Unlocking Native Lands and Opportunities for Commerce and Key Economic Developments Act of 2025

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3383 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                S. 3383

 To amend the Act of August 9, 1955, to make improvements to that Act,
                        and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             December 8 (legislative day, December 4), 2025

  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 make improvements to that Act,
                        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 2025''.

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

    (a) Leases of Trust or Restricted Lands.--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) in subsection (a), in the second sentence, by inserting
        ``, land held in trust for any other Indian tribe, band,
        pueblo, village, community, component hand, or component
        reservation individually included (including parenthetically)
        on the most recent list published by the Secretary pursuant to
        section 104(a) of the Federally Recognized Indian Tribe List
        Act of 1994 (25 U.S.C. 5131(a))'' after ``Chehalis
        Reservation'';
            (2) by striking ``That (a) any'' and inserting the
        following:

``SECTION 1. LEASES OF TRUST OR RESTRICTED LANDS.

    ``(a) Authorized Purposes; Term; Approval by Secretary.--Any''; and
            (3) in subsection (h)(1)--
                    (A) in the matter preceding subparagraph (A), by
                striking ``and the term of the lease does not exceed--
                '' and inserting a period; and
                    (B) by striking subparagraphs (A) and (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) Modifications of Rights-of-Way Across Indian Land.--The Act of
February 5, 1948 (62 Stat. 17, chapter 45), is amended--
            (1) in the first section (62 Stat. 17, chapter 45; 25
        U.S.C. 323), by striking ``That the Secretary of the Interior
        be, and he is hereby, empowered to'' and inserting the
        following:

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

    ``(a) Rights-of-Way.--The Secretary of the Interior may'';
            (2) in section 2 (62 Stat. 18, chapter 45; 25 U.S.C. 324),
        by striking ``organized under the Act of June 18, 1934 (48
        Stat. 984), as amended; the Act of May 1, 1936 (49 Stat. 1250);
        or the Act of June 26, 1936 (49 Stat. 1967),''; and
            (3) by adding at the end the following:

``SEC. 8. TRIBAL GRANTS OF RIGHTS-OF-WAY.

    ``(a) Rights-of-Way.--
            ``(1) In general.--Subject to paragraph (2), an Indian
        tribe may grant a right-of-way over and across the Tribal land
        of the Indian tribe for any purpose.
            ``(2) Authority.--A right-of-way granted under paragraph
        (1) shall not require the approval of the Secretary of the
        Interior or a grant by the Secretary of the Interior under the
        section 1 if the right-of-way granted under paragraph (1) is
        executed in accordance with a Tribal regulation approved by the
        Secretary of the Interior under subsection (b).
    ``(b) Review of Tribal Regulations.--
            ``(1) Tribal regulation submission and approval.--
                    ``(A) Submission.--An Indian tribe seeking to grant
                a right-of-way under subsection (a) shall submit for
                approval a Tribal regulation governing the granting of
                rights-of-way over and across the Tribal land of the
                Indian tribe.
                    ``(B) Approval.--Subject to paragraph (2), the
                Secretary of the Interior shall have the authority to
                approve or disapprove any Tribal regulation submitted
                under subparagraph (A).
            ``(2) Considerations for approval.--
                    ``(A) In general.--The Secretary of the Interior
                shall approve a Tribal regulation submitted under
                paragraph (1)(A), if the Tribal regulation--
                            ``(i) is consistent with any regulations
                        (or successor regulations) issued by the
                        Secretary of the Interior under section 4;
                            ``(ii) provides for an environmental review
                        process that includes--
                                    ``(I) the identification and
                                evaluation of any significant impacts
                                the proposed action may have on the
                                environment; and
                                    ``(II) a process for ensuring--
                                            ``(aa) that 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 under
                                        subclause (I); and
                                            ``(bb) the Indian tribe
                                        provides a response to each
                                        relevant and substantive public
                                        comment on the significant
                                        environmental impacts
                                        identified by the Indian tribe
                                        under subclause (I) before the
                                        Indian tribe approves the
                                        right-of-way.
                    ``(B) Statutory exemptions.--The Secretary of the
                Interior, in making an approval decision under this
                subsection, shall not be subject to--
                            ``(i) the National Environmental Policy Act
                        of 1969 (42 U.S.C. 4321 et seq.);
                            ``(ii) section 306108 of title 54, United
                        States Code; or
                            ``(iii) the Endangered Species Act of 1973
                        (16 U.S.C. 1531 et seq.).
            ``(3) Review process.--
                    ``(A) In general.--Not later than 180 days after
                the date on which the Indian tribe submits a Tribal
                regulation to the Secretary of the Interior under
                paragraph (1)(A), the Secretary of the Interior shall--
                            ``(i) review the Tribal regulation;
                            ``(ii) approve or disapprove the Tribal
                        regulation; and
                            ``(iii) notify the Indian tribe that
                        submitted the Tribal regulation of the approval
                        or disapproval.
                    ``(B) Written documentation.--If the Secretary of
                the Interior disapproves a Tribal regulation submitted
                under paragraph (1)(A), the Secretary of the Interior
                shall include with the disapproval notification under
                subparagraph (A)(iii) written documentation describing
                the basis for the disapproval.
                    ``(C) Extension.--The Secretary of the Interior
                may, after consultation with the Indian tribe that
                submitted a Tribal regulation under paragraph (1)(A),
                extend the 180-day period described in subparagraph
                (A).
            ``(4) Federal environmental review.--Notwithstanding
        paragraphs (2) and (3), if an Indian tribe carries out a
        project or activity funded by a Federal agency, the Indian
        tribe may rely on the environmental review process of the
        applicable Federal agency rather than any Tribal environmental
        review process required under this subsection.
    ``(c) Documentation.--An Indian tribe granting a right-of-way under
subsection (a) shall provide to the Secretary of the Interior--
            ``(1) a copy of the right-of-way, including any amendments
        or renewals; and
            ``(2) if the right-of-way allows for compensation to be
        made directly to the Indian tribe, documentation of payments
        that are sufficient, as determined by the Secretary of the
        Interior, as to enable the Secretary of the Interior to
        discharge the trust responsibility of the United States under
        subsection (d).
    ``(d) Trust Responsibility.--
            ``(1) In general.--The United States shall not be liable
        for losses sustained by any party to a right-of-way granted
        under subsection (a).
            ``(2) Authority of the secretary.--
                    ``(A) In general.--Pursuant to the authority of the
                Secretary of the Interior to fulfill the trust
                obligation of the United States to the applicable
                Indian tribe under Federal law (including regulations),
                the Secretary of the Interior may, on reasonable notice
                from the applicable Indian tribe and at the discretion
                of the Secretary of the Interior, enforce the
                provisions of, or cancel, any right-of-way granted by
                the Indian tribe under subsection (a).
                    ``(B) Authority.--The enforcement or cancellation
                of a right-of-way under subparagraph (A) shall be
                conducted using regulatory procedures issued under
                section 6.
    ``(e) Compliance.--
            ``(1) In general.--An interested party, after exhaustion of
        any applicable Tribal remedies, may submit a petition to the
        Secretary of the Interior, at such time and in such form as
        determined by the Secretary of the Interior, to review the
        compliance of an applicable Indian tribe with a Tribal
        regulation approved by the Secretary of the Interior under
        subsection (b).
            ``(2) Violations.--If the Secretary of the Interior
        determines that a Tribal regulation was violated after
        conducting a review under paragraph (1), the Secretary of the
        Interior may take any action the Secretary of the Interior
        determines to be necessary to remedy the violation, including
        rescinding the approval of the Tribal regulation and reassuming
        responsibility for approving rights-of-way through the trust
        land of the applicable Indian tribe.
            ``(3) Documentation.--If the Secretary of the Interior
        determines that a Tribal regulation was violated after
        conducting a review under paragraph (1), the Secretary of the
        Interior shall--
                    ``(A) provide written documentation, with respect
                to the Tribal regulation that has been violated, to the
                appropriate interested party and Indian tribe;
                    ``(B) provide the applicable Indian tribe with a
                written notice of the alleged violation; and
                    ``(C) prior to the exercise of any remedy,
                including rescinding the approval for the applicable
                Tribal regulation or reassuming responsibility for
                approving rights-of-way through the trust land of the
                applicable Indian tribe, provide the applicable Indian
                tribe with--
                            ``(i) a hearing that is on the record; and
                            ``(ii) a reasonable opportunity to cure the
                        alleged violation.
    ``(f) Savings Clause.--Nothing in this section affects the
application of any Tribal regulations issued under Federal
environmental law.
    ``(g) Effect of Tribal Regulations.--An approved Tribal regulation
under subsection (b) shall not preclude an Indian tribe from, in the
discretion of the Indian tribe, consenting to the grant of a right-of-
way by the Secretary of the Interior under the section 1.
    ``(h) Terms of Right-of-Way.--The compensation for, and terms of, a
right-of-way granted under subsection (a) will be determined by--
            ``(1) negotiations by the Indian tribe; or
            ``(2) the regulations of the Indian tribe.
    ``(i) Jurisdiction.--The grant of a right-of-way under subsection
(a) does not waive the sovereign immunity of the Indian tribe or
diminish the jurisdiction of that Indian tribe over the Tribal land
subject to the right-of-way, unless otherwise provided in--
            ``(1) the grant of the right-of-way; or
            ``(2) the regulations of the Indian tribe.''.
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