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[Senate Report 114-40]
[From the U.S. Government Publishing Office]

                                                        Calendar No. 80
                                                        
114th Congress         }                          {        Report
                                 SENATE
 1st Session           }                          {        114-40

====================================================================
 
 TO REVOKE THE CHARTER OF INCORPORATION OF THE MIAMI TRIBE OF OKLAHOMA 
          AT THE REQUEST OF THAT TRIBE, AND FOR OTHER PURPOSES

                                _______
                                

                  May 11, 2015.--Ordered to be printed

                                _______
                                

      Mr. Barrasso, from the Senate Committee on Indian Affairs, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 321]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 321) to revoke the charter of incorporation of the 
Miami Tribe of Oklahoma at the request of that Tribe, and for 
other purposes, having considered the same, reports favorably 
thereon without amendment and recommends that the bill do pass.

                                PURPOSE

    The purpose of S. 321 is to revoke the charter of 
incorporation of the Miami Tribe of Oklahoma issued to the 
Tribe and ratified on June 1, 1940, as requested by the Tribe.

                          NEED FOR LEGISLATION

    The Miami Tribe of Oklahoma does not operate under the 
charter and believes it to be outdated for operating current 
business activities. The continued existence of the charter, 
even if unused, inhibits the Tribe's ability to secure 
financing or enter business arrangements. However, the charter 
may be revoked only by an Act of Congress. This bill, S. 321, 
would allow Congress to officially revoke this charter for the 
Tribe.

                               BACKGROUND

    The Miami Tribe of Oklahoma is a Federally recognized 
Indian tribe. The Tribe voted to adopt its governing 
Constitution and Bylaws on October 10, 1939, pursuant to the 
Oklahoma Indian Welfare Act of 1936 (49 Stat. 1967). On June 1, 
1940, the Department of the Interior ratified the Tribe's 
corporate charter. The charter allows the Tribe to create a 
Federally chartered corporation with specific powers, such as

        ``to purchase, take by gift, or bequest, or otherwise, 
        own, hold, manage, operate, and dispose of property of 
        every description, real and personal, including the 
        power to purchase restricted Indian lands and to issue 
        in exchange for therefore interests in corporate 
        property, and such further powers as may be incidental 
        to the conduct of corporate business.''

    However, the charter limits the sale, lease, and permitting 
of tribal lands and future corporate income to five years. The 
charter also requires approval from the Secretary of the 
Interior for attorney contracts, and requires the Tribe to pay 
off debts before corporate property can be distributed. The 
Tribe has stated these restrictions have limited its ability to 
conduct business in contemporary times.
    These provisions hinder tribal economic development despite 
the steps the Tribe has taken to develop a workable business 
environment. For example, in lieu of the charter, the Tribe has 
enacted the Miami Nation Enterprises Act and the Miami Nation 
Business Development Act, which govern their Tribal corporate 
entities. However, the existence of the charter raises 
questions regarding its ongoing applicability to business 
arrangements that the Tribe may wish to pursue.
    The Miami Tribe operates and conducts business through its 
Constitution and not the charter. The Tribe adopted Tribal 
Resolution 13-60, dated October 8, 2013, to surrender its 
charter and authorize its Chief and legal counsel to take all 
steps necessary to effect prompt Congressional action to 
authorize and accept the surrender of the charter.
    Revoking the charter would clarify the Tribe's authority 
and eliminate uncertainty and risk due to the existence of this 
charter. Congressional revocation has been used for other 
Federally approved tribal charters. For example, charters for 
the Prairie Island Indian Community and the Stockbridge Munsee 
Community Band of Mohican Indians have been revoked by 
Congressional action (see Pub. L. No. 104-26; and Pub. L. No. 
106-216), respectively. These types of measures comport with 
the Federal Indian policy of self-determination and assist in 
reducing bureaucracy related to economic development.

                          LEGISLATIVE HISTORY

    On January 29, 2015, Senator Lankford introduced S. 321. 
The bill was referred to the Senate Committee on Indian 
Affairs. No hearing was held on the bill. On February 25, 2015, 
the Committee met at a business meeting to consider the bill. 
The bill was ordered to be reported favorably without amendment 
to the Senate by voice vote.
    An identical House companion bill, H.R. 533, was introduced 
on January 26, 2015, by Representatives Mullin, Cole, and Don 
Young. On April 13, 2015, Representative Nolan was added as a 
co-sponsor. The bill was referred to the Committee on Natural 
Resources, and within the Committee to the Subcommittee on 
Indian, Insular and Alaska Native Affairs. On March 24, 2015, 
the Committee met to consider the bill. The Subcommittee was 
discharged by unanimous consent. No amendments were offered and 
on March 25, 2015, the bill was ordered favorably reported to 
the House by unanimous consent (H.R. Rep. No. 114-77).
    In the 113th Congress, Representative Mullin introduced an 
identical bill, H.R. 4002. On June 23, 2014, the bill was 
passed by the House of Representatives. H.R. 4002 was then 
received in the Senate and referred to the Senate Committee on 
Indian Affairs. On July 30, 2014, the Committee met to consider 
the bill, and the bill was ordered to be reported favorably 
without amendment to the Senate by voice vote. No further 
action was taken on the bill.

        SECTION-BY-SECTION ANALYSIS OF BILL AS ORDERED REPORTED

Section 1--Revocation of charter of incorporation

    This section revokes the corporate charter of the Miami 
Tribe of Oklahoma ratified on June 1, 1940, at the request of 
the Tribe.

                   COST AND BUDGETARY CONSIDERATIONS

    The following cost estimate, as provided by the 
Congressional Budget Office, dated March 2, 2015, was prepared 
for S. 321:

                                                     March 2, 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 S. 321, a bill to 
revoke the charter of incorporation of the Miami Tribe of 
Oklahoma at the request of that tribe, and for other purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Martin von 
Gnechten.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 321--A bill to revoke the charter of incorporation of the Miami 
        Tribe of Oklahoma at the request of that tribe, and for other 
        purposes

    S. 321 would revoke the charter of incorporation of the 
Miami Tribe of Oklahoma. Based on information provided by the 
Bureau of Indian Affairs, CBO estimates that implementing the 
legislation would have no effect on the federal budget. The 
tribe has not been operating under the charter for the last 
several decades. Enacting S. 321 would not affect direct 
spending or revenues; therefore, pay-as-you-go procedures do 
not apply.
    S. 321 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Martin von 
Gnechten. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

                        EXECUTIVE COMMUNICATIONS

    The Committee has received no communications from the 
Executive Branch regarding S. 321.

               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 S. 321 will 
have a minimal impact on regulatory or paperwork requirements.

                        CHANGES IN EXISTING LAW

    In compliance with subsection 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee finds that the 
enactment of S. 321 would make no changes in existing law.

                           [all]
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