25 U.S.C. § 5614 — Forest land management and surface leasing activities

(a) Definitions. In this section: (1) “Forest land management activity” means an activity described in section 304(4) of the National Indian Forest Resources Management Act (25 U.S.C. 3103(4)); this section does not define that term. (2) “Interested party” means an Indian or non-Indian individual, entity, or government whose interests could be adversely affected by a tribal trust land leasing decision made by an applicable Indian tribe^*. (3) “Surface leasing transaction” means a residential, business, agricultural, wind-resource, or solar-resource lease of land whose title is held—(A) in trust by the United States for the benefit of an Indian tribe; or (B) in fee by an Indian tribe, subject to restrictions against alienation under Federal law. (b) Approval by Secretary^*. The Secretary may approve an Indian trust asset management plan that authorizes the tribe to enter into, approve, and carry out a surface leasing transaction or forest land management activity without the Secretary’s approval, even if other applicable law or regulations would require that approval, if—(1) the resolution or other action of the tribe’s governing body described in section 5612(c)(2)(A) expressly authorizes including that provision in the plan; and (2) the tribe has adopted regulations expressly incorporated by reference into the plan that—(A) for a surface leasing transaction, either (i) have been approved by the Secretary under section 415(h)(4) of this title; or (ii) have not yet been approved under clause (i), but the Secretary determines at or before approving the plan that they meet section 415(h)(3) of this title; or (B) for forest land management activities, the Secretary determines—(i) are consistent with the Secretary’s regulations adopted under the National Indian Forest Resources Management Act (25 U.S.C. 3101 et seq.); and (ii) provide an environmental review process that includes—(I) identifying and evaluating any significant effects of the proposed action on the environment; and (II) a process consistent with the regulations described in clause (i) that ensures—(aa) the public is informed about, and has a reasonable chance to comment on, significant environmental impacts of the proposed activity identified by the tribe; and (bb) the tribe responds to relevant and substantive public comments about those impacts before approving the activity. (c) Types of transactions. (1) In general. At the tribe’s discretion, its plan may authorize a surface leasing transaction, a forest land management activity, or both. (2) Selection of specific transactions and activities. At the tribe’s discretion, the tribe may include in the integrated resource management plan any one or more of the transactions and activities authorized for inclusion under subsection (b). (d) Technical assistance. (1) In general. At an Indian tribe’s request, the Secretary may provide technical assistance to develop the regulatory environmental review process required under subsection (b)(2)(B)(ii). (2) Indian Self-Determination and Education Assistance Act. The Secretary may make this assistance available through contracts, grants, or agreements entered into under, and made available to entities eligible under, the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.). (e) Federal environmental review. Despite subsection (b), if a tribe carries out a project^* or activity funded by a Federal agency, the tribe may rely on that agency’s environmental review process instead of a tribal environmental review process under this section. (f) Documentation. If a tribe carries out a surface leasing transaction or forest land management activity under tribal regulations adopted under subsection (b)(2), the tribe shall provide the Secretary—(1) a copy of the transaction or activity documents, including amendments or renewals; and (2) if the tribal regulations, transaction, or activity allow payments directly to the tribe, payment documentation sufficient to let the Secretary carry out the United States’ trust responsibility under subsection (g). (g) Trust responsibility. (1) In general. The United States is not liable for losses sustained—(A) by a tribe because it carried out a forest land management activity under tribal regulations under subsection (b); or (B) by a party to a lease made under those tribal regulations. (2) Authority of Secretary. Under the Secretary’s authority to fulfill the United States’ trust obligation to Indian tribes under Federal law and regulations, the Secretary may, after reasonable notice from the applicable tribe and at the Secretary’s discretion, enforce or cancel a lease made by the tribe under this section. (h) Compliance. (1) In general. After exhausting any applicable tribal remedies, an interested party may submit to the Secretary a petition to review an applicable tribe’s compliance with tribal regulations approved by the Secretary under this subsection. The petition must be submitted at the time and in the form the Secretary determines appropriate. (2) Violations. If the Secretary determines under paragraph (1) that a violation occurred, the Secretary may take any action the Secretary considers necessary to remedy it, including withdrawing approval of the tribal regulations and taking back responsibility for approving leases of tribal trust land. (3) Documentation. If the Secretary determines under paragraph (1) that a violation occurred and a remedy is necessary, the Secretary shall—(A) make a written determination about the regulations that were violated; (B) give the applicable tribe written notice of the alleged violation together with the written determination; and (C) before using a remedy, withdrawing approval of the regulation involved, or taking back responsibility for approving trust-asset transactions, give the tribe—(i) a hearing on the record; and (ii) a reasonable chance to cure the alleged violation.