[Senate Report 106-464]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 912
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-464

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AMENDING THE YSLETA DEL SUR PUEBLO AND ALABAMA AND COUSHATTA INDIAN 
  TRIBES OF TEXAS RESTORATION ACT TO DECREASE THE REQUISITE BLOOD QUANTUM 
  REQUIRED FOR MEMBERSHIP IN THE YSLETA DEL SUR PUEBLO TRIBE
                                _______
                                

October 2 (legislative day, September 22), 2000.--Ordered to be printed

                                _______
                                

   Mr. Campbell, from the Committee on Indian Affairs, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1460]

    The Committee on Indian Affairs to which was referred the 
bill (H.R. 1460) to amend the Ysleta del Sur Pueblo and Alabama 
and Coushatta Indian Tribes of Texas Restoration Act to 
decrease the requisite blood quantum required for membership in 
the Ysleta del Sur Pueblo tribe, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 1460 is to amend the Ysleta del Sur 
Pueblo and Alabama and Coushatta Indian Tribes of Texas 
Restoration Act to decrease the requisite blood quantum 
required for membership in the Ysleta del Sur Pueblo tribe.

                  Background and Need for Legislation

    H.R. 1460 would amend the Ysleta del Sur Pueblo and Alabama 
and Coushatta Indian Tribes of Texas Restoration Act (Public 
Law 100-89, 25 U.S.C. 1300g et seq.) to decrease the requisite 
blood quantum required for membership in the Ysleta del Sur 
Pueblo tribe, also known as the Tigua Indian Tribe. That 1987 
Act, which restored recognition to the Tribe, requires that 
this Tribe's members have a blood quantum of at least one-
eighth to qualify for tribal membership.
    All federally-recognized Indian tribes have the power to 
determine their own membership criteria, including their own 
blood quantum requirements. However, this power can be, and at 
this Tribe's request, has been superseded by Congress. H.R. 
1460 would amend the Tribe's blood quantum requirement from 
one-eight to one-sixteenth at the request of the Tribe.
    There are currently 1,252 members of the Tribe. If the 
current blood quantum requirements remain in effect, the 
membership of Tribe would be reduced significantly within three 
generations. To date, 27 individuals have been removed from the 
Tribe's rolls because their blood quantum has been determined 
to be below the requisite minimum mandated by law. Upon 
enactment of H.R. 1460 those individuals would be eligible to 
petition for re-enrollment.

                            Committee Action

    H.R. 1460 was introduced in the House of Representatives on 
April 15, 1999, by Congressman Silvestre Reyes and referred to 
the Committee on Resources. On July 26, 2000, the Resources 
Committee met to mark up the bill. The bill was ordered 
favorably reported to the House of Representatives without 
amendment by unanimous consent. On September 7, 2000, the bill 
passed the House under suspension of the rules, and on 
September 13, 2000, was received in the Senate and referred to 
the Committee on Indian Affairs. On September 27, 2000, the 
bill was ordered favorably reported to the Senate without 
amendment.

                          Legislative History

    H.R. 1460 was introduced in the House of Representatives on 
April 15, 1999, by Congressman Silvestre Reyes and referred to 
the Committee on Resources. On July 26, 2000, the Resources 
Committee met to mark up the bill. The bill was ordered 
favorably reported to the House of Representatives without 
amendment by unanimous consent. On September 7, 2000, the bill 
passed the House under suspension of the rules, and on 
September 13, 2000, was received in the Senate and referred to 
the Committee on Indian Affairs. On September 27, 2000, the 
bill was ordered favorably reported to the Senate without 
amendment.

            Committee Recommendation and Tabulation of Vote

    On September 27, 2000, the Committee on Indian Affairs, in 
an open business session adopted H.R. 1460 by voice vote and 
ordered the bill reported favorably to the full Senate.

                      Section-by-Section Analysis

    Section 1. Blood Quantum Required for Tribal Membership 
Decreased.--This section amends the Ysleta del Sur Pueblo and 
Alabama and Coushatta Indian Tribes of Texas Restoration Act 
(25 U.S.C. 1300g-7) by decreasing the requisite blood quantum 
for membership in the tribe from \1/8\ to \1/16\.

                   Cost and Budgetary Considerations

    The cost estimate for H.R. 1460 as calculated by the 
Congressional Budget Office, is set forth below:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 29, 2000.
Hon. Ben Nighthorse Campbell,
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. 1460, an act to 
amend the Ysleta del Sur Pueblo and Alabama and Coushatta 
Indian Tribes of Texas Restoration Act to decrease the 
requisite blood quantum required for membership in the Ysleta 
del Sur Pueblo tribe.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Lanette J. 
Keith and Eric Rollins.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 1460--An act to amend the Ysleta del Sur Pueblo and Alabama and 
        Coushatta Indian Tribes of Texas Restoration Act to decrease 
        the requisite blood quantum required for membership in the 
        Ysleta del Sur Pueblo tribe

    H.R. 1460 would decrease the level of tribal blood required 
for membership in the Ysleta del Sur Pueblo tribe. Currently, 
individuals must have a blood quantum level of at least one-
eighth to qualify for tribal membership. This act would change 
that level to one-sixteenth for the Ysleta del Sur Pueblo 
tribe.
    CBO estimates that implementing H.R. 1460 would cost the 
federal government $5 million over the 2001-2005 period, 
assuming that the tribe receives health services and benefits 
at a level similar to currently recognized tribes and that the 
necessary funds are appropriated. Enacting H.R. 1460 would not 
affect direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply. H.R. 1460 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.
    Although H.R. 1460 does not specifically authorize the 
appropriation of funds, it would increase the number of people 
eligible to join the Ysleta del Sur Pueblo tribe, and thus 
become eligible for health service benefits available to 
members of federally recognized Indian tribes. The Indian 
Health Service (IHS) could seek additional funds to provide 
benefits to new tribal members.
    Based on information from IHS, CBO estimates that the 
average annual cost of health service and benefits provided to 
tribal members is about $1,500 per individual. Based on 
information from the Bureau of Indian Affairs, CBO estimates 
that enacting H.R. 1460 would increase the population of the 
Ysleta del Sur Pueblo tribe by about 550 members in 2001. 
Therefore, CBO estimates that H.R. 1460 would cost the federal 
government about $1 million each year.
    On August 15, 2000, CBO transmitted a cost estimate for 
H.R. 1460 as ordered reported by the House Committee on 
Resources on July 26, 2000. The two versions of the legislation 
are identical, as are our cost estimates.
    The CBO staff contacts for this estimate are Lanette J. 
Keith and Eric Rollins. This estimate was approved by Peter H. 
Fontaine, Deputy Assistant Director for Budget Analysis.

                      Regulatory Impact Statement

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires that each report accompanying a bill to 
evaluate the regulatory paperwork impact that would be incurred 
in implementing the legislation. The Committee has concluded 
that enactment of H.R. 1460 will create only de minimis 
regulatory or paperwork burdens.

                        Executive Communications

    The Committee has received no official communication from 
the Administration on the provisions of the bill

                        Changes in Existing Law

    In compliance with subsection 12 of rule XXVI of the 
Standing Rules of the Senate, changes to existing law made by 
the bill are required to be set out in the accompanying 
Committee report. The Committee finds that enactment of H.R. 
1460 will result in the following changes in existing law. The 
matter to be deleted is indicated in brackets [] and bold face 
type. The matter to be inserted is indicated in italic.

SEC. 108. TRIBAL MEMBERSHIP.

    (a) In General.--The membership of the tribe shall consist 
of--
          (1) the individuals listed on the Tribal Membership 
        Roll approved by the tribe's Resolution No. TC-5-84 
        approved December 18, 1984, and approved by the Texas 
        Indian Commission's Resolution No. TIC-85-005 on 
        January 16, 1985; and
          (2) a descendant of an individual listed on that Roll 
        if the descendant--
                  (i) has [\1/8\] \1/16\ degree or more of 
                Tigua-Ysleta del Sur Pueblo Indian blood, and
                  (ii) is enrolled by the tribe.

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