[Senate Report 114-431]
[From the U.S. Government Publishing Office]
Calendar No. 727
114th Congress } { Report
SENATE
2d Session } { 114-431
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A BILL TO PROVIDE THAT THE PUEBLO OF SANTA CLARA MAY LEASE FOR 99 YEARS
CERTAIN RESTRICTED LAND, AND FOR OTHER PURPOSES
_______
December 20, 2016.--Ordered to be printed
Filed, under authority of the order of the Senate of December 10,
(legislative day, December 9), 2016
_______
Mr. Barrasso, from the Committee on Indian Affairs,
submitted the following
R E P O R T
[To accompany S. 2916]
The Committee on Indian Affairs, to which was referred the
bill (S. 2916) to provide that the pueblo of Santa Clara may
lease for 99 years certain restricted land, and for other
purposes, having considered the same, reports favorably thereon
without amendment and recommends that the bill do pass.
Purpose
The purpose of the bill, S. 2916, is to amend the Long Term
Leasing Act to clarify that the Pueblos of Santa Clara and
Ohkay Owingeh are authorized to lease their respective tribal
trust and restricted fee lands for up to 99 years. Many of the
tribal lands within these Pueblos' respective reservations are
held in restricted fee simple, in addition to those lands that
are held in trust by the United States.
Need for Legislation
The bill, S. 2916, would allow the Pueblos of Santa Clara
and Ohkay Owingeh to lease certain types of land located within
the Santa Clara Pueblo Grant for purposes of economic
development. This legislation would make clear under the Long
Term Leasing Act that these Pueblos may lease restricted fee
lands up to 99 years.
Background
The Pueblo of Santa Clara and the Pueblo of Ohkay Owingeh
have unique histories relative to the status of their lands.\1\
The Pueblo of Santa Clara is located in New Mexico beside the
Rio Grande River north of the city Santa Fe, near the city of
Espanola. According to the Department of the Interior, the
Pueblo has approximately 2,800 enrolled members.\2\ Currently,
the Pueblo of the Santa Clara reservation is comprised of land
granted from the Spanish by land grant,\3\ and reservation land
established in 1905 by Executive Order.\4\ The land grant was
confirmed by Congress on December 22, 1858\5\ and patented on
November 15, 1909.\6\
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\1\The Pueblos of Santa Clara and Ohkay Owingeh had ancestral lands
located in what is now the State of New Mexico. After the countries of
Spain and Mexico laid claim to lands in the area, community land grants
were issued to the Pueblos. The history of the grants and Pueblo land
status vis-a-vis the Federal trust responsibility is discussed in
greater detail in other Federal agency documents as well as Federal
statutes and court cases. See e.g., U.S. Department of Interior. Office
of Indian Affairs. Pueblo of Santa Clara Land Status. A Report prepared
by the Land Division United Pueblos Agency. Albuquerque, New Mexico.
April 1, 1940, at 23; U.S. Gov't Accountability Office, GAO-01-951,
Treaty of Guadalupe Hidalgo Definition and List of Community Land
Grants in New Mexico 7 (2001); 583 Stat. 851-854 (1891); 25 U.S.C.
Sec. 177, 43 Stat. 636, June 7, 1924; S. Rep. No. 492, 68th Cong., 1st
Sess., at 5 (1024); United States v. Sandoval. 231 U.S. 28 (1913).
\2\Department of the Interior. Bureau of Indian Affairs. What We
Do. http://www.bia.gov/WhoWeAre/RegionalOffices/Southwest/What/
index.htm. (Last reviewed on August 23, 2016).
\3\See U.S. Gov't Accountability Office, GAO-01-951, Treaty of
Guadalupe Hidalgo Definition and List of Community Land Grants in New
Mexico 3 (2001).
\4\Exec. Order No. XXVI (1905).
\5\11 Stat. 374 (1958).
\6\U.S. Department of Interior. Office of Indian Affairs. Pueblo of
Santa Clara Land Status. A Report prepared by the Land Division United
Pueblos Agency. Albuquerque, New Mexico. April 1, 1940, p-23.
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The Pueblo of Ohkay Owingeh is located along the Rio Grande
River 25 miles north of Santa Fe, New Mexico. According to the
Department of the Interior, the Pueblo has approximately 2,723
enrolled members.\7\ In 1897, the Supreme Court ruled that
Indians were not considered to be allotted settlers and reduced
the size of the land grant to approximately 5,000 acres.\8\
Since that time, additional Ohkay Owingeh lands have been
acquired.
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\7\Department of the Interior. Bureau of Indian Affairs. What We
Do. http://www.bia.gov/WhoWeAre/RegionalOffices/Southwest/What/
index.htm. (Last reviewed on August 23, 2016).
\8\U.S. v. Sandoval, 167 U.S. 278 (1897).
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On August 9, 1955, the Long Term Leasing Act\9\ was enacted
to allow Indian tribes to lease land to non-federal government
entities for a period of 25 years. However, several amendments
have been enacted to allow approximately fifty tribes to lease
lands for a period of up to 99 years. In 1992, the Act was
amended to authorize leasing of up to 99 years for lands held
in trust for the Pueblo of Santa Clara\10\ and for the Pueblo
of Ohkay Owingeh in 2011.\11\ But these amendments failed to
include the long-term leasing authority for the restricted fee
lands of these Pueblos. This bill would authorize such long-
term leasing for these Pueblo lands.
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\9\Act of August 9, 1955 (codified at 25 U.S.C. 415).
\10\Act of October 24, 1992, Pub. L. No. 102-497, 106 Stat. 3256.
\11\Act of January 4, 2011, Pub. L. No. 111-381, 124 Stat. 4133.
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Legislative History
The bill, S. 2916, was introduced May 11, 2016, by Senator
Udall and co-sponsored by Senator Heinrich. The Committee held
a legislative hearing on the bill on May 18, 2016, at which the
Director of the Bureau of Indian Affairs testified in support
of S. 2916.
On June 8, 2016, the Committee held a duly called business
meeting at which the bill was considered. No amendments were
filed to the bill. The Committee favorably reported the bill by
voice vote.
The companion bill, H.R. 4255, was introduced on December
15, 2015, by Representative Ben Ray Lujan and was co-sponsored
by Representative Michelle Lujan. It was referred to the
Subcommittee on Indian, Insular, and Alaska Native Affairs of
the Committee on Natural Resources of the House of
Representatives. There has been no further action taken on the
bill. The bills differ in one significant respect. The Senate
bill, S. 2919, allows leases up to 99 years on tribal trust and
restricted fee land for both the Pueblos of Santa Clara and
Ohkay Owingeh, whereas H.R. 4255 would only allow leases up to
99 years on tribal trust and restricted fee land for only the
Santa Clara Pueblo.
Section-by-Section Analysis of Bill as Ordered Reported
Section 1
This section amends the Act of August 9, 1955 (commonly
known as the Long Term Leasing Act) by allowing the Ohkay
Owingeh Pueblo and the Pueblo of the Santa Clara to make leases
for up to 99 years and other technical corrections.
Cost and Budgetary Considerations
The following cost estimate, as provided by the
Congressional Budget Office, dated
August 8, 2016.
Hon. John Barrasso,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2916, a bill to
provide that the pueblo of Santa Clara may lease for 99 years
certain restricted land, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert Reese.
Sincerely,
Keith Hall.
Enclosure.
S. 2916--A bill to provide that the pueblo of Santa Clara may lease for
99 years certain restricted land, and for other purposes
S. 2916 would authorize the pueblo of Santa Clara and the
Ohkay Owingeh pueblo to lease tribal lands for up to 99 years.
In general, under current law, the tribes can lease tribal
lands to schools, businesses, and public entities for 25-year
terms.
CBO estimates that implementing S. 2916 would have no
significant impact on the federal budget. Any additional
proceeds from such leases would accrue to the owners of the
land and would have no effect on the federal budget. Enacting
S. 2916 would not affect direct spending or revenues;
therefore, pay-as-you-go procedures would not apply.
CBO estimates that enacting S. 2916 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
S. 2916 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act. The
pueblo of Santa Clara and the Ohkay Owingeh pueblo would
benefit from provisions in the bill allowing them to lease land
for up to 99 years, regardless of the trust status of the land.
The CBO staff contacts for this estimate are Robert Reese
(for federal costs) and Rachel Austin (for intergovernmental
mandates). The estimate was approved by Theresa Gullo,
Assistant Director for Budget Analysis.
Executive Communications
The Committee has received no communications from the
Executive Branch regarding S. 2916.
Regulatory and Paperwork Impact Statement
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires each report accompanying a bill to evaluate the
regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee believes that S. 2916 will
have a minimal impact on regulatory or paperwork requirements.
Changes in Existing Law (Cordon Rule)
In compliance with subsection 12 of rule XXVI of the
Standing Rules of the Senate, changes to existing law made by
S. 2916, as ordered reported, are shown as follows (existing
law proposed to be omitted is enclosed in black brackets and
new matter is printed in italic):
(a) Authorized Purposes; Term; Approval by Secretary.--Any
restricted Indian lands, whether tribally or individually
owned, may be leased by the Indian owners, with the approval of
the Secretary of the Interior, for public, religious,
educational, recreational, residential, or business purposes,
including the development or utilization of natural resources
in connection with operations under such leases, for grazing
purposes, and for those farming purposes which require the
making of a substantial investment in the improvement of the
land for the production of specialized crops as determined by
said Secretary. All leases so granted shall be for a term of
not to exceed twenty-five years, except leases of land located
outside the boundaries of Indian reservations in the State of
New Mexico, leases of land on the Aqua Caliente (Palm Springs)
Reservation, the Dania Reservation, the Pueblo of Santa Ana
(with the exception of the lands known as the ``Santa Ana
Pueblo Spanish Grant''), the reservation of the Confederated
Tribes of the Warm Springs Reservation of Oregon, land held in
trust for the Coquille Indian Tribe, land held in trust for the
Confederated Tribes of Siletz Indians, land held in trust for
the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw
Indians, land held in trust for the Klamath Tribes, and land
held in trust for the Burns Paiute Tribe, the Moapa Indian
Reservation, the Swinomish Indian Reservation, the Southern Ute
Reservation, the Fort Mojave Reservation, the Confederated
Tribes of the Umatilla Indian Reservation, the Burns Paiute
Reservation, the Coeur d'Alene Indian Reservation, the Kalispel
Indian Reservation and land held in trust for the Kalispel
Tribe of Indians, the Puyallup Tribe of Indians,[,] the pueblo
of Cochiti, Ohkay Owingeh pueblo, the pueblo of Pojoaque, the
pueblo of Santa Clara, the pueblo of Tesuque, the pueblo of
Zuni, the Hualapai Reservation, the Spokane Reservation, the
San Carlos Apache Reservation, the Yavapai-Prescott Community
Reservation, the Pyramid Lake Reservation, the Gila River
Reservation, the Soboba Indian Reservation, the Viejas Indian
Reservation, the Tulalip Indian Reservation, the Navajo
Reservation, the Cabazon Indian Reservation, the Muckleshoot
Indian Reservation and land held in trust for the Muckleshoot
Indian Tribe, the Mille Lacs Indian Reservation with respect to
a lease between an entity established by the Mille Lacs Band of
Chippewa Indians and the Minnesota Historical Society, leases
of the [the] lands comprising the Moses Allotment Numbered 8
and the Moses Allotment Numbered 10, Chelan County, Washington,
and lands held in trust for the Las Vegas Paiute Tribe of
Indians, and lands held in trust for the Twenty-nine Palms Band
of Luiseno Mission Indians, and lands held in trust for the
Reno Sparks Indian Colony, lands held in trust for the Torres
Martinez Desert Cahuilla Indians, lands held in trust for the
Guidiville Band of Pomo Indians of the Guidiville Indian
Rancheria, lands held in trust for the Confederated Tribes of
the Umatilla Indian Reservation, lands held in trust for the
Confederated Tribes of the Warm Springs Reservation of Oregon,
and lands held in trust for the Cow Creek Band of Umpqua Tribe
of Indians, land held in trust for the Prairie Band Potawatomi
Nation, lands held in trust for the Cherokee Nation of
Oklahoma, land held in trust for the Fallon Paiute Shoshone
Tribes, [lands held in trust for the Pueblo of Santa
Clara,]lands held in trust for the Yurok Tribe, lands held in
trust for the Hopland Band of Pomo Indians of the Hopland
Rancheria, lands held in trust for the Confederated Tribes of
the Colville Reservation, lands held in trust for the Cahuilla
Band of Indians of California, lands held in trust for the
Confederated Tribes of the Grand Ronde Community of Oregon, and
the lands held in trust for the Confederated Salish and
Kootenai Tribes of the Flathead Reservation, Montana, and
leases to the Devils Lake Sioux Tribe, or any organization of
such tribe, of land on the Devils Lake Sioux Reservation, and
[lands held in trust for Ohkay Owingeh Pueblo] which may be for
a term of not to exceed ninety-nine years, and except leases of
land held in trust for the Morongo Band of Mission Indians
which may be for a term of not to exceed 50 years, and except
leases of land for grazing purposes which may be for a term of
not to exceed ten years. Leases for public, religious,
educational, recreational, residential, or business purposes
(except leases the initial term of which extends for more than
seventy-four years) with the consent of both parties may
include provisions authorizing their renewal for one additional
term of not to exceed twenty-five years, and all leases and
renewals shall be made under such terms and regulations as may
be prescribed by the Secretary of the Interior. Prior to
approval of any lease or extension of an existing lease
pursuant to this section, the Secretary of the Interior shall
first satisfy himself that adequate consideration has been
given to the relationship between the use of the leased lands
and the use of neighboring lands; the height, quality, and
safety of any structures or other facilities to be constructed
on such lands; the availability of police and fire protection
and other services; the availability of judicial forums for all
criminal and civil causes arising on the leased lands; and the
effect on the environment of the uses to which the leased lands
will be subject.
[all]