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September 29, 2026
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Download official Senate Record PDFReturn to issue contextSA 6839. Ms. MURKOWSKI (for Mr. Schatz (for himself and Ms. Murkowski)) proposed an amendment to the bill S. 3383, to amend the Act of August 9, 1955, to make improvements to that Act, and for other purposes; as follows:
Strike all after the enacting clause and insert the
following:
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 included 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.”.