Helping Expedite and Advance Responsible Tribal Homeownership (HEARTH) Act of 2012

What happened

The Helping Expedite and Advance Responsible Tribal Home Ownership Act of 2012 (HEARTH Act), Public Law 112-151, was signed July 30, 2012. It amends the 1955 law that governs long-term leasing of restricted Indian lands. Before it, leases on tribal trust land generally needed the Secretary of the Interior's approval; the Act adds subsection (h) to 25 U.S.C. 415.

Under subsection (h), "at the discretion of any Indian tribe," a lease by the tribe "shall not require the approval of the Secretary" if it is executed under tribal regulations the Secretary has approved. The lease term cannot exceed 25 years for business or agricultural leases, with up to two renewals of 25 years each, or 75 years for public, religious, educational, recreational or residential leases if the tribe's regulations provide it. Leases for mineral exploration, development or extraction are excluded, and so is individually owned allotted land.

The Secretary keeps authority over the tribal regulations. They must be consistent with Interior's leasing rules and include an environmental review process with public notice and a chance to comment.

The Bureau of Indian Affairs describes the HEARTH Act as creating "a voluntary, alternative land-leasing process for tribes," and lists the regulations it has approved by year. The land stays in trust; the Act changes who approves a lease, not who owns the land.

Summarized with AI assistance from 4 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error