59–010 

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. § 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 ChipVerDate Sep 11 2014 01:47 Jan 14, 2016 Jkt 059010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR205.XXX SR205

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1Pub. L. 113–88, 128 Stat. 1019. 

2Pub. L. 106–217, 114 Stat. 344. 

3Pub. L. 102–497, 106 Stat. 3255. 

pewa 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

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. 


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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. 

Æ 


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