[House Report 112-307]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-307

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



 
                    MESCALERO APACHE TRIBE LEASING 
                           AUTHORIZATION ACT

                                _______
                                

December 1, 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

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 1461]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1461) to authorize the Mescalero Apache Tribe to 
lease adjudicated water rights, 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. 1461 is to authorize the Mescalero 
Apache Tribe to lease adjudicated water rights.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Mescalero Apache Tribe consists of approximately 3,000 
members in south central New Mexico. After a series of court 
cases and litigation beginning in 1975 with the State of New 
Mexico suing the United States in state court, the state court 
finally determined that Mescalero Tribe was entitled to 
consumptive water right of 2,322.4 acre feet per year. However, 
under current law (25 U.S.C. 117), a tribe cannot lease its 
water without authorizing legislation from Congress. H.R. 1461 
would authorize the Mescalero Apache Tribe to lease its 
adjudicated water rights for no more than 99 years.

                            COMMITTEE ACTION

    H.R. 1461 was introduced on April 8, 2011, by Congressman 
Stevan Pearce (R-NM). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Indian and Alaska Native Affairs. On September 22, 2011, the 
Subcommittee held a hearing on the bill. On October 5, 2011, 
the Full Natural 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. 1461--Mescalero Apache Tribe Leasing Authorization Act

    H.R. 1461 would allow the Mescalero Apache Tribe of New 
Mexico to enter into a lease or other temporary conveyance of 
its water rights. H.R. 1461 would prevent the Mescalero Apache 
Tribe from permanently forfeiting their water rights and would 
authorize leases of no more than 99 years.
    Based on information from the Department of the Interior, 
CBO expects that the legislation would have no significant 
impact on the agency's administrative costs. H.R. 1461 would 
have no effect on direct spending or revenues because any 
income resulting from additional leases would be paid directly 
to the Mescalero Apache Tribe. Therefore, pay-as-you-go 
procedures do not apply.
    H.R. 1461 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.
    CBO staff contact for this estimate is Martin von Gnechten. 
The estimate was approved by Theresa Gullo, Deputy 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, CBO expects 
that the legislation would have no significant impact on the 
agency's administrative costs. H.R. 1461 would have no effect 
on direct spending or revenues because any income resulting 
from additional leases would be paid directly to the Mescalero 
Apache Tribe. Therefore, pay-as-you-go procedures do not apply.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to authorize the Mescalero Apache 
Tribe to lease adjudicated water rights.

                           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

    If enacted, this bill would make no changes in existing 
law.

                            ADDITIONAL VIEWS

    H.R. 1461 would authorize the Mescalero Apache Tribe of New 
Mexico to lease its adjudicated water rights for up to 99 
years. The Tribe intends to lease water to communities in 
Southeastern New Mexico that are in need of additional supplies 
due to severe drought. Revenue generated by such leasing would 
be used to improve tribal government services, such as senior 
care, infrastructure development, and academic scholarships. 
Congressional approval of tribal water rights is required 
before a tribe may lease its water rights.
    The Administration testified at a September 22, 2011 
hearing on the bill that its policy on approval of water leases 
should parallel aspects of its policies on approving leases of 
land. Accordingly, the Administration recommended including 
language in the bill that requires the Tribe to develop a water 
code and submit it to the Secretary of the Interior for 
approval. The Tribe would be unable to lease its water rights 
until such code is approved. The Administration also 
recommended that language be added clarifying that the bill 
applies to water leases off the Tribe's reservation.
    Because federal regulations governing the approval process 
for tribal water codes do not currently exist, and the need for 
language clarifying that the bill would apply only to off-
reservation leases is unclear, we agreed to move the bill 
forward without amendment. Minority staff intends to work with 
Majority staff and the Administration to address these issues 
prior to floor consideration of the bill.
                                   Edward J. Markey.
                                   Rush Holt.
                                   Dale E. Kildee.
                                   Grace F. Napolitano.
                                   Niki Tsongas.
                                   Raul M. Grijalva.
                                   John Garamendi.

                                  
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