[House Report 107-692]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-692
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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.