[Senate Report 110-434]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 925
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-434

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TO DIRECT THE SECRETARY OF THE INTERIOR TO TAKE INTO TRUST 2 PARCELS OF 
FEDERAL LAND FOR THE BENEFIT OF CERTAIN INDIAN PUEBLOS IN THE STATE OF 
                               NEW MEXICO

                                _______
                                

                 July 31, 2008.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 1193]

    The Committee on Indian Affairs, to which was referred the 
bill, S. 1193, to direct the Secretary of the Interior to take 
into trust 2 parcels of Federal land for the benefit of certain 
Indian Pueblos in the State of New Mexico, having considered 
the same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                                PURPOSE

    S. 1193 would direct the Secretary of the Interior to place 
into trust two parcels totaling 18.3 acres of Federal land for 
the educational, health, cultural, and economic benefit of the 
19 Indian Pueblos in the State of New Mexico (Acoma, Cochiti, 
Isleta, Jemez, Laguna, Nambe, Ohkay Owingeh, Picuris, Pojoaque, 
San Felipe, San Ildefonso, Sandia, Santa Ana, Santa Clara, 
Santo Domingo, Taos, Tesuque, Zia, and Zuni--all federally 
recognized Indian Tribes). The 19 Pueblos will manage the land 
through the All Indian Pueblo Council and the Indian Pueblos 
Federal Development Corporation. One parcel is located adjacent 
to two existing tracts of land held in trust by the United 
States for the Pueblos, and the other parcel is located across 
a highway from the first parcel.

                               BACKGROUND

    The Albuquerque Indian School was established in 1881 as 
part of the Federal Government's policy on Indian affairs at 
the time that encouraged the assimilation of Native Americans, 
promoted placing American Indian children in off-reservation 
boarding schools, and suppressed tribal culture, language, and 
religion.
    Federal policies shifted over the following century from 
Indian Reorganization (1928-1942) (which sought to strengthen 
tribal governments and restore tribal land bases) to 
Termination (1943-1961) (which sought to extinguish the 
government-to-government relationship with Indian Tribes, 
extinguish their land base, and delegate Federal 
responsibilities to State governments). However, on July 8, 
1970, President Nixon, in a Special Message to Congress, 
formally repudiated the Termination policy and announced a new 
federal policy that supports Indian self-determination and 
economic self-sufficiency. Support of Indian self-determination 
remains the Indian affairs policy of the United States.
    Soon after Congress enacted the Indian Self-Determination 
and Education Assistance Act, (Public Law 93-638, Jan. 4, 
1975), the All Indian Pueblo Council, contracted with the 
Bureau of Indian Affairs for the operation of the Albuquerque 
Indian School campus pursuant to that Act. The Albuquerque 
school program was moved to Santa Fe, New Mexico in July of 
1979.
    In 1981, the New Mexico Pueblos petitioned the United 
States for the transfer of approximately 44 acres of land 
located on the former Albuquerque Indian school site for the 
purpose of economic development. In 1984, the Department of the 
Interior's Assistant Secretary for Indian Affairs approved the 
request and conveyed the 44 acres of Federal land to the 19 
pueblos for their use and benefit pursuant to regulations in 
effect at the time.
    The Pueblos have used the land to erect and establish the 
Indian Pueblo Cultural Center, and government and business 
office centers, which have been a proven economic success. The 
Pueblos have also formed the Indian Pueblos Federal Development 
Corporation, which operates as a business council for the 19 
pueblos.
    The Department of the Interior has since revised its fee-
to-trust regulations. The current regulations, revised in 1995, 
are located at 25 CFR Part 151. They do not contemplate a trust 
acquisition for the benefit of multiple Indian Tribes, and that 
is the reason for this legislation.
    In 2003, the 19 Pueblos requested conveyance of two 
additional tracts of land from the former Albuquerque Indian 
School site, which total approximately 18.3 acres. The land 
contains various metal buildings that have deteriorated to the 
point that they have no usable value.
    The transfer is supported by the southwestern regional 
office of the Bureau of Indian Affairs, and the local 
community. With the addition of the two tracts, the 19 pueblos 
plan to expand into other economic development projects for the 
benefit of their citizens and the neighboring community.

                      SECTION-BY-SECTION ANALYSIS

Section 1

    The short title of the Act is the ``Albuquerque Indian 
School Act''.

Section 2. Definitions

    Section 2 defines the ``19 Pueblos'' to mean the New Mexico 
Indian Pueblos of Acoma, Cochiti, Isleta, Jemez, Laguna, Nambe, 
Ohkay Owingeh (San Juan), Picuris, Pojoaque, San Felipe, San 
Ildefonso, Sandia, Santa Ana, Santa Clara, Santo Domingo, Taos, 
Tesuque, Zia, and Zuni.

Section 3. Land taken into trust for benefit of 19 Pueblos

    Section 3 directs the Secretary of the Interior to place 
into trust all right, title, and interest of the United States 
in and to the two parcels of land (including any improvements 
and appurtenances to the land) for the educational, health, 
cultural, business, and economic development of the 19 Pueblos. 
Section 3(b) describes the land as Tracts B and D of a Bureau 
of Indian Affairs survey. Section 3(e) provides that the land 
shall remain subject to any private or municipal encumbrance, 
right-of-way, restriction, easement of record, or utility 
service agreement in effect on the date of enactment of this 
Act.

Section 4. Effect of other laws

    Section 4 makes clear that the land shall be subject to 
other Federal laws relating to Indian land. However, this 
section prohibits gaming activity (within the meaning of the 
Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)) from 
being carried out on the lands placed in trust pursuant to the 
Act.

                          LEGISLATIVE HISTORY

    In the 109th Congress, S. 3635 was introduced by Senator 
Domenici on July 11, 2006. The bill was referred to the 
Committee on Indian Affairs. No further action was taken on 
this measure.
    S. 1193 was introduced in the 110th Congress on April 24, 
2007, by Senators Domenici and Bingaman and was referred to the 
Committee on Indian Affairs.
    The following letter was submitted by the President of the 
Indian Pueblos Federal Development Corporation to Senator 
Bingaman:


                        COMMITTEE RECOMMENDATION

    On April 24, 2008, the Committee on Indian Affairs convened 
a business meeting to consider S. 1193, and other measures. 
During the meeting, the Committee voted, by voice vote, to 
report S. 1193 favorably to the full Senate with the 
recommendation that it do pass.

                   COST AND BUDGETARY CONSIDERATIONS

    The following cost estimate, as provided by the 
Congressional Budget Office, dated April 29, 2008, was prepared 
for S. 1193:

S. 1193--Albuquerque Indian Schools Act

    CBO estimates that implementing S. 1193 would have no 
significant impact on the federal budget. The bill 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.
    S. 1193 would authorize the Secretary of the Interior to 
take a total of 18 acres of federal land in Albuquerque, New 
Mexico, into trust for the benefit of 19 Indian Pueblos in the 
state. The land is part of the former site of the Albuquerque 
Indian School, which provided training for Indians until 1982. 
The Pueblos acquired a 44-acre portion of that site in 1984 for 
economic development purposes. Under the bill, the newly 
acquired land would be used for similar activities; gaming 
activities would be prohibited.
    According to the Bureau of Indian Affairs, the federal land 
currently generates no receipts and is not expected to do so 
during the next 10 years. Therefore, CBO estimates that 
transferring the lands into trust for the Pueblos would not 
affect offsetting receipts (a credit against direct spending). 
In addition, we estimate that the administrative costs of the 
transfer would be negligible.
    The CBO staff contact for this estimate is Leigh Angres. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

               REGULATORY AND PAPERWORK 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 and paperwork impact that would be 
incurred in carrying out the bill. The Committee has concluded 
that the regulatory and paperwork impacts of S. 1193 should be 
de minimis.

                        EXECUTIVE COMMUNICATIONS

    The Committee has received no communications from the 
Executive Branch regarding S. 1193.

                        CHANGES IN EXISTING LAW

    In compliance with subsection 12 of Rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law were made by S. 1193.

                                  
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