[House Report 112-222]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-222
======================================================================
AMENDING 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
_______
September 23, 2011.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 1560]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 1560) 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. 1560 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
The Ysleta del Sur Pueblo was originally based in New
Mexico and then relocated after the 1680 Pueblo Revolt to its
present location in El Paso County, Texas. According to the
Department of the Interior, there are 1,691 members currently
enrolled to the Tribe.
In 1967, Congress enacted Public Law 90-287, terminating
the federal trust relationship with the Tribe and placing the
Tribe under the jurisdiction of the State of Texas. In 1987,
the federal trust relationship was restored by Public Law 100-
89, the ``Ysleta del Sur Pueblo and Alabama and Coushatta
Indian Tribes of Texas Restoration Act.''
Under the Restoration Act (codified at 25 U.S.C.
Sec. 1300G-7(a)(2)(i)), every member of the Tribe must be: an
individual listed on a Tribal Membership Roll approved by the
Tribe in 1984 and the Texas Indian Commission in 1985; or a
descendant of an individual listed on such Tribal Membership
Roll if the descendant has \1/8\-degree or more Ysleta del Sur
Indian blood.
In recent years the Tribe has passed resolutions in favor
of legislation to eliminate the \1/8\-degree minimum blood
quantum. This is consistent with the modern Congressional
policy of allowing recognized tribes to set their own
membership criteria even though such criteria permit tribes, at
their option, to enroll members possessing very small degrees
of Indian ancestry. Some tribes require each member to trace at
least one ancestor to a base roll of Indians, while others
require a minimum of \1/8\- to \1/4\-degree Indian blood.
On June 22, 2011, the Subcommittee on Indian and Alaska
Native Affairs held a hearing on H.R. 1560. Testimony was
received from the Hon. Silvestre Reyes, the Department of the
Interior, and the Lieutenant Governor of the Pueblo. All
witnesses testified in support of H.R. 1560. The Interior
witness stated: ``Indian Affairs cannot find any other
instances where a Tribe's membership is bound by a blood
quantum requirement under Federal statute.''
H.R. 1560 eliminates the \1/8\-degree blood quantum
requirement for the Tribe under its Restoration Act, and
replaces it with a requirement that a member possess any degree
of Indian blood as determined by the Tribe.
Committee Action
H.R. 1560 was introduced on April 14, 2011, by Congressman
Silvestre Reyes (D-TX). The bill was referred to the Committee
on Natural Resources, and within the Committee to the
Subcommittee on Indian and Alaska Native Affairs. On June 22,
2011, the Subcommittee on Water and Power held a hearing on the
bill. On July 20, 2011, the Full Resources Committee met to
consider the bill. The Subcommittee on Indian and Alaska Native
Affairs was discharged by unanimous consent. No amendments were
offered, and the bill was ordered favorably reported to the
House of Representatives by unanimous consent.
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.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) 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. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
H.R. 1560--A bill 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
H.R. 1560 would amend the Ysleta del Sur Pueblo and Alabama
and Coushatta Indian Tribes of Texas Restoration Act to
eliminate the requirement that individuals have a blood quantum
level of at least one-eighth to qualify for tribal membership.
This legislation would allow the Ysleta del Sur Pueblo tribe to
establish its own blood quantum requirement for determining
membership.
Based on information from the Department of the Interior,
the Indian Health Service, and members of the Ysleta del Sur
Pueblo tribe, CBO estimates that implementing H.R. 1560 would
have no significant impact on the federal budget. Federal
agencies currently provide services to all of the Ysleta del
Sur Pueblo Indians who would become tribal members under H.R.
1560 because those agencies do not restrict services based on
tribal membership established under the Ysleta del Sur Pueblo
and Alabama and Coushatta Indian Tribes of Texas Restoration
Act. Enacting the legislation would not affect direct spending
or revenues; therefore, pay-as-you-go procedures do not apply.
H.R. 1560 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.
Enacting this legislation would benefit the Ysleta del Sur
Pueblo tribe.
The CBO staff contacts for this estimate are Martin von
Gnechten (for Bureau of Indian Affairs programs) and Robert
Stewart (for Indian Health Service programs). This estimate was
approved by Peter H. Fontaine, Assistant Director for Budget
Analysis.
2. Section 308(a) of 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. Based on
information from the Department of the Interior, the Indian
Health Service, and members of the Ysleta del Sur Pueblo tribe,
CBO estimates that implementing H.R. 1560 would have no
significant impact on the federal budget.
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.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
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 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.]
(2) any person of Tigua Ysleta del Sur Pueblo Indian
blood enrolled by the tribe.
* * * * * * *