[House Report 110-272]
[From the U.S. Government Publishing Office]



                                                                       
110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-272

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

 
  TO AMEND THE YSLETA DEL SUR PUEBLO AND ALABAMA AND COUSHATTA INDIAN 
  TRIBES OF TEXAS RESTORATION ACT TO ALLOW THE YSLETA DEL SUR PUEBLO 
  TRIBE TO DETERMINE BLOOD QUANTUM REQUIREMENT FOR MEMBERSHIP IN THAT 
                                 TRIBE

                                _______
                                

 July 30, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1696]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 1696) to amend the Ysleta del Sur Pueblo and Alabama 
and Coushatta Indian Tribes of Texas Restoration Act to allow 
the Ysleta del Sur Pueblo tribe to determine blood quantum 
requirement for membership in that Tribe, 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. 1696 is to amend the Ysleta del Sur 
Pueblo and Alabama and Coushatta Indian Tribes of Texas 
Restoration Act to allow the Ysleta del Sur Pueblo Tribe to 
determine blood quantum requirement for membership in that 
Tribe.

                  Background and Need for Legislation

    Established in 1681, Ysleta del Sur Pueblo is the oldest 
community in Texas and the only pueblo still in existence in 
the state. The Ysleta del Sur Pueblo is located in El Paso, 
Texas and has approximately 1,300 tribal members. The Tribe was 
recognized by the State of Texas in 1968 and in 1987, the Tribe 
received federal recognition through the ``Ysleta del Sur 
Pueblo and Alabama and Coushatta Indian Tribes of Texas 
Restoration Act.'' The 1987 Act requires that tribal members 
meet a \1/8\th blood quantum requirement for membership into 
the Tribe. As a result, the Tribe is faced with the prospect of 
a declining membership as most tribal members are elderly and 
there is little intermarriage due to close familial relations.
    If the current blood quantum requirements remain in effect, 
tribal membership will decline significantly within three 
generations. In 2000, 27 individuals were removed from the 
Tribe's rolls because their blood quantum was determined to be 
below the requisite minimum mandated by law. Upon enactment of 
this measure, these individuals and others would be eligible to 
petition for enrollment. It is estimated that passage of this 
legislation would allow for an additional 857 members to be 
enrolled in the Tribe.

YSLETA DEL SUR PUEBLO AND ALABAMA AND COUSHATTA INDIAN TRIBES OF TEXAS 
            RESTORATION ACT OF 1987 (25 U.S.C. Sec. 1300G-7)

    In 1968, the United States acknowledged the Tribe as 
Indians but precluded the Tribe from accessing federal services 
and benefits. Hence, the Tribe's relationship with the federal 
government was effectively terminated upon enactment of the 
Tiwa Indians Act of 1968 (82 Stat. 93). In 1987, the Tiwa 
Indians Act of 1968 was repealed by the Ysleta del Sur Pueblo 
and Alabama Coushatta Indian Tribes of Texas Restoration Act, 
which restored the federal trust relationship and extended all 
federal services and benefits to the Tribe. But in doing so, 
the United States required that individuals have a blood 
quantum of at least one-eighth to qualify for tribal 
membership.

                         BLOOD QUANTUM OVERVIEW

    Before the imposition of blood quantum criteria, Indian 
nations had customary ways of determining who was and who was 
not a member of their tribe. It was often based on customs, 
traditions, language and tribal blood. This preserved the 
unique character and traditions of each tribe. Tribal authority 
to determine their membership criteria has been affirmed by the 
Supreme Court in Santa Clara Pueblo v. Martinez, 436 U.S. 49 
(1978). But because Congress has plenary authority over Indian 
tribes, Congress can supersede a tribe's decision. This 
occurred with the enactment of the Ysleta del Sur Pueblo and 
Alabama and Coushatta Indian Tribes of Texas Restoration Act of 
1987, thereby limiting the United States' trust responsibility 
to the Tribe.

                          LEGISLATIVE HISTORY

    Similar bills were introduced from the 105th to the 109th 
Congress, but those bills lowered the minimum blood quantum 
requirement from \1/8\ to \1/16\ whereas this bill deletes any 
blood quantum requirement. During the 105th Congress, 
Representative Reyes introduced H.R. 2419, which was referred 
to the House Committee on Resources, but no action was taken. 
During the 106th Congress, Representative Reyes introduced H.R. 
1460, which was referred to the Committee on Resources. On July 
26, 2000, the Committee on Resources unanimously reported H.R. 
1460 (H. Rept. 106-830) to the House of Representatives without 
amendment. On September 7, 2000, the bill passed the House 
under suspension of the rules. On September 13, 2000, the bill 
was received in the Senate and referred to the Committee on 
Indian Affairs. On September 27, 2000, the bill was favorably 
reported to the Senate without amendment but the bill died when 
the 106th Congress adjourned. In the 107th, 108th, and 109th 
Congresses, Representative Reyes introduced H.R. 1197, H.R. 
2495, and H.R. 861, respectively. Each of these bills was 
referred to the House Committee on Resources but no major 
actions were taken.

                            Committee Action

    H.R. 1696 was introduced on March 26, 2007 by 
Representative Reyes (D-TX). The bill was referred to the 
Committee on Natural Resources. The full Committee on Natural 
Resources held a hearing on H.R. 1696 on July 11, 2007, at 
which the Department of the Interior testified in support of 
the measure. On July 18, 2007, the full Committee met to mark 
up the bill. No amendments were offered and the bill was then 
ordered favorably reported to the House of Representatives by 
unanimous consent.

                      Section-by-Section Analysis


Section 1. Blood quantum requirement determined by tribe

    Section 1 amends the Ysleta del Sur Pueblo and Alabama and 
Coushatta Indian Tribes of Texas Restoration Act (25 U.S.C. 
1300g-7(2)) by deleting the \1/8\ blood requirement. This 
authorizes the Ysleta del Sur Pueblo to determine the blood 
quantum requirement for membership in the Tribe.

            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 Natural 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. This bill authorizes no 
funding, nor does it affect direct spending or revenues. It is 
therefore anticipated that enacting H.R. 1696 would have no 
significant impact 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. 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.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    H.R. 1696 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

  SECTION 108 OF THE YSLETA DEL SUR PUEBLO AND ALABAMA AND COUSHATTA 
                 INDIAN TRIBES OF TEXAS RESTORATION ACT


SEC. 108. TRIBAL MEMBERSHIP.

  (a) In General.--The membership of the tribe shall consist 
of--
          (1) * * *
          (2) a descendant of an individual listed on that Roll 
        [if the descendant--
                  [(i) has \1/8\ degree or more of Tigua-Ysleta 
                del Sur Pueblo Indian blood, and
                  [(ii) is enrolled by the tribe.] if the 
                descendant is enrolled by the tribe.

           *       *       *       *       *       *       *


                                  
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