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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.

           *       *       *       *       *       *       *