H.R. 5696 — STREAMLINE ACT

This section directs the Secretary of the Interior, not later than one year after enactment, to revise the land-into-trust regulations (25 CFR part 151) to require acceptance of a Tribal appraisal—prepared under an Indian Self-Determination and Education Assistance Act (ISDEAA) title I contract or title IV compact or funding agreement in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP)—in lieu of a federal appraisal for land acquisitions within or contiguous to an Indian tribe's reservation or trust lands, if the tribe has assumed realty or land management functions (including appraisals or valuations) under such agreement. (As background, 25 CFR part 151 governs the Department of the Interior's process for taking land into trust for federally recognized Indian tribes, which requires an appraisal of fair market value; ISDEAA enables tribes to contract with or compact for federal programs, including self-governance realty services.) The section further (1) deems such acceptance compliant with the Secretary's fiduciary and trust responsibilities; (2) limits the Department of the Interior's role to ministerial confirmation of receipt and recordation of the tribe's certification; (3) requires updates to relevant manuals, including the Fee-to-Trust Handbook; and (4) preserves tribes' authorities under the Indian Trust Asset Reform Act.

This section establishes an exception to Department of the Interior (DOI) appraisal requirements for an Indian tribe's conveyance or acquisition of trust or restricted land. Under the new subsection (h), the Secretary (i) must not require a DOI-prepared or -reviewed appraisal, and (ii) must accept the tribe's appraisal or valuation as sufficient to establish fair market value, if the tribe participates in a self-governance compact or contract under title I or IV of the Indian Self-Determination and Education Assistance Act (ISDEAA) (which allows tribes to manage federal programs); the tribe has assumed realty or land management functions, including appraisals, under that compact or contract; the land is within the tribe's reservation boundaries or contiguous to its trust lands; and the appraisal conforms to the Uniform Standards of Professional Appraisal Practice (USPAP).

This section (1) directs the Secretary of the Interior to track and publish processing times for fee-to-trust land acquisitions (i.e., transfers of land into federal trust status for Indian tribes) using tribal appraisals versus Department of the Interior appraisals; (2) requires the Comptroller General of the United States, not later than three years after enactment, to evaluate the Act's implementation and effects on processing times, appraisal quality, and litigation; and (3) specifies that nothing in the Act alters requirements for environmental compliance under NEPA, title evidence, or notice under 25 C.F.R. part 151.