[Senate Report 114-205]
[From the U.S. Government Publishing Office]
Calendar No. 349
114th Congress } { Report
SENATE
2d Session } { 114-205
======================================================================
AN ACT TO ALLOW THE MIAMI TRIBE OF OKLAHOMA TO LEASE OR TRANSFER
CERTAIN LANDS
_______
January 12, 2016.--Ordered to be printed
_______
Mr. Barrasso, from the Senate Committee on Indian Affairs,
submitted the following
R E P O R T
[To accompany H.R. 487]
The Committee on Indian Affairs, to which was referred the
bill (H.R. 487) to allow the Miami Tribe of Oklahoma to lease
or transfer certain lands, having considered the same, reports
favorably thereon without amendment and recommends that the
bill do pass.
PURPOSE
The purpose of H.R. 487 is to allow the transfer of fee
simple lands owned by the Tribe without further congressional
approval.
NEED FOR LEGISLATION
The bill, H.R. 487, is needed to provide certainty for fee
simple land transfers owned by the Tribe to third parties.
BACKGROUND
The Non-Intercourse Act (25 U.S.C. Sec. 177) authorizes
the United States to have the exclusive right to acquire Indian
lands. The Act prevents the transfer, sale, lease, or other
conveyance of land owned by an Indian tribe to third parties
without federal approval.
Congress has passed legislation clarifying that the Non-
Intercourse Act would not interfere with the lease, sale, or
transfer of fee land owned by certain tribes.
In the 113th Congress, a bill similar to H.R. 487 was
enacted into law, allowing the Fond du Lac Band of Lake
Superior Chippewa to lease or transfer fee land owned by the
tribe.\1\ In the 106th Congress, a bill was enacted into law
with a similar purpose for the Lower Sioux Indian Community in
Minnesota\2\, and in the 102nd Congress, a similar bill was
enacted into law for the Mississippi Band of Choctaw
Indians.\3\
---------------------------------------------------------------------------
\1\Pub. L. 113-88, 128 Stat. 1019.
\2\Pub. L. 106-217, 114 Stat. 344.
\3\Pub. L. 102-497, 106 Stat. 3255.
---------------------------------------------------------------------------
This legislation, H.R. 487, would allow the Tribe to have
more control over fee simple land owned by the Tribe without
the need for further Congressional approval for certain
transactions. The bill simply ensures that the Non-Intercourse
Act does not interfere with the ability to convey fee simple
land owned by the Tribe. The Tribe has informed the Committee
that title insurance companies may not issue title assurances
to lenders or prospective purchasers due to uncertainties
regarding the Non-Intercourse Act.
LEGISLATIVE HISTORY
On January 22, 2015, Representative Mullin introduced H.R.
487. On June 10, 2015, the House Subcommittee on Indian,
Insular, and Alaska Native Affairs of the Natural Resources
Committee held a hearing on the bill. Witnesses representing
the Administration and the Miami Tribe testified in support of
H.R. 487. The House Committee on Natural Resources held a
business meeting on July 9, 2015 and ordered the bill reported
without amendment. The House of Representatives passed the bill
on September 16, 2015. On September 17, 2015, H.R. 487 was
referred the Senate Committee on Indian Affairs. The Committee
held a business meeting on October 7, 2015, and by voice vote,
ordered the bill reported favorably without amendment.
SECTION-BY-SECTION ANALYSIS OF BILL AS ORDERED REPORTED
Section 1--Approval not required to validate land transactions
Section 1(a) would allow the Miami Tribe of Oklahoma to
transfer all or any part of its interests in any real property
that the Tribe owns in fee without further Congressional
approval.
Section 2(b) Nothing in this section would authorize the
Miami Tribe of Oklahoma to lease, sell, convey, warrant, or
otherwise transfer all or any part of an interest in any real
property that is held in trust for the Tribe or affect the
operation of any law governing the leasing, selling, conveying,
warranting, or otherwise transferring of any interest in such
trust land.
COST AND BUDGETARY CONSIDERATIONS
October 19, 2015.
Hon. John Barrasso,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 487, a bill to
allow the Miami Tribe of Oklahoma to lease or transfer certain
lands.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Kim Cawley.
Sincerely,
Keith Hall.
H.R. 487--A bill to allow the Miami Tribe of Oklahoma to lease or
transfer certain lands
H.R. 487 would authorize the Miami Tribe of Oklahoma to
lease, sell, warrant, or otherwise transfer any tribal property
that is not held in trust by the federal government for the
benefit of the tribe. Based on information provided by the
Bureau of Indian Affairs, CBO estimates that implementing the
legislation would have no effect on the federal budget.
Enacting H.R. 487 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. Any
receipts from the transfer of the land under the legislation
would be paid directly to the tribe.
CBO estimates that enacting H.R. 487 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2026.
H.R. 487 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would benefit the tribe.
On July 22, 2015, CBO transmitted a cost estimate for H.R.
487, a bill to allow the Miami Tribe of Oklahoma to lease or
transfer certain lands, as ordered reported by the House
Committee on Natural Resources on July 9, 2015. The two
versions of the legislation are identical and CBO's estimate of
the budgetary effects are the same.
The CBO staff contact for this estimate is Kim Cawley. The
estimate was approved by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
EXECUTIVE COMMUNICATIONS
The Committee has received no communications from the
Executive Branch regarding H.R. 487.
REGULATORY AND PAPERWORK IMPACT STATEMENT
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires each report accompanying a bill to evaluate the
regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee believes that H.R. 487
will have a minimal impact on regulatory or paperwork
requirements.
CHANGES IN EXISTING LAW (CORDON RULE)
In compliance with subsection 12 of rule XXVI of the
Standing Rules of the Senate, if enacted, H.R. 487, as ordered
reported, does not make any changes to existing law.
[all]