99–006

107TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 2d Session 107–692

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 

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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. 

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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 afVerDate Sep 04 2002 00:37 Sep 28, 2002 Jkt 099006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR692.XXX HR692
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fect direct spending or receipts of the federal government, pay-asyou-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.

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