H.R. 205 (112th): HEARTH Act of 2012

Introduced:
Jan 06, 2011 (112th Congress, 2011–2013)
Sponsor:
Rep. Martin Heinrich [D-NM1]
Status:
Signed by the President
Slip Law:
This bill became Pub.L. 112-151.

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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Status

This bill was enacted after being signed by the President on July 30, 2012.

Progress
Introduced Jan 06, 2011
Referred to Committee Jan 06, 2011
Reported by Committee Nov 17, 2011
Passed House May 15, 2012
Passed Senate Jul 17, 2012
Signed by the President Jul 30, 2012
Votes

House Vote on Passage
May 15, 2012 7:09 p.m.
Passed 400/0

Cosponsors
20 cosponsors (14D, 6R) (show)
Committees

House Natural Resources

Senate Indian Affairs

The committee chair determines whether a bill will move past the committee stage.

Full Title

To amend the Act titled "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", approved August 9, 1955, to provide for Indian tribes to enter into certain leases without prior express approval from the Secretary of the Interior, and for other purposes.

Summary

No summaries available.

Text

Read Bill Text »

Last updated Jan 01, 2012.
5 pages

Primary Source

View on THOMAS (The Library of Congress)

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Citation

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

7/30/2012--Public Law. (This measure has not been amended since it was passed by the House on May 15, 2012.
The summary of that version is repeated here.) Helping Expedite and Advance Responsible Tribal Home Ownership Act of 2012 or HEARTH Act of 2012 - Extends to any Indian tribe the discretion granted under current law only to the Navajo Nation to lease restricted lands for business, agricultural, public, religious, educational, recreational, or residential purposes without the approval of the Secretary of the Interior. (The Secretary must still approve the tribal regulations under which those leases are executed and mining leases still require the Secretary's approval.) Sets forth the environmental review process required under tribal lease regulations before those regulations obtain the Secretary's approval.
Requires the process to identify and evaluate any significant effects a proposed lease may have on the environment and allow public comment on those effects.
Authorizes the Secretary to provide a tribe, upon the tribe's request, with technical assistance in developing a regulatory environmental review process.
Allows tribes to rely on a federal environmental review process rather than the tribal environmental review process if the project under review is federally funded.
Directs the Bureau of Indian Affairs (BIA) to report to Congress on the history and experience of Indian tribes that have chosen to assume the BIA's responsibility for operating the Indian Land Title and Records Office.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.

This summary can be found at http://www.gop.gov/bill/112/2/hr205.

Background

According to Committee Report 112-427, Indian lands are not actually owned by the Indian tribes who live on them. The legal title to the lands is held by the federal government in trust for the benefit of Indians. Indians do enjoy exclusive use and benefit of their lands, but such an exclusive use of the lands is limited because the government will not, as a general rule, authorize leases or other uses of such lands if they entail any more than minimal risks, as taxpayers may be held liable for any losses. Minimal risk has, predictably, yielded minimal benefits, according to the Committee’s report. In addition, the Bureau of Indian Affairs (BIA), which is responsible for managing these lands, must work within a federal legal system with inconsistent laws, regulations, and policies in order to approve leases for Indian tribes. In reservations where tribes have contracted with the BIA to manage their own lands and authorize their own leases, use of property has dramatically improved according to the Committee. But even where a tribe manages its lands under such a contract, in the end the BIA ultimately decides whether it may be leased.

In 2000, the Long-Term Indian Leasing Act was amended to allow the Navajo Nation to lease its lands without the Secretary’s approval as long as such leasing is executed under tribal regulations approved by the Secretary, in accordance with a few basic standards. Under the Navajo provision, the United States is absolved of liability for any losses sustained by any party to a lease executed under the tribe's regulations. The Navajo may perform their own environmental review of a lease rather than a full-blown NEPA review. If the Navajo fail to adhere to their regulations, the Secretary may intervene and rescind a lease or reassume leasing authority.

Summary

H.R. 205 would allow Indian tribes to lease certain lands held in trust for business, agricultural, public, religious, educational, recreational, or residential purposes without approval from the Secretary of the Interior. Under current law, Indian lands are held in trust by the U.S. government that for the benefit of the Indians and leases of those lands must be approved by the Secretary. Under the legislation, any lease for authorized purposes—other than a lease for the exploration, development, or extraction of any mineral resources—would not require the approval of the Secretary if the term of the lease did not exceed 25 years for a business or agricultural lease or 75 years for a lease for public, religious, educational, recreational, or residential purposes.

Under the bill, any Indian tribe may lease its lands for any non-mineral development purpose without review and approval of the Secretary, as long as its leasing is conducted under tribal regulations that have been approved by the Secretary through the Bureau of Indian Affairs (BIA). The Secretary must approve a tribe's leasing regulations if they are consistent with the Department of the Interior’s regulations governing tribal lands, including the opportunity for public notice and comment. Under the bill, taxpayers would not be liable for any loss sustained by any party to a tribal lease executed through a tribe's approved leasing regulations.

Cost

According to CBO, “implementing the legislation would have no significant effect on the federal budget.”

House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)