leasing restricted lands

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 20, 2004]
[Document not affected by Public Laws enacted between
January 20, 2004 and December 23, 2004]
[CITE: 25USC415]

TITLE 25--INDIANS

CHAPTER 12--LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS

Sec. 415. Leases of restricted lands

(a) Authorized purposes; term; approval by Secretary

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,\1\ the Swinomish Indian
Reservation, the Southern Ute Reservation, the Fort Mojave Reservation,
the Burns Paiute Reservation, the Coeur d'Alene Indian Reservation, the
Kalispel Indian Reservation, the pueblo of Cochiti, the pueblo of
Pojoaque, the pueblo of Tesuque, the pueblo of Zuni, the Hualapai
Reservation, the Spokane Reservation, the San Carlos Apache Reservation,
Yavapai-Prescott \2\ Community Reservation, 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 Mille Lacs
Indian 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 lands comprising the Moses Allotment Numbered 10,
Chelan County, Washington,,\1\ 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, lands held in trust for the Cherokee Nation of Oklahoma, lands
held in trust for the Pueblo of Santa Clara, 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, which may be for a term of not to exceed ninety-nine 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 (except leases the
initial term of which extends for more than seventy-four years) 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.
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\1\ So in original.
\2\ So in original. Probably should be preceded by ``the''.
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(b) Leases involving Tulalip Tribes

Any lease by the Tulalip Tribes 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 Hopi Tribe and Hopi Partitioned Lands Accommodation
Agreement

Notwithstanding subsection (a) of this section, 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 October 11, 1996);
(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 the Navajo Nation;
(5) the term ``Navajo Nation'' means the Navajo Nation
government that is in existence on August 9, 1955, or its successor;
(6) the term ``petition'' means a written request submitted to
the Secretary for the review of an action (or inaction) of the
Navajo Nation that is claimed to be in violation of the approved
tribal leasing regulations;
(7) the term ``Secretary'' means the Secretary of the Interior;
and
(8) the term ``tribal regulations'' means the Navajo Nation
regulations enacted in accordance with Navajo Nation law and
approved by the Secretary.

(e) Leases of restricted lands for the Navajo Nation

(1) Any leases by the Navajo Nation for purposes authorized under
subsection (a) of this section, 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) of this section,
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) Leases involving Gila River Indian Community Reservation;
arbitration of disputes

Any lease entered into under sections 415 to 415d of this title, or
any contract entered into under section 81 of this title, affecting land
within the Gila River Indian Community Reservation may contain a
provision for the binding arbitration of disputes arising out of such
lease or contract. Such leases or contracts entered into pursuant to
such Acts shall be considered within the meaning of ``commerce'' as
defined and subject to the provisions of section 1 of title 9. 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, 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.

(g) Lease of tribally-owned land by Assiniboine and Sioux Tribes of the
Fort Peck Reservation

(1) In general

Notwithstanding subsection (a) of this section 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).

(Aug. 9, 1955, ch. 615, Sec. 1, 69 Stat. 539; Pub. L. 86-326, Sept. 21,
1959, 73 Stat. 597; Pub. L. 86-505, Sec. 2, June 11, 1960, 74 Stat. 199;
Pub. L. 87-375, Oct. 4, 1961, 75 Stat. 804; Pub. L. 87-785, Oct. 10,
1962, 76 Stat. 805; Pub. L. 88-167, Nov. 4, 1963, 77 Stat. 301; Pub. L.
89-408, Apr. 27, 1966, 80 Stat. 132; Pub. L. 90-182, Dec. 8, 1967, 81
Stat. 559; Pub. L. 90-184, Dec. 10, 1967, 81 Stat. 560; Pub. L. 90-335,
Sec. 1(f), June 10, 1968, 82 Stat. 175; Pub. L. 90-355, June 20, 1968,
82 Stat. 242; Pub. L. 90-534, Sec. 6, Sept. 28, 1968, 82 Stat. 884; Pub.
L. 90-570, Oct. 12, 1968, 82 Stat. 1003; Pub. L. 91-274, Secs. 2, 3,
June 2, 1970, 84 Stat. 302; Pub. L. 91-275, Secs. 1, 2, June 2, 1970, 84
Stat. 303; Pub. L. 91-557, Sec. 8, Dec. 17, 1970, 84 Stat. 1468; Pub. L.
92-182, Sec. 6, Dec. 15, 1971, 85 Stat. 626; Pub. L. 92-431, Sept. 26,
1972, 86 Stat. 723; Pub. L. 92-472, Sec. 7, Oct. 9, 1972, 86 Stat. 788;
Pub. L. 92-488, Sec. 4, Oct. 13, 1972, 86 Stat. 806; Pub. L. 96-216,
Mar. 27, 1980, 94 Stat. 125; Pub. L. 96-491, Sec. 3, Dec. 2, 1980, 94
Stat. 2564; Pub. L. 97-459, title I, Sec. 107, Jan. 12, 1983, 96 Stat.
2516; Pub. L. 98-70, Aug. 8, 1983, 97 Stat. 401; Pub. L. 98-203,
Sec. 1(c), Dec. 2, 1983, 97 Stat. 1384; Pub. L. 99-221, Sec. 2, Dec. 26,
1985, 99 Stat. 1735; Pub. L. 99-389, Sec. 3(a), Aug. 23, 1986, 100 Stat.
829; Pub. L. 99-500, Sec. 101(h) [title I, Sec. 122], Oct. 18, 1986, 100
Stat. 1783-242, 1783-267, and Pub. L. 99-591, Sec. 101(h) [title I,
Sec. 122], Oct. 30, 1986, 100 Stat. 3341-242, 3341-267; Pub. L. 99-575,
Sec. 5, Oct. 28, 1986, 100 Stat. 3246; Pub. L. 101-630, title II,
Sec. 201, Nov. 28, 1990, 104 Stat. 4532; Pub. L. 102-497, Sec. 5, Oct.
24, 1992, 106 Stat. 3255; Pub. L. 103-435, Sec. 5, Nov. 2, 1994, 108
Stat. 4569; Pub. L. 104-301, Sec. 9, Oct. 11, 1996, 110 Stat. 3652; Pub.
L. 105-256, Sec. 1, Oct. 14, 1998, 112 Stat. 1896; Pub. L. 106-216,
Sec. 1(a), June 20, 2000, 114 Stat. 343; Pub. L. 106-568, title XII,
Sec. 1203, Dec. 27, 2000, 114 Stat. 2934; Pub. L. 107-102, Sec. 1, Dec.
27, 2001, 115 Stat. 974; Pub. L. 107-159, Apr. 4, 2002, 116 Stat. 122;
Pub. L. 107-331, title X, Sec. 1002(a), Dec. 13, 2002, 116 Stat. 2869;
Pub. L. 108-199, div. H, Sec. 149, Jan. 23, 2004, 118 Stat. 446.)

Codification

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

Amendments

2004--Subsec. (g). Pub. L. 108-199 added subsec. (g).
2002--Subsec. (a). Pub. L. 107-331 inserted ``lands held in trust
for the Yurok Tribe, lands held in trust for the Hopland Band of Pomo
Indians of the Hopland Rancheria,'' after ``Pueblo of Santa Clara,''.
Subsec. (f). Pub. L. 107-159 added subsec. (f).
2001--Subsec. (a). Pub. L. 107-102 inserted ``, the reservation of
the Confederated Tribes of the Warm Springs Reservation of Oregon,''
after ``Spanish Grant')'' and ``lands held in trust for the Confederated
Tribes of the Warm Springs Reservation of Oregon'' before ``, lands held
in trust for the Cherokee Nation of Oklahoma''.
2000--Subsec. (a). Pub. L. 106-216 inserted ``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'' after ``Sparks Indian Colony,''.
Subsec. (d)(3) to (8). Pub. L. 106-568, Sec. 1203(1), added pars.
(3) to (8).
Subsec. (e). Pub. L. 106-568, Sec. 1203(2), added subsec. (e).
1998--Subsec. (a). Pub. L. 105-256, in second sentence, inserted
``the Cabazon Indian Reservation,'' after ``the Navajo Reservation,''
and ``lands held in trust for the Confederated Tribes of the Grand Ronde
Community of Oregon,'' after ``lands held in trust for the Cahuilla Band
of Indians of California,''.
1996--Subsecs. (c), (d). Pub. L. 104-301 added subsecs. (c) and (d).
1994--Subsec. (a). Pub. L. 103-435 inserted ``the Viejas Indian
Reservation,'' after ``Soboba Indian Reservation,'' in second sentence.
1992--Subsec. (a). Pub. L. 102-497, in second sentence, inserted
``lands held in trust for the Pueblo of Santa Clara, lands held in trust
for the Confederated Tribes of the Colville Reservation, lands held in
trust for the Cahuilla Band of Indians of California,'' after
``Oklahoma,''.
1990--Subsec. (a). Pub. L. 101-630 inserted ``the Mille Lacs Indian
Reservation with respect to a lease between an entity established by the
Mille Lacs Band of Chippewa Indians and the Minnesota Historical
Society,'' after ``the Navajo Reservation,''.
1986--Subsec. (a). Pub. L. 99-575 inserted ``the Pueblo of Santa Ana
(with the exception of the lands known as the `Santa Ana Pueblo Spanish
Grant')'' after ``the Dania Reservation,''.
Pub. L. 99-389 inserted ``, and lands held in trust for the Reno
Sparks Indian Colony,''.
Subsec. (b). Pub. L. 99-500 and Pub. L. 99-591 added cl. (3).
1985--Pub. L. 99-221 inserted ``, lands held in trust for the
Cherokee Nation of Oklahoma,''.
1983--Subsec. (a). Pub. L. 98-203 inserted ``, and lands held in
trust for the Las Vegas Paiute Tribe of Indians,''.
Pub. L. 98-70 inserted ``, and lands held in trust for the Twenty-
nine Palms Band of Luiseno Mission Indians, and the lands held in trust
for the Confederated Salish and Kootenai Tribes of the Flathead
Reservation, Montana''.
Pub. L. 97-459 struck out ``and'' before ``leases of land on the
Agua Caliente'' and authorized ninety-nine year leases of land on the
Devils Lake Sioux Reservation to the Devils Lake Sioux Tribe or any
organization of such tribe.
1980--Subsec. (a). Pub. L. 96-491 inserted ``the Moapa Indian
reservation''.
Pub. L. 96-216 inserted provisions relating to lands comprising the
Moses Allotment Numbered 10, Chelan County, Washington.
1972--Subsec. (a). Pub. L. 92-488 inserted ``the Burns Paiute
Reservation,'' after ``the Fort Mojave Reservation,''.
Pub. L. 92-472 inserted ``the Coeur d'Alene Indian Reservation,''
after ``the Fort Mojave Reservation,''.
Pub. L. 92-431 inserted provision excepting leases of land located
outside the boundaries of Indian reservations in State of New Mexico
from the twenty-five year time limit.
1971--Subsec. (a). Pub. L. 92-182 inserted ``the Kalispel Indian
Reservation'' after ``the Fort Mojave Reservation''.
1970--Subsec. (a). Pub. L. 91-557 inserted ``the Soboba Indian
Reservation,'' after ``Gila River Reservation,''.
Pub. L. 91-275 inserted ``Yavapai-Prescott Community Reservation,''
after ``San Carlos Apache Reservation,'' and inserted list of factors
that the Secretary must consider before approving a lease or an
extension of an existing lease.
Pub. L. 91-274, Secs. 2, 3, designated existing provisions as
subsec. (a) and inserted ``the Tulalip Indian Reservation,'' after ``the
Gila River Reservation,''.
Subsec. (b). Pub. L. 91-274, Sec. 3, added subsec. (b).
1968--Pub. L. 90-570 inserted ``the pueblo of Cochiti, the pueblo of
Pojoaque, the pueblo of Tesuque, the pueblo of Zuni,'' after ``Fort
Mojava Reservation,''.
Pub. L. 90-534 inserted ``the Swinomish Indian Reservation,'' after
``Dania Reservation,''.
Pub. L. 90-355 inserted ``the Hualapai Reservation,'' after ``Fort
Mojave Reservation,''.
Pub. L. 90-335 inserted ``the Spokane Reservation,'' after ``the
Fort Mojave Reservation''.
1967--Pub. L. 90-184 inserted ``the San Carlos Apache Reservation''
after ``Fort Mojave Reservation''.
Pub. L. 90-182 inserted ``the Gila Reservation,'' after ``Pyramid
Lake Reservation''.
1966--Pub. L. 89-408 inserted ``the Pyramid Lake Reservation'' after
``Fort Mojave Reservation,''.
1963--Pub. L. 88-167 inserted ``the Fort Mojave Reservation,'' after
``Southern Ute Reservation''.
1962--Pub. L. 87-785 authorized leases for not more than 99 years of
lands on Southern Ute Reservation.
1961--Pub. L. 87-375 authorized longer term leases of Indian lands
on Dania Reservation and excepted from renewal leases the initial term
of which extends for more than 74 years.
1960--Pub. L. 86-505 authorized leases for not more than 99 years of
lands on Navajo Reservation.
1959--Pub. L. 86-326 substituted ``except leases of land on the Agua
Caliente (Palm Springs) Reservation which may be for a term of not to
exceed ninety-nine years, and except leases of land for grazing purposes
which may'' for ``excepting leases for grazing purposes, which shall'',
in second sentence.

Effective Date of 2002 Amendment

Pub. L. 107-331, title X, Sec. 1002(b), Dec. 13, 2002, 116 Stat.
2870, provided that: ``The amendment made by subsection (a) [amending
this section] shall apply to any lease entered into or renewed after the
date of the enactment of this title [Dec. 13, 2002].''

Effective Date of 2001 Amendment

Pub. L. 107-102, Sec. 3, Dec. 27, 2001, 115 Stat. 975, provided
that: ``This Act [amending this section] shall take effect as of April
12, 2000.''

Effective Date of 2000 Amendment

Pub. L. 106-216, Sec. 1(b), June 20, 2000, 114 Stat. 343, provided
that: ``The amendment made by subsection (a) [amending this section]
shall apply to any lease entered into or renewed after the date of the
enactment of this Act [June 20, 2000].''

Effective Date of 1986 Amendment

Section 6(a) of Pub. L. 99-575 provided in part that the amendment
made by Pub. L. 99-575 is effective Oct. 28, 1986.

Short Title of 2000 Amendment

Pub. L. 106-568, title XII, Sec. 1201, Dec. 27, 2000, 114 Stat.
2933, provided that: ``This title [amending this section and enacting
provisions set out as a note under this section] may be cited as the
`Navajo Nation Trust Land Leasing Act of 2000'.''

Short Title of 1985 Amendment

Section 1 of Pub. L. 99-221 provided that: ``This Act [amending this
section, section 450i of this title, section 3121 of Title 26, Internal
Revenue Code, and section 410 of Title 42, The Public Health and
Welfare, and enacting a provision set out as a note under section 410 of
Title 42] may be cited as the `Cherokee Leasing Act'.''

Congressional Findings and Declaration of Purposes

Pub. L. 106-568, title XII, Sec. 1202, Dec. 27, 2000, 114 Stat.
2933, provided that:
``(a) Findings.--Recognizing the special relationship between the
United States and the Navajo Nation and its members, and the Federal
responsibility to the Navajo people, Congress finds that--
``(1) the third clause of section 8, Article I of the United
States Constitution provides that `The Congress shall have Power * *
* to regulate Commerce * * * with Indian tribes', and, through this
and other constitutional authority, Congress has plenary power over
Indian affairs;
``(2) Congress, through statutes, treaties, and the general
course of dealing with Indian tribes, has assumed the responsibility
for the protection and preservation of Indian tribes and their
resources;
``(3) the United States has a trust obligation to guard and
preserve the sovereignty of Indian tribes in order to foster strong
tribal governments, Indian self-determination, and economic self-
sufficiency;
``(4) pursuant to the first section of the Act of August 9, 1955
(25 U.S.C. 415), Congress conferred upon the Secretary of the
Interior the power to promulgate regulations governing tribal leases
and to approve tribal leases for tribes according to regulations
promulgated by the Secretary;
``(5) the Secretary of the Interior has promulgated the
regulations described in paragraph (4) at part 162 of title 25, Code
of Federal Regulations;
``(6) the requirement that the Secretary approve leases for the
development of Navajo trust lands has added a level of review and
regulation that does not apply to the development of non-Indian
land; and
``(7) in the global economy of the 21st Century, it is crucial
that individual leases of Navajo trust lands not be subject to
Secretarial approval and that the Navajo Nation be able to make
immediate decisions over the use of Navajo trust lands.
``(b) Purposes.--The purposes of this title [see Short Title of 2000
Amendment note above] are as follows:
``(1) To establish a streamlined process for the Navajo Nation
to lease trust lands without having to obtain the approval of the
Secretary of the Interior for individual leases, except leases for
exploration, development, or extraction of any mineral resources.
``(2) To authorize the Navajo Nation, pursuant to tribal
regulations, which must be approved by the Secretary, to lease
Navajo trust lands without the approval of the Secretary of the
Interior for the individual leases, except leases for exploration,
development, or extraction of any mineral resources.
``(3) To revitalize the distressed Navajo Reservation by
promoting political self-determination, and encouraging economic
self-sufficiency, including economic development that increases
productivity and the standard of living for members of the Navajo
Nation.
``(4) To maintain, strengthen, and protect the Navajo Nation's
leasing power over Navajo trust lands.
``(5) To ensure that the United States is faithfully executing
its trust obligation to the Navajo Nation by maintaining Federal
supervision through oversight of and record keeping related to
leases of Navajo Nation tribal trust lands.''