of the United States to the Navajo Nation.
  (6)(A) An interested party may, after exhaustion of tribal 
remedies, submit, in a timely manner, a petition to the 
Secretary to review the compliance of the Navajo Nation with 
any regulations approved under this subsection. If upon such 
review the Secretary determines that the regulations were 
violated, the Secretary may take such action as may be 
necessary to remedy the violation, including rescinding the 
approval of the tribal regulations and reassuming 
responsibility for the approval of leases for Navajo Nation 
tribal trust lands.
  (B) If the Secretary seeks to remedy a violation described in 
subparagraph (A), the Secretary shall--
          (i) make a written determination with respect to the 
        regulations that have been violated;
          (ii) provide the Navajo Nation with a written notice 
        of the alleged violation together with such written 
        determination; and
          (iii) prior to the exercise of any remedy or the 
        rescission of the approval of the regulation involved 
        and the reassumption of the lease approval 
        responsibility, provide the Navajo Nation with a 
        hearing on the record and a reasonable opportunity to 
        cure the alleged violation.
  (f) Any contract, including a lease or construction contract, 
affecting land within the Gila River Indian Community 
Reservation may contain a provision for the binding arbitration 
of disputes arising out of such contract. Such contracts shall 
be considered within the meaning of ``commerce'' as defined and 
subject to the provisions of section 1 of title 9, United 
States Code. Any refusal to submit to arbitration pursuant to a 
binding agreement for arbitration or the exercise of any right 
conferred by title 9 to abide by the outcome of arbitration 
pursuant to the provisions of chapter 1 of title 9, sections 1 
through 14, United States Code, shall be deemed to be a civil 
action arising under the Constitution, laws or treaties of the 
United States within the meaning of section 1331 of title 28, 
United States Code.
  (g) Lease of Tribally-Owned Land by Assiniboine and Sioux 
Tribes of the Fort Peck Reservation.--
          (1) In general.--Notwithstanding subsection (a) and 
        any regulations under part 162 of title 25, Code of 
        Federal Regulations (or any successor regulation), 
        subject to paragraph (2), the Assiniboine and Sioux 
        Tribes of the Fort Peck Reservation may lease to the 
        Northern Border Pipeline Company tribally-owned land on 
        the Fort Peck Indian Reservation for 1 or more 
        interstate gas pipelines.
          (2) Conditions.--A lease entered into under paragraph 
        (1)--
                  (A) shall commence during fiscal year 2011 
                for an initial term of 25 years;
                  (B) may be renewed for an additional term of 
                25 years; and
                  (C) shall specify in the terms of the lease 
                an annual rental rate--
                          (i) which rate shall be increased by 
                        3 percent per year on a cumulative 
                        basis for each 5-year period; and
                          (ii) the adjustment of which in 
                        accordance with clause (i) shall be 
                        considered to satisfy any review 
                        requirement under part 162 of title 25, 
                        Code of Federal Regulations (or any 
                        successor regulation).
  (h) Tribal Approval of Leases.--
          (1) In general.--At the discretion of any Indian 
        tribe, any lease by the Indian tribe for the purposes 
        authorized under subsection (a) (including any 
        amendments to subsection (a)), except a lease for the 
        exploration, development, or extraction of any mineral 
        resources, shall not require the approval of the 
        Secretary, if the lease is executed under the tribal 
        regulations approved by the Secretary under this 
        subsection and the term of the lease does not exceed--
                  (A) in the case of a business or agricultural 
                lease, 25 years, except that any such lease may 
                include an option to renew for up to 2 
                additional terms, each of which may not exceed 
                25 years; and
                  (B) in the case of a lease for public, 
                religious, educational, recreational, or 
                residential purposes, 75 years, if such a term 
                is provided for by the regulations issued by 
                the Indian tribe.
          (2) Allotted land.--Paragraph (1) shall not apply to 
        any lease of individually owned Indian allotted land.
          (3) Authority of secretary over tribal regulations.--
                  (A) In general.--The Secretary shall have the 
                authority to approve or disapprove any tribal 
                regulations issued in accordance with paragraph 
                (1).
                  (B) Considerations for approval.--The 
                Secretary shall approve any tribal regulation 
                issued in accordance with paragraph (1), if the 
                tribal regulations--
                          (i) are consistent with any 
                        regulations issued by the Secretary 
                        under subsection (a) (including any 
                        amendments to the subsection or 
                        regulations); and
                          (ii) provide for an environmental 
                        review process that includes--
                                  (I) the identification and 
                                evaluation of any significant 
                                effects of the proposed action 
                                on the environment; and
                                  (II) a process for ensuring 
                                that--
                                          (aa) the public is 
                                        informed of, and has a 
                                        reasonable opportunity 
                                        to comment on, any 
                                        significant 
                                        environmental impacts 
                                        of the proposed action 
                                        identified by the 
                                        Indian tribe; and
                                          (bb) the Indian tribe 
                                        provides responses to 
                                        relevant and 
                                        substantive public 
                                        comments on any such 
                                        impacts before the 
                                        Indian tribe approves 
                                        the lease.
                  (C) Technical assistance.--The Secretary may 
                provide technical assistance, upon request of 
                the Indian tribe, for development of a 
                regulatory environmental review process under 
                subparagraph (B)(ii).
                  (D) Indian self-determination act.--The 
                technical assistance to be provided by the 
                Secretary pursuant to subparagraph (C) may be 
                made available through contracts, grants, or 
                agreements entered into in accordance with, and 
                made available to entities eligible for, such 
                contracts, grants, or agreements under the 
                Indian Self-Determination Act (25 U.S.C. 450 et 
                seq.).
          (4) Review process.--
                  (A) In general.--Not later than 120 days 
                after the date on which the tribal regulations 
                described in paragraph (1) are submitted to the 
                Secretary, the Secretary shall review and 
                approve or disapprove the regulations.
                  (B) Written documentation.--If the Secretary 
                disapproves the tribal regulations described in 
                paragraph (1), the Secretary shall include 
                written documentation with the disapproval 
                notification that describes the basis for the 
                disapproval.
                  (C) Extension.--The deadline described in 
                subparagraph (A) may be extended by the 
                Secretary, after consultation with the Indian 
                tribe.
          (5) Federal environmental review.--Notwithstanding 
        paragraphs (3) and (4), if an Indian tribe carries out 
        a project or activity funded by a Federal agency, the 
        Indian tribe shall have the authority to rely on the 
        environmental review process of the applicable Federal 
        agency rather than any tribal environmental review 
        process under this subsection.
          (6) Documentation.--If an Indian tribe executes a 
        lease pursuant to tribal regulations under paragraph 
        (1), the Indian tribe shall provide the Secretary 
        with--
                  (A) a copy of the lease, including any 
                amendments or renewals to the lease; and
                  (B) in the case of tribal regulations or a 
                lease that allows for lease payments to be made 
                directly to the Indian tribe, documentation of 
                the lease payments that are sufficient to 
                enable the Secretary to discharge the trust 
                responsibility of the United States under 
                paragraph (7).
          (7) Trust responsibility.--
                  (A) In general.--The United States shall not 
                be liable for losses sustained by any party to 
                a lease executed pursuant to tribal regulations 
                under paragraph (1).
                  (B) Authority of secretary.--Pursuant to the 
                authority of the Secretary to fulfill the trust 
                obligation of the United States to the 
                applicable Indian tribe under Federal law 
                (including regulations), the Secretary may, 
                upon reasonable notice from the applicable 
                Indian tribe and at the discretion of the 
                Secretary, enforce the provisions of, or 
                cancel, any lease executed by the Indian tribe 
                under paragraph (1).
          (8) Compliance.--
                  (A) In general.--An interested party, after 
                exhausting of any applicable tribal remedies, 
                may submit a petition to the Secretary, at such 
                time and in such form as the Secretary 
                determines to be appropriate, to review the 
                compliance of the applicable Indian tribe with 
                any tribal regulations approved by the 
                Secretary under this subsection.
                  (B) Violations.--If, after carrying out a 
                review under subparagraph (A), the Secretary 
                determines that the tribal regulations were 
                violated, the Secretary may take any action the 
                Secretary determines to be necessary to remedy 
                the violation, including rescinding the 
                approval of the tribal regulations and 
                reassuming responsibility for the approval of 
                leases of tribal trust lands.
                  (C) Documentation.--If the Secretary 
                determines that a violation of the tribal 
                regulations has occurred and a remedy is 
                necessary, the Secretary shall--
                          (i) make a written determination with 
                        respect to the regulations that have 
                        been violated;
                          (ii) provide the applicable Indian 
                        tribe with a written notice of the 
                        alleged violation together with such 
                        written determination; and
                          (iii) prior to the exercise of any 
                        remedy, the rescission of the approval 
                        of the regulation involved, or the 
                        reassumption of lease approval 
                        responsibilities, provide the 
                        applicable Indian tribe with--
                                  (I) a hearing that is on the 
                                record; and
                                  (II) a reasonable opportunity 
                                to cure the alleged violation.
          (9) Savings clause.--Nothing in this subsection shall 
        affect subsection (e) or any tribal regulations issued 
        under that subsection.

           *       *       *       *       *       *       *