[Congressional Record Volume 145, Number 151 (Monday, November 1, 1999)]
[Senate]
[Page S13607]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WELLSTONE:
  S. 1839. A bill to provide that land which is owned by the Lower 
Sioux Indian Community in the State of Minnesota but which is not held 
in trust by the United States for the community may be leased or 
transferred by the Community without further approval by the United 
States; to the Committee on Indian Affairs.


          approval not required to validate land transactions

 Mr. WELLSTONE. Mr. President, I am introducing legislation 
today which will allow the Lower Sioux Indian Community of Minnesota to 
sell non-trust land which falls outside their reservation borders. 
Enactment of this bill would give the Lower Sioux the same rights as 
any other landowner: to conduct real estate transactions without an act 
of Congress.
  The Lower Sioux Community has acquired several parcels of land 
outside its reservation borders. None of these lands are held in trust 
by the United States. The Community pays state and local property taxes 
on the land and is not exempted from local zoning ordinances. The 
Community is treated like any other non-Indian land owner with regard 
to these parcels under the law--except that federal law requires that 
Congress approve the sale of land owned in fee simple by Indian tribes. 
In other words, should the Community wish to engage in almost any kind 
of land transaction involving these parcels, Congress must pass 
legislation to allow it to happen.
  The Community seeks to have this burden lifted from them. It argues 
that the Community's development projects are unfairly restricted by 
this requirement. Indeed, my colleagues know how long it can take for 
Congress to act on even the most parochial and non-controversial of 
legislation. Last year, we were successful in passing legislation 
authorizing the sale of a single parcel of land owned by the Lower 
Sioux. It passed as part of a technical amendments bill, but the entire 
process took over six months. All of this for a plot of land no bigger 
than thirteen acres.
  Obviously, such hurdles can make dealing with the Lower Sioux 
Community complicated and time consuming. Congress could even choose 
not to act upon a request. This puts the band at a competitive 
disadvantage relative to other land owners. The Lower Sioux is not a 
wealthy community. It can ill afford the hassles of pursuing closure in 
Washington to deals in Minnesota.
  This legislation is introduced at the request of the Lower Sioux 
Community. The legislation does not cover any other tribe besides the 
Lower Sioux Community, and again, it applies only to land not held in 
trust by the United States or that is not within the borders of the 
Community's reservation. This is a narrowly focused bill designed to 
meet the unique needs and circumstances of the Lower Sioux Community.
  Mr. President, this legislation will lower barriers to the Lower 
Sioux's pursuit of economic opportunities to improve the lives of its 
members. With that in mind, I believe it is both appropriate and 
necessary and I urge its adoption.
  I ask that a copy of a tribal council resolution in support of the 
bill be printed in the Record.
  The material follows:

           Lower Sioux Community Council Resolution No. 08-99

       Whereas, The Lower Sioux Community Council is the governing 
     body of the Lower Sioux Indian Community in Minnesota, a 
     federally recognized Indian tribe; and
       Whereas, The Lower Sioux Community has in the past 
     purchased land in its own name in fee simple for various 
     Community purposes, including the promotion of economic 
     development that would enable the Community and its members 
     to become self-sufficient; and
       Whereas, The Community must make additional such purchases 
     in the future for economic development, housing, and other 
     purposes; and
       Whereas, There is no certainty that the Community will be 
     able to transfer any of its fee land to the United States to 
     hold in trust for the Community; and
       Whereas, Under current federal law, when the Community 
     purchases land in fee it must pay taxes on such land but it 
     is not allowed to transfer, lease, mortgage, or otherwise 
     convey interests in such land without a congressional statute 
     allowing it to do so; and
       Whereas, The restrictions on the transfer, lease, and 
     mortgage of Community fee land unfairly burden the 
     Community's development projects, and place the Community in 
     a worse position than any other surrounding landowner.
       Now Therefore be it Resolved that: The Lower Sioux 
     Community Council urges the Minnesota congressional 
     delegation specifically, and Congress generally, to support 
     legislation that will remove the restrictions on the 
     Community's ability to transfer, lease, mortgage, or 
     otherwise convey interests in land owned by it in fee. The 
     removal of these restrictions will allow the Community to use 
     its fee land in the same manner as any other landowner in 
     order to develop its economy and provide services to its 
     members.

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