[House Report 117-407]
[From the U.S. Government Publishing Office]


117th Congress}                                            { Report

  2d Session  }        HOUSE OF REPRESENTATIVES	           { 117-407   

======================================================================
 
            TO AUTHORIZE THE SEMINOLE TRIBE OF FLORIDA TO 
              LEASE OR TRANSFER CERTAIN LAND, AND FOR OTHER 
              PURPOSES

                                _______
                                

 July 14, 2022.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 164]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 164) to authorize the Seminole Tribe of Florida 
to lease or transfer certain land, and for other purposes, 
having considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                          PURPOSE OF THE BILL

    The purpose of H.R. 164 is to authorize the Seminole Tribe 
of Florida to lease or transfer certain land.

                  BACKGROUND AND NEED FOR LEGISLATION

    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.
    The Tribe seeks to establish a state-chartered subsidiary 
entity to act as a holding company for certain properties owned 
by the Tribe. However, 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. This 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.
    Lenders require that they be granted a mortgage on the 
property financed and that the mortgage be insured with a 
mortgagee title insurance policy. 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 exception from the Act, which 
effectively kills any ability to finance an acquisition. Relief 
from the Indian Nonintercourse Act is sometimes necessary to 
allow tribes to manage lands and put them to productive use 
effectively.
    H.R. 164 clarifies 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.
    In November 2021, Congress passed and the President signed 
S. 108,\1\ which was the Senate's identical companion bill to 
H.R. 164. The bill became Public Law No. 117-65.
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    \1\For additional information, see S. Rep. No. 117-10 (2021), 
https://www.congress.gov/117/crpt/srpt10/CRPT-117srpt10.pdf.
---------------------------------------------------------------------------

                            COMMITTEE ACTION

    H.R. 164 was introduced on January 4, 2021, by 
Representative Darren Soto (D-FL). The bill was referred solely 
to the Committee on Natural Resources, and within the Committee 
to the Subcommittee for Indigenous Peoples of the United 
States. On May 26, 2021, the Natural Resources Committee met to 
consider the bill. The Subcommittee was discharged by unanimous 
consent. No amendments were offered, and the bill was adopted 
and ordered favorably reported to the House of Representatives 
by unanimous consent.
    On January 28, 2021, Senator Marco Rubio (R-FL) introduced 
S. 108, an identical companion bill. The bill was referred to 
the Senate Committee on Indian Affairs, which met on March 10, 
2021, to consider the bill and ordered it favorably reported 
without amendment. On May 26, 2021, the Senate passed S. 108 
without amendment by unanimous consent. On May 28, 2021, the 
House received the engrossed bill from the Senate. On November 
1, 2021, the House considered S. 108 under suspension of the 
rules. A recorded vote was ordered and postponed. On November 
2, 2021, the House voted 425-2 to suspend the rules and pass 
the bill. On November 16, 2021, the bill was presen ted to the 
President, who signed it on November 23, 2021. The bill became 
Public Law No. 117-65.

                                HEARINGS

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following proceeding was used to develop or consider this 
measure: full committee markup held on May 26, 2021.

            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 Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    H.R. 164 would allow the Seminole Tribe of Florida to sell, 
lease, or otherwise 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 
a transfer. Compensation for transfers would be paid directly 
to the Seminole Tribe and such transactions would not affect 
the federal budget.
    On April 6, 2021, CBO transmitted a cost estimate for S. 
108, a bill to authorize the Seminole Tribe of Florida to lease 
or transfer certain land, and for other purposes, as ordered 
reported by the Senate Committee on Indian Affairs on March 10, 
2021. The two versions of the legislation are similar, and 
CBO's estimates of their budgetary effects are the same.
    The CBO staff contact for this estimate is Jon Sperl. The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Director 
of Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to authorize the Seminole Tribe of 
Florida to lease or transfer certain land.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 UNFUNDED MANDATES REFORM ACT STATEMENT

    According to CBO, this bill contains no unfunded mandates 
as defined by the Unfunded Mandates Reform Act.

                           EXISTING PROGRAMS

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

                        CHANGES IN EXISTING LAW

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

        SUPPLEMENTAL, MINORITY, ADDITIONAL, OR DISSENTING VIEWS

    None.

                                  [all]