[Senate Report 115-8]
[From the U.S. Government Publishing Office]



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                                                        Calendar No. 22
                                                        
115th Congress       }                           {             Report
                                 SENATE
 1st Session         }                           {               115-8

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PROVIDING THAT THE PUEBLO OF SANTA CLARA MAY LEASE FOR 99 YEARS CERTAIN 
                RESTRICTED LAND, AND FOR OTHER PURPOSES

                                _______
                                

                 March 22, 2017.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 249]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 249) to amend the Long Term Leasing Act to provide 
that the Pueblo of Santa Clara may lease for 99 years certain 
restricted land, and for other purposes, reports favorably and 
recommends that the bill do pass.

                                Purpose

    The purpose of the bill, S. 249, 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. 249, 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 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.\1\ Currently, 
the Pueblo of the Santa Clara reservation is comprised of land 
granted from the Spanish by land grant,\2\ and reservation land 
established in 1905 by Executive Order.\3\ The land grant was 
confirmed by Congress on December 22, 1858\4\ and patented on 
November 15, 1909.\5\
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    \1\Department of the Interior. Bureau of Indian Affairs. What We 
Do. http://www.bia.gov/WhoWeAre/RegionalOffices/Southwest/What/
index.htm. (last reviewed on March 10, 2017).
    \2\See U.S. Gov't Accountability Office, GAO-01-951, Treaty of 
Guadalupe Hidalgo Definition and List of Community Land Grants in New 
Mexico, at 3 (2001).
    \3\Exec. Order No. XXVI (1905).
    \4\11 Stat. 374 (1958).
    \5\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.\6\ 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.\7\ 
Since that time, additional Ohkay Owingeh lands have been 
acquired.
---------------------------------------------------------------------------
    \6\Department of the Interior. Bureau of Indian Affairs. What We 
Do. http://www.bia.gov/WhoWeAre/RegionalOffices/Southwest/What/
index.htm. (last reviewed on March 10, 2017).
    \7\U.S. v. Sandoval, 167 U.S. 278 (1897).
---------------------------------------------------------------------------
    On August 9, 1955, the Long Term Leasing Act\8\ 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\9\ and for the Pueblo of 
Ohkay Owingeh in 2011.\10\ 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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    \8\Act of August 9, 1955 (codified at 25 U.S.C. 415).
    \9\Act of October 24, 1992, Pub.L.No. 102-497, 106 Stat. 3256.
    \10\Act of January 4, 2011, Pub.L.No. 111-381, 124 Stat. 4133.
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                          Legislative History

    During the 114th Congress, Senator Udall and cosponsor 
Senator Heinrich introduced S. 2916, the predecessor bill which 
is identical to S. 249. The Committee held a legislative 
hearing on May 18, 2016, at which the Director of the Bureau of 
Indian Affairs testified in support. On December 20, 2016, S. 
2916 was reported favorably by voice vote. No further action 
occurred prior to adjournment of the 114th Congress.
    This bill, S. 249, was introduced February 1, 2017, by 
Senator Udall and again co-sponsored by Senator Heinrich. On 
February 8, 2017, 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.

        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 February 17, 2017, was 
prepared for S. 249:

Hon. John Hoeven,
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. 249, 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. 249--A bill to provide that the Pueblo of Santa Clara may lease for 
        99 years certain restricted land, and for other purposes

    Summary: S. 249 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 up 
to 25 years.
    CBO estimates that implementing S. 249 would have no effect 
on the federal budget because any additional proceeds from such 
leases would accrue to the owners of the land. Enacting S. 249 
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures would not apply.
    CBO estimates that enacting S. 249 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    S. 249 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 the tribes 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 H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.

                        Executive Communications

    The Committee has received no communications from the 
Executive Branch regarding S. 249.

               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. 249 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. 249, 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]