[Senate Report 114-40]
[From the U.S. Government Publishing Office]
Calendar No. 80
114th Congress } { Report
SENATE
1st Session } { 114-40
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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charter and believes it to be outdated for operating current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.
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