[House Report 109-633]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-633
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PUEBLO DE SAN ILDEFONSO CLAIMS SETTLEMENT ACT OF 2005
_______
September 6, 2006.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany S. 1773]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(S. 1773) to resolve certain Native American claims in New
Mexico, and for other purposes, having considered the same,
report favorably thereon without amendment and recommend that
the bill do pass.
PURPOSE OF THE BILL
The purpose of S. 1773 is to resolve certain Native
Americans claims in New Mexico, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
The Pueblo de San Ildefonso is a federally-recognized
Indian tribe in northern New Mexico along the upper Rio Grande
River. In 1704 the government of Spain issued a land grant to
the Pueblo; however, the grant area was considerably smaller
than the total area of the Pueblo's aboriginal lands. In 1848,
the United States, under the Treaty of Guadalupe-Hidalgo,
recognized the Pueblo's title to the lands included in the
Spanish grant, but large parcels of aboriginal lands lying
outside of the Spanish grant were not included. Over the years,
the United States disposed of the Pueblo's remaining aboriginal
territory without compensation to the Pueblo.
In 1951, the Pueblo filed a land claim before the Indian
Claims Commission seeking damages for the sale of its land by
the United States. The Commission held that the Pueblo used and
occupied a larger area than its current land holdings, that
portions of those lands were later taken from the Pueblo by the
United States, and that the United States was liable to the
Pueblo for most of its claims. After several years, the United
States and the Pueblo reached a mutually acceptable settlement
that, if approved by Congress, would provide a process for
selling and conveying to the Pueblo approximately 7,100 acres
of its aboriginal area that is now located within the National
Forest System. That agreement is embodied in S. 1773.
COMMITTEE ACTION
S. 1773 was introduced on September 26, 2005, by Senator
Pete Domenici (R-NM). The Senate passed the bill with
amendments by unanimous consent on May 24, 2006. In the House
of Representatives, the bill was referred to the Committee on
Resources. On July 26, 2006, the Resources Committee met to
consider the bill. 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 Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8, section 3 and Article IV, section 3,
clause 2 of the Constitution of the United States grant
Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) 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)(3)(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.
2. 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, credit
authority, or an increase or decrease in revenues or tax
expenditures. According to the Congressional Budget Office,
enactment of this bill would increase direct spending from the
Judgment Fund, which could be offset by future indeterminate
payments from that fund. In addition, the Congressional Budget
Office has concluded that the sales of the federal land to the
Pueblo authorized by the bill would not significantly affect
offsetting receipts, and the associated direct spending of
those receipts by the Forest Service would result in no net
budgetary impact. Finally, the Forest Service is authorized to
accept gifts of cash for surveys relating to land sales; these
receipts would not be significant according to the
Congressional Budget Office.
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 resolve certain Native Americans
claims in New Mexico, and for other purposes.
4. Congressional Budget Office Cost Estimate. 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:
S. 1773--Pueblo de San Ildefonso Claims Settlement Act of 2005
S. 1773 would ratify a settlement agreement entered into by
the Departments of Justice, the Interior, and Agriculture with
the Pueblo de San Ildefonso. Under the agreement, the tribe
would receive about $7 million from the federal government in
exchange for extinguishing certain claims against the
government. Funds from the settlement would be used by the
tribe to acquire land, including about 7,600 acres of national
forest land. The legislation also would allow the sales of
about 425 acres of federal land to the county of Los Alamos,
New Mexico, with an estimated value of about $500,000 and about
740 acres to the Pueblo of Santa Clara for about $350,000. All
proceedings from the land sales would be available to the U.S.
Forest Service to spend, without further appropriation, to
purchase nonfederal lands within or adjacent to national
forests in New Mexico.
CBO estimates that implementing S. 1773 would increase
direct spending from the Judgment Fund of the U.S. Treasury by
about $7 million in fiscal year 2006. That payment could be
offset by a reduction in possible future payments from the
Judgment Fund to settle the tribe's claims, but CBO cannot
estimate the likelihood, magnitude, or timing of such an
offset. According to the Forest Service, the lands to be sold
currently generate no significant receipts and are not expected
to do so during the next 10 years. Hence, CBO estimates that
selling the land would not significantly affect offsetting
receipts (a credit against direct spending). As noted above,
the Forest Service would spend roughly $850,000 of such
proceeds, so there would be no net budget impact from those
sales.
The legislation also would allow the Forest Service to
accept gifts of cash or services for surveys related to the
land sales. CBO estimates that the total value of the gifts
would not be significant. In addition, based on information
from the Forest Service, we estimate that the administrative
costs of implementing this legislation, including the required
surveys, would be negligible.
S. 1773 contains an intergovernmental mandate as defined in
the Unfunded Mandates Reform Act (UMRA) because it would
preempt state law and require that the settlement agreement be
interpreted under federal law. CBO estimates, however, that
this mandate would impose no costs on any state, local, or
tribal government, and so would not exceed the threshold
established in UMRA ($64 million in 2006, adjusted annually for
inflation). Enacting this legislation would benefit the Pueblo
de San Ildefonso because it is a necessary step towards
implementing the settlement agreement between the Pueblo and
the United States resolving the Pueblo's land claims. Any costs
or duties that S. 1773 might impose on the Pueblo would be
those it has assumed voluntarily as a party to the agreement.
The legislation would impose no other significant costs on any
state, local, or tribal government.
S. 1773 contains no new private-sector mandates as defined
in UMRA.
On April 19, 2006, CBO transmitted a cost estimate for S.
1773, as ordered reported by the Senate Committee on Indian
Affairs on March 30, 2006. The two versions of the legislation
are identical, as are the estimated costs.
The CBO staff contacts for this estimate are Matthew
Pickford (for federal costs) and Marjorie Miller (for the
impact on state, local, and tribal governments). The estimate
was approved by Peter H. Fontaine, Deputy Assistant Director
for Budget Analysis.
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.