[Senate Report 115-398]
[From the U.S. Government Publishing Office]
Calendar No. 698
115th Congress } { Report
SENATE
2d Session } { 115-398
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STIGLER ACT AMENDMENTS OF 2018
_______
November 29, 2018.--Ordered to be printed
_______
Mr. Hoeven, from the Committee on Indian Affairs, submitted the
following
R E P O R T
[To accompany H.R. 2606]
[Including cost estimate of the Congressional Budget Office]
The Committee on Indian Affairs, to which was referred the
bill (H.R. 2606) to amend the Act of August 4, 1947 (commonly
known as the Stigler Act), with respect to restrictions
applicable to Indians of the Five Civilized Tribes of Oklahoma,
and for other purposes, having considered the same, reports
favorably thereon without amendment and recommends the bill do
pass.
PURPOSE
The purpose of H.R. 2606, is to amend certain provisions of
the Act of August 4, 1947 (commonly referred to as the Stigler
Act) with respect to the restricted fee status of land allotted
to members of the Five Civilized Tribes of Oklahoma.
Specifically, H.R. 2606 amends the Stigler Act to remove a one
half-degree Indian blood quantum requirement for tribal member
allotted lands to retain their restricted status.
BACKGROUND
Oklahoma is home to 38 federally-recognized Indian tribes.
A majority of these tribes were forcibly removed from their
traditional homelands to what is now known as the State of
Oklahoma during the early to mid-1800's. Among the first tribes
relocated were the Choctaw, Chickasaw, Mvskoke (Creek),
Cherokee, and Seminole, which are sometimes referred to as the
Five Civilized Tribes (the Five Tribes).
Years later, through the General Allotment Act of 1887
(also known as the Dawes Act),\1\ Congress sought to end the
tribal and reservation system in which Indians had been living
and instead make them individual property owners through the
allotment of the reservations. Under this Act, the President
was authorized to allot 80-acre or 160-acre parcels of land
within Indian reservations to individual Indians located on
them, and to open remaining surplus lands to non-Indian
settlement.
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\1\General Allotment Act of 1887, ch. 119, 24 Stat. 388 (formerly
codified as amended at 25 U.S.C. 331-33).
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In 1893, the Dawes Commission\2\ was created by Congress in
part to seek allotment of the lands of the Five Tribes. In
1898, Congress enacted the Curtis Act\3\ which provided for the
allotment of the lands of the Five Tribes. These allotted
parcels were inalienable (unable to be sold or otherwise
transferred) and nontaxable. The restricted fee parcels have,
in most respects, the functional and legal equivalent of trust
land.
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\2\Act of March 3, 1893, ch. 209, 16 Stat. 612, 645, available at
https://www.loc.gov/law/help/statutes-at-large/52nd-congress/session-2/
c52s2ch209.pdf.
\3\ Curtis Act of 1898, ch. 517, 30 Stat. 495, available at https:/
/www.loc.gov/law/help/statutes-at-large/55th-congress/session-2/
c55s2ch517.pdf.
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In 1947, Congress enacted the Stigler Act\4\ which placed
additional restrictions on title to those allotments that had
been conveyed to members of the Five Tribes. The Stigler Act
provides that upon probate, heirs and devisees of an allotment
shall maintain at least one-half degree Indian blood quantum
from one of the Five Tribes for the land to remain inalienable
and nontaxable for the life of the owner.
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\4\ Stigler Act of 1947, Pub. L. No. 80-336, ch. 458, 61 Stat. 731.
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The Five Tribes formed a coalition known as the Inter-
Tribal Council to represent their collective interests.\5\ The
Inter-Tribal Council is composed of only the Five Tribes and
represents over 650,000 tribal members.\6\ Over the years, this
Council developed legislative proposals to amend the Stigler
Act to address problems created by the allotments and blood
quantum requirements. The Council and each of the Five Tribes
fully supports H.R. 2606.
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\5\ Ingrid P. Westmoreland, Inter-Tribal Council of the Five
Civilized Tribes, The Encyclopedia of Oklahoma History and Culture,
available at http://www.okhistory.org/publications/enc/
entry.php?entry=IN033.
\6\ Legislative Hearing to Receive Testimony on the Following
bills: H.R. 146, H.R. 2402, H.R. 2606 Before the Subcomm. on Indian,
Insular and Alaska Native Affairs of the H. Comm. on Natural Resources,
115th Cong. (2017) (Statement of Bill Jon Baker, Principal Chief,
Cherokee Nation).
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SUMMARY
The bill, H.R. 2606, amends the Stigler Act to remove the
blood quantum requirement for allotted lands to retain their
restricted status. Under the bill, certain restricted lands
owned by members or lineal blood descendants of members of the
Five Tribes would remain restricted, regardless of the blood
quantum of the owners.
LEGISLATIVE HISTORY
The bill, H.R. 2606, was introduced by Representative Cole
with Representatives Lucas, Mullin, and Russell on May 23,
2017, and referred to the Committee on Natural Resources of the
House of Representatives. The bill, H.R. 2606, was further
referred to the Subcommittee on Indian, Insular and Alaska
Native Affairs on June 6, 2017. The Subcommittee on Indian,
Insular and Alaska Native Affairs held a legislative hearing on
October 4, 2017, at which Principal Chief Bill John Baker of
the Cherokee Nation provided testimony in support of the bill.
The Committee on Natural Resources of the House of
Representatives met to consider the bill during a business
meeting on June 13, 2018. The Subcommittee was discharged by
unanimous consent. Representative Bishop offered an amendment
to the bill which was adopted by voice vote. The amendment made
a number technical corrections, provided clarity as to the
bill's application, and added subsection (j) to section 2-
concerning determinations of Indian blood. No additional
amendments were offered, and the bill, as amended, was ordered
favorably reported to the House of Representatives by voice
vote.
The bill, H.R. 2606, as amended, was reported favorably by
the Committee on Natural Resources of the House of
Representatives on August 21, 2018. On September 12, 2018,
bill, as amended, was agreed to by voice vote of the House of
Representatives.
The bill, as amended, was received in the Senate on
September 17, 2018, and was referred to the Committee. On
November 14, 2018, the Committee held a legislative hearing on
the bill. The Honorable James Floyd, Principal Chief, Muscogee
(Creek) Nation, and Mr. Darryl LaCounte, Acting Director,
Bureau of Indian Affairs, U.S. Department of the Interior, both
testified in support of the bill.
Additionally, the Honorable Bill Anoatubby, Governor of the
Chickasaw Nation, the Honorable Gary Batton, Chief of the
Choctaw Nation, and the Honorable Bill John Baker, Principal
Chief of the Cherokee Nation, all provided testimony in support
of the bill. A Senate companion bill has not been introduced at
this time. On November 28, 2018, by voice vote, the Committee
ordered the bill to be reported favorably to the Senate.
Prior Congresses
107th Congress. On September 12, 2001, Representative
Watkins along with Representatives Carson, Condit, and Kildee
introduced H.R. 2880 where it was referred to the Committee on
Resources of the House of Representatives. The Committee on
Resources of the House of Representatives held a mark-up
session on March 30, 2002, where an amendment was adopted. The
bill, H.R. 2880, as amended, was ordered favorably reported to
the House of Representatives by voice vote.
On June 11, 2002, the bill, as amended, was agreed to by
voice vote of the House of Representatives. The bill, as
amended, was received in the Senate on June 6, 2002, and was
referred to the Committee. On September 18, 2002, the Committee
held a legislative hearing. On September 25, 2002, the
Committee held a business meeting and ordered the bill to be
reported favorably without further amendment. No further action
was taken on the bill. No companion bill was introduced in the
Senate.
106th Congress. Representative Watkins introduced H.R. 5308
on September 26, 2000, where it was referred to the Committee
on Resources of the House of Representatives. Representative
Kildee was added as a cosponsor on October 2, 2000, and
Representative Colburn was added as a cosponsor on October 12,
2000. On October 17, 2000, the bill was agreed to by voice vote
of the House of Representatives. On October 18, 2000, a
correction of engrossment was agreed to without objection. The
bill, as amended, was received by the Senate on October 18,
2000. No further action was taken on the bill.
On October 10, 2000, Senator Inhofe introduced a Senate
companion bill, S. 3182, where it was referred to the
Committee. No further action was taken on the bill.
NEED FOR LEGISLATION
The effect of the Stigler Act has been that when a person
of less than one-half degree of Indian blood from one of the
Five Tribes inherits an interest in an allotment, that interest
loses its restricted status and can then be sold or otherwise
transferred and is taxable. Since the passage of the Stigler
Act, efficient or productive land use has not been achieved,
rather a significant amount of tribal member land has been
lost, most notably in tax sales or other questionable land
transfers.
Moreover, this blood quantum requirement is inconsistent
with how the Five Tribes define membership, as none of the Five
Tribes maintain a minimum degree blood quantum for membership.
Additionally, the blood quantum requirement is inconsistent
with other federal laws, as no other tribes are subject to a
blood quantum requirement in order for inherited land to retain
its restricted or trust status.\7\ This legislation, H.R. 2606,
removes the blood quantum requirement and will create parity in
federal law in the treatment of Indian allotted lands.
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\7\Legislative Hearing to Receive Testimony on the Following bills:
S. 2788, H.R. 2606, and H.R. 4032 Before the Sen. Comm. on Indian
Affairs, 115th Cong. (2018) (Statement of Darryl LaCounte, Acting
Director of the Bureau of Indians Affairs, U.S. Dept of the Interior).
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SECTION-BY-SECTION ANALYSIS
Section 1. Short title
The Act may be cited as the ``Stigler Act Amendments of
2018.''
Section 2. In general
Section 2 amends the Act of August 4, 1947 (the Stigler
Act), by:
Striking the one half degree blood quantum
requirement for allotted lands to retain their restrictive
status and provides for the restricted lands to remain in
restricted status if the land recipient is a lineal blood
descendant of an original enrollee on the Final Indian Rolls of
the Fived Civilized Tribes.
Extends the restrictive status until Congress
determines otherwise.
Sets the parameters for the Act's application.
Incorporating requirements previously contained in
section 1 of the original Stigler Act regarding proceedings for
state court approval of conveyances of restricted land.
Makes clear that nothing within this Act limits
the right of an Indian owner of restricted lands to seek and
obtain removal of restrictions by the Secretary of the
Interior.
Sets forth provisions concerning the determination
of degree of Indian blood that were previously contained in
section 2 of the Stigler Act as originally enacted.
Section 3. Technical Amendments
Section 3 of the bill removes references to blood quantum
in sections 5, 6, and 8, of the Stigler Act. Section 3 also
provides clarification that interests in restricted and tax-
exempt lands will continue to be tax-exempt if acquired by an
Indian of the Five Civilized Tribes by purchases or
acquisitions through partition sale, in addition to the various
other means of acquisitions described in the original Stigler
Act.
Section 4. Repeals
Section 4 repeals the first section of the Act of August
11, 1955 (69 Stat. 666, Chapter 768),\8\ which involves the
continuation of restrictions and is no longer needed in light
of the continuation of restrictions established by the bill.
Section 4 also repeals section 2 of the Act of August 4, 1947
(61 Stat. 731, Chapter 458),\9\ which addresses determination
of blood quantum and has already been incorporated in this
bill.
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\8\Pub. L. 84-348.
\9\Pub. L. 80-336.
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COST AND BUDGETARY CONSIDERATIONS
On August 14, 2018, the Congressional Budget Office (CBO)
prepared a cost estimate for H.R. 2606, as considered by the
Committee on Natural Resources of the House of Representatives.
The bill was not amended during consideration by the Committee
on Indian Affairs of the Senate so that there should be no
changes to affect the cost estimate. The subsequent cost
estimate can be published in the Congressional Record. The
Chairman of the Committee on Natural Resources of the House of
Representatives received the following letter, and cost
estimate, for H.R. 2606 from the Director of the CBO.
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 14, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2606, The Stigler
Act Amendments of 2018.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert Reese.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 2606--Stigler Act Amendments of 2018
H.R. 2606 would amend the Act of August 4, 1947 (commonly
known as the Stigler Act) to revise the qualifications that
need to be met by a person who inherits land originally
allotted to members of the Five Civilized Tribes of Oklahoma--
Cherokee, Creek (Muscogee), Choctaw, Chickasaw, and Seminole
Tribes--for that land to remain in restricted status. Land in
restricted status can only be conveyed or encumbered by an
Indian owner with the approval of the Secretary of the Interior
according to Indian land conveyance provisions and limitations
found in the Code of Federal Regulations. The bill would not
apply to individuals that have inherited property in restricted
status prior to enactment.
Because the relevant land would remain privately owned
whether it is held in restricted status or otherwise, CBO
estimates that implementing the bill would have no federal
cost.
Enacting H.R. 2606 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 2606 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 2606 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Robert Reese.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
REGULATORY IMPACT STATEMENT
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires that each report accompanying a bill to
evaluate the regulatory paperwork impact that would be incurred
in implementing the legislation. The Committee has concluded
that enactment of H.R. 2606 will create only de minimis
regulatory or paperwork burdens.
EXECUTIVE COMMUNICATIONS
The Committee has received no official communications from
the Administration on the provisions of this bill.
CHANGES IN EXISTING LAW
In compliance with the Standing Rules of the Senate and the
Committee Rules, subsection 12 of rule XXVI of the Standing
Rules of the Senate is waived. In the opinion of the Committee,
it is necessary to dispense with subsection 12 of rule XXVI of
the Standing Rules of the Senate in order to expedite the
business of the Senate.
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