The HEARTH Act is a law that allows federally recognized Tribes to opt out of the secretarial approval requirement when leasing their own lands for various purposes. The Act was passed in 2012 and amended the Indian Long-Term Leasing Act of 1955. To take advantage of the HEARTH Act, Tribes must submit and obtain approval for their own leasing regulations that are consistent with the Department of the Interior’s leasing regulations and provide for an environmental review process.

The HEARTH Act gives Tribes more flexibility and self-determination in managing their trust lands. The Act only applies to surface leases, not mineral leases, and only to Tribal lands, not individually owned Indian lands¹.

The HEARTH Act promotes greater tribal self-determination and will help create jobs in Indian Country. Under the Act, federally recognized tribes can develop and implement their own regulations governing certain leasing on Indian lands. Upon Secretarial approval of these tribal regulations, tribes will have the authority to process land leases without Bureau of Indian Affairs approval. This new authority has the potential to significantly reduce the time it takes to approve leases for homes and small businesses in Indian Country.

By allowing tribes to more quickly and easily lease their lands, the bill promotes investment in tribal communities and more broadly facilitates economic development.

In Memory of the obamawhitehouse