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106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-502

=======================================================================



 
PROVIDING THAT LAND WHICH IS OWNED BY THE LOWER SIOUX INDIAN COMMUNITY 
IN THE STATE OF MINNESOTA BUT WHICH IS NOT HELD IN TRUST BY THE UNITED 
STATES FOR THE COMMUNITY MAY BE LEASED ON TRANSFERRED BY THE COMMUNITY 
             WITHOUT FURTHER APPROVAL BY THE UNITED STATES
                                _______
                                

 February 29, 2000.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2484]

    The Committee on Resources, to whom was referred the bill 
(H.R. 2484) to provide that land which is owned by the Lower 
Sioux Indian Community in the State of Minnesota but which is 
not held in trust by the United States for the Community may be 
leased or transferred by the Community without further approval 
by the United States, having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass.

                          purpose of the bill

    The purpose of H.R. 2484 is to provide that land which is 
owned by the Lower Sioux Indian Community in the State of 
Minnesota but which is not held in trust by the United States 
for the Community may be leased or transferred by the Community 
without further approval by the United States.

                  background and need for legislation

    H.R. 2484 would provide that land, which is owned in fee by 
the Lower Sioux Indian Community in Minnesota and thus is not 
held in trust by the United States for the Community, may be 
leased or alienated by the Community without further approval 
by the United States.
    Existing federal law (25 U.S.C. 177) provides that Indian 
tribes may not lease, sell or otherwise convey land which they 
may have title to unless the conveyances are approved by 
Congress. This prohibition, enacted into law in 1834 to prevent 
the unfair, improvident or improper disposition of Indian-owned 
land, has been interpreted by the courts to apply even though 
the land was purchased by the Tribes with their own money and 
even though the land is not held in trust by the federal 
government.
    H.R. 2484 will allow the Lower Sioux Indian Community to 
use the fee land it has purchased just like any other landowner 
might use the land without having to come to Congress any time 
the Community wants to sell, lease or even mortgage it.

                            committee action

    H.R. 2484 was introduced on July 12, 1999, by Congressman 
David Minge (D-MN). The bill was referred to the Committee on 
Resources. On February 16, 2000, the Resources Committee met to 
consider the bill. No amendments were offered and the bill was 
ordered favorably reported to the House of Representatives by 
voice vote.

            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. At the time of filing this 
report, the Committee had not yet received a cost estimate of 
the bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974; the Committee will publish the cost estimate in the 
Congressional Record when it becomes available. However, the 
Committee does not believe that enactment of the bill will 
entail any costs or have any effect on the federal budget.
    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. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.

                    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.