[House Report 107-692]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-692

======================================================================



 
PROVIDING THAT LAND WHICH IS OWNED BY THE SEMINOLE TRIBE OF FLORIDA BUT 
 WHICH IS NOT HELD IN TRUST BY THE UNITED STATES FOR THE TRIBE MAY BE 
MORTGAGED, LEASED, OR TRANSFERRED BY THE TRIBE WITHOUT FURTHER APPROVAL 
                          BY THE UNITED STATES

                                _______
                                

 September 25, 2002.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 4853]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 4853) to provide that land which is owned by the Seminole 
Tribe of Florida but which is not held in trust by the United 
States for the Tribe may be mortgaged, leased, or transferred 
by the Tribe without further approval by the United States, 
having considered the same, report favorably thereon with 
amendments and recommend that the bill as amended do pass.
    The amendments are as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. APPROVAL NOT REQUIRED TO VALIDATE CERTAIN LAND TRANSACTIONS.

  (a) Transactions.--The Seminole Tribe of Florida may mortgage, lease, 
sell, convey, warrant, or otherwise transfer all or any part of any 
interest in any real property that--
          (1) was held by the Tribe on September 1, 2002; and
          (2) is not held in trust by the United States for the benefit 
        of the Tribe.
  (b) No Further Approval Required.--Transactions under subsection (a) 
shall be valid without further approval, ratification, or authorization 
by the United States.
  (c) Trust Land Not Affected.--Nothing in this section is intended or 
shall be construed to--
          (1) authorize the Seminole Tribe of Florida to mortgage, 
        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 Tribe; or
          (2) affect the operation of any law governing mortgaging, 
        leasing, selling, conveying, warranting, or otherwise 
        transferring any interest in such trust land.

    Amend the title so as to read:

    A bill to provide that real property interests owned by the 
Seminole Tribe of Florida on September 1, 2002, which are not held in 
trust by the United States for the Tribe may be obligated or 
transferred by the Tribe without further approval by the United States.

                          PURPOSE OF THE BILL

    The purpose of H.R. 4853, as ordered reported, is to 
provide that real property interests owned by the Seminole 
Tribe of Florida on September 1, 2002, which are not held in 
trust by the United States for the Tribe may be obligated or 
transferred by the Tribe without further approval by the United 
States.

                  BACKGROUND AND NEED FOR LEGISLATION

    Between 1790 and 1834, Congress enacted a series of bills 
commonly referred to as the Nonintercourse Act (2 stat. 528). 
One of the Act's purposes was to prevent unfair, improvident, 
or improper disposition of lands owned or possessed by Indians 
without the consent of Congress. It acknowledged and guaranteed 
the Indian tribes' right of possession and imposed on the 
federal government a fiduciary duty to protect the lands 
covered by the Act. H.R. 4853 provides the Seminole Tribe of 
Florida with the statutory authority to sell its non-trust land 
without further approval from the United States. The Tribe 
believes that such authorization will assist it in promoting 
and advancing a number of economic opportunities for the 
benefit of the Tribe, its members, and surrounding communities.
    More than 20 years ago, land was deeded to the Seminole 
Tribe in an exchange with Broward County, Florida. The land is 
located in an unincorporated part of Broward County, is 
noncontiguous to the Tribe's reservation, and serves no useful 
purpose for the Tribe. The Tribe has been approached by a 
prospective buyer who wishes to purchase nine of the tribe's 
twenty-two acres of fee land to construct a residence. However, 
the contract calls for the sale to be closed by October 1, 
2002, and the title will not be clear without Congressional 
authorization for the sale.

                            COMMITTEE ACTION

    H.R. 4853 was introduced on May 23, 2002, by Congressman 
Robert Wexler (D-FL). The bill was referred to the Committee on 
Resources. On September 12, 2002, the Full Resources Committee 
met to consider the bill. Chairman James V. Hansen offered an 
amendment in the nature of a substitute to limit the 
applicability of the legislation to fee land held by the Tribe 
on September 1, 2002. The amendment was adopted by unanimous 
consent. The bill, as amended, was then ordered favorably 
reported to the House of Representatives by unanimous consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 20, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4853, a bill to 
provide that real property interest owned by the Seminole Tribe 
of Florida on September 1, 2002, which are not held in trust by 
the United States for the Tribe may be obligated or transferred 
by the Tribe without further approval by the United States.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lanette J. 
Walker.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 4853--A bill to provide that real property interests owned by the 
        Seminole Tribe of Florida on September 1, 2002, which are not 
        held in trust by the United States for the Tribe may be 
        obligated or transferred by the Tribe without further approval 
        by the United States

    Enacting H.R. 4853 would not affect the federal budget. The 
bill would allow the Seminole Tribe of Florida to transfer any 
property owned by the tribe that is not held in trust by the 
United States. Under current law, the tribe must receive 
Congressional approval before such transfer. Compensation for 
the transfer would be paid directly to the Seminole Tribe and 
the transaction would not affect the federal budget. Because 
enactment of H.R. 4853 would not affect direct spending or 
receipts of the federal government, pay-as-you-go procedures 
would not apply.
    H.R. 4853 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Lanette J. 
Walker. This estimate was approved by Robert A. Sunshine, 
Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                
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