S. 3383: Unlocking Native Lands and Opportunities for Commerce and Key Economic Developments Act of 2025

This bill, known as the "Unlocking Native Lands and Opportunities for Commerce and Key Economic Developments Act of 2025," aims to amend existing legislation regarding land leasing and rights-of-way on Indian lands. Here are the main provisions:

1. Leasing of Trust or Restricted Lands

The bill proposes changes to the Long-Term Leasing Act of 1955, which governs how leases are handled on trust or restricted land owned by Native American tribes. Key modifications include:

• Extending leasing rights to include land held in trust for any Indian tribe that is federally recognized.
• Removing the limit on lease duration and certain approval requirements that currently restrict tribal flexibility in leasing agreements.

2. Modification of Rights-of-Way across Indian Land

The bill revises laws about establishing rights-of-way, which are easements that allow others to pass through tribal land for various purposes (like roads or utilities). Key points include:

• Empowering tribes to grant rights-of-way for any purpose without needing prior approval from the Secretary of the Interior, as long as this is done according to the tribe's own regulations.
• Mandating that tribes submit their rights-of-way regulations for approval but allowing them to create these regulations independently.

3. Environmental Review Processes

The bill establishes requirements for tribes’ own environmental review processes when granting rights-of-way. Specifically:

• Tribes must demonstrate that their regulations fulfill an environmental review process, which assesses potential impacts and allows for public comment on significant environmental concerns.
• If a tribe is undertaking a project funded by a federal agency, they can use that agency's environmental review process instead of their own.

4. Trust Responsibility and Liability

The bill clarifies the federal government’s trust responsibility towards tribes, stating that the U.S. will not be liable for losses related to rights-of-way granted by tribes and reinforces that the Secretary of the Interior has authority to enforce compliance with tribal regulations.

5. Compliance and Violations

It outlines a process for reviewing compliance with tribal regulations regarding rights-of-way, including provisions for interested parties to petition the Secretary of the Interior in cases of alleged violations.

6. Sovereign Immunity and Jurisdiction

The bill emphasizes that granting a right-of-way does not waive the tribal sovereignty or jurisdiction over the land involved unless explicitly stated in the granted right-of-way or tribal regulations.

Relevant Companies

• AMZN: Amazon may be affected if it plans to expand operations or build infrastructure crossing tribal lands, as the bill may ease the process for accessing such lands.
• XEL: Xcel Energy might see impacts related to utility rights-of-way, potentially facilitating the expansion of their energy infrastructure across tribal lands.