[Congressional Record Volume 167, Number 191 (Monday, November 1, 2021)]
[House]
[Page H6048]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1700
AUTHORIZING THE SEMINOLE TRIBE OF FLORIDA TO LEASE OR TRANSFER CERTAIN 
                                  LAND

  Ms. LEGER FERNANDEZ. Madam Speaker, I move to suspend the rules and 
pass the bill (S. 108) to authorize the Seminole Tribe of Florida to 
lease or transfer certain land, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                 S. 108

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. APPROVAL NOT REQUIRED TO VALIDATE CERTAIN LAND 
                   TRANSACTIONS OF THE SEMINOLE TRIBE OF FLORIDA.

       (a) In General.--Notwithstanding any other provision of 
     law, without further approval, ratification, or authorization 
     by the United States, the Seminole Tribe of Florida may 
     lease, sell, convey, warrant, or otherwise transfer all or 
     any part of the interest of the Seminole Tribe of Florida in 
     any real property that is not held in trust by the United 
     States for the benefit of the Seminole Tribe of Florida.
       (b) Trust Land Not Affected.--Nothing in this section--
       (1) authorizes the Seminole Tribe of Florida to lease, 
     sell, convey, warrant, or otherwise transfer all or any part 
     of an interest in any real property that is held in trust by 
     the United States for the benefit of the Seminole Tribe of 
     Florida; or
       (2) affects the operation of any law governing leasing, 
     selling, conveying, warranting, or otherwise transferring any 
     interest in any real property that is held in trust by the 
     United States for the benefit of the Seminole Tribe of 
     Florida.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
New Mexico (Ms. Leger Fernandez) and the gentleman from Arkansas (Mr. 
Westerman) each will control 20 minutes.
  The Chair recognizes the gentlewoman from New Mexico.


                             General Leave

  Ms. LEGER FERNANDEZ. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and include extraneous material on the measure under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from New Mexico?
  There was no objection.
  Ms. LEGER FERNANDEZ. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, S. 108, introduced by Senator Rubio of Florida, will 
allow the Seminole Tribe of Florida to lease, sell, convey, warrant, or 
transfer its real property that is not held in trust by the United 
States.
  The Seminole Tribe of Florida is a federally recognized Tribe with 
its Tribal headquarters located in Hollywood, Florida. It is one of 
three federally recognized Seminole entities, and many of its enrolled 
members reside on its six reservations in Florida.
  In recent decades, a large portion of the Tribe's economic 
development strategy has been its investment in commercial real estate 
properties. So far the Tribe owns one of the largest cattle operations 
in the U.S., along with the Hard Rock Hotel and Casino franchise and 
its 74 international properties.
  To manage the Tribe's growing portfolio, the Tribal Council 
established a commercial real estate investment fund to help create 
generational stability for the Seminole Tribe. Ultimately, the Tribe's 
hope is to establish a State-chartered subsidiary entity to act as a 
holding company for certain properties owned by the Tribe.
  Unfortunately, the Tribe has been unable to move forward with this 
project due to concerns raised by lenders and proposed title insurance 
companies about the Indian Nonintercourse Act.
  The act prohibits any ``purchase, grant, lease, or other conveyance 
of lands, or of any title or claim thereto, from an Indian nation or 
Tribe of Indians'' unless authorized by Congress.
  At least two title insurance companies approached by the Tribe have 
interpreted the act to apply to real estate owned by a State-chartered 
subsidiary entity of the Tribe. As such, the title companies will not 
insure the mortgage without an exemption from the act, which in turn 
effectively kills any ability to finance an acquisition.
  S. 108 will, therefore, provide relief from the Indian Nonintercourse 
Act by clarifying that the Seminole Tribe of Florida has the authority 
to lease, sell, convey, warrant, or otherwise transfer their interests 
in property not held in trust by the Federal Government without further 
approval from the Federal Government.
  This bipartisan effort is led in the House by the gentleman from 
Florida (Mr. Soto), who is the sponsor of the House companion bill. I 
congratulate him on his strong advocacy to get this legislation to the 
President's desk.
  S. 108 will allow the Seminole Tribe the ability to continue its 
economic development, and I urge my colleagues to vote in favor of this 
bill.
  Madam Speaker, I reserve the balance of my time.
  Mr. WESTERMAN. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I thank Chairman Grijalva and Chairwoman Leger 
Fernandez for working together on this bill. I rise in support of S. 
108. It is a bill that authorizes the Seminole Tribe of Florida to 
lease or transfer certain land, and for other purposes.
  As Ms. Leger Fernandez described, this bill would exempt lands held 
in fee by the Seminole Tribe of Florida from the limitations imposed by 
the Indian Nonintercourse Act, which restricts a Tribe from leasing or 
conveying any lands a Tribe owns without Federal approval.
  The act has generated a great deal of confusion and litigation about 
whether a Tribe can buy, sell, or lease land that it owns. The bill 
states that the act does not authorize the Tribe to lease, sell, 
convey, warrant, or otherwise transfer all or any portion of any 
interest in any real property that is held in trust.
  This bill was introduced in response to real estate investment issues 
encountered by the Seminole Tribe, since at least two title insurance 
companies would not grant the Tribe insurance.
  The bill ensures that the act does not interfere with the ability to 
convey fee land owned by the Tribe, which would impede the Tribe's 
economic development activities and hinder job creation.
  Madam Speaker, I am prepared to close. I urge adoption of the 
measure, and I yield back the balance of my time.
  Ms. LEGER FERNANDEZ. Madam Speaker, I am grateful for this bipartisan 
legislation. I also think it gives us a path forward on what we might 
need to do for all Tribes who encounter this issue, but for now I am 
very much in support of S. 108 and urge my colleagues to support the 
legislation.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from New Mexico (Ms. Leger Fernandez) that the House 
suspend the rules and pass the bill, S. 108.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. GOOD of Virginia. Madam Speaker, on that I demand the yeas and 
nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this motion 
are postponed.

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