[Senate Report 106-464]
[From the U.S. Government Publishing Office]
Calendar No. 912
106th Congress Report
SENATE
2d Session 106-464
======================================================================
AMENDING THE YSLETA DEL SUR PUEBLO AND ALABAMA AND COUSHATTA INDIAN
TRIBES OF TEXAS RESTORATION ACT TO DECREASE THE REQUISITE BLOOD QUANTUM
REQUIRED FOR MEMBERSHIP IN THE YSLETA DEL SUR PUEBLO TRIBE
_______
October 2 (legislative day, September 22), 2000.--Ordered to be printed
_______
Mr. Campbell, from the Committee on Indian Affairs, submitted the
following
R E P O R T
[To accompany H.R. 1460]
The Committee on Indian Affairs to which was referred the
bill (H.R. 1460) to amend the Ysleta del Sur Pueblo and Alabama
and Coushatta Indian Tribes of Texas Restoration Act to
decrease the requisite blood quantum required for membership in
the Ysleta del Sur Pueblo tribe, having considered the same,
reports favorably thereon without amendment and recommends that
the bill do pass.
Purpose of the Bill
The purpose of H.R. 1460 is to amend the Ysleta del Sur
Pueblo and Alabama and Coushatta Indian Tribes of Texas
Restoration Act to decrease the requisite blood quantum
required for membership in the Ysleta del Sur Pueblo tribe.
Background and Need for Legislation
H.R. 1460 would amend the Ysleta del Sur Pueblo and Alabama
and Coushatta Indian Tribes of Texas Restoration Act (Public
Law 100-89, 25 U.S.C. 1300g et seq.) to decrease the requisite
blood quantum required for membership in the Ysleta del Sur
Pueblo tribe, also known as the Tigua Indian Tribe. That 1987
Act, which restored recognition to the Tribe, requires that
this Tribe's members have a blood quantum of at least one-
eighth to qualify for tribal membership.
All federally-recognized Indian tribes have the power to
determine their own membership criteria, including their own
blood quantum requirements. However, this power can be, and at
this Tribe's request, has been superseded by Congress. H.R.
1460 would amend the Tribe's blood quantum requirement from
one-eight to one-sixteenth at the request of the Tribe.
There are currently 1,252 members of the Tribe. If the
current blood quantum requirements remain in effect, the
membership of Tribe would be reduced significantly within three
generations. To date, 27 individuals have been removed from the
Tribe's rolls because their blood quantum has been determined
to be below the requisite minimum mandated by law. Upon
enactment of H.R. 1460 those individuals would be eligible to
petition for re-enrollment.
Committee Action
H.R. 1460 was introduced in the House of Representatives on
April 15, 1999, by Congressman Silvestre Reyes and referred to
the Committee on Resources. On July 26, 2000, the Resources
Committee met to mark up the bill. The bill was ordered
favorably reported to the House of Representatives without
amendment by unanimous consent. On September 7, 2000, the bill
passed the House under suspension of the rules, and on
September 13, 2000, was received in the Senate and referred to
the Committee on Indian Affairs. On September 27, 2000, the
bill was ordered favorably reported to the Senate without
amendment.
Legislative History
H.R. 1460 was introduced in the House of Representatives on
April 15, 1999, by Congressman Silvestre Reyes and referred to
the Committee on Resources. On July 26, 2000, the Resources
Committee met to mark up the bill. The bill was ordered
favorably reported to the House of Representatives without
amendment by unanimous consent. On September 7, 2000, the bill
passed the House under suspension of the rules, and on
September 13, 2000, was received in the Senate and referred to
the Committee on Indian Affairs. On September 27, 2000, the
bill was ordered favorably reported to the Senate without
amendment.
Committee Recommendation and Tabulation of Vote
On September 27, 2000, the Committee on Indian Affairs, in
an open business session adopted H.R. 1460 by voice vote and
ordered the bill reported favorably to the full Senate.
Section-by-Section Analysis
Section 1. Blood Quantum Required for Tribal Membership
Decreased.--This section amends the Ysleta del Sur Pueblo and
Alabama and Coushatta Indian Tribes of Texas Restoration Act
(25 U.S.C. 1300g-7) by decreasing the requisite blood quantum
for membership in the tribe from \1/8\ to \1/16\.
Cost and Budgetary Considerations
The cost estimate for H.R. 1460 as calculated by the
Congressional Budget Office, is set forth below:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 29, 2000.
Hon. Ben Nighthorse Campbell,
Chairman, Committee on Indian Affairs,
U.S. Senate,Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1460, an act to
amend the Ysleta del Sur Pueblo and Alabama and Coushatta
Indian Tribes of Texas Restoration Act to decrease the
requisite blood quantum required for membership in the Ysleta
del Sur Pueblo tribe.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Lanette J.
Keith and Eric Rollins.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 1460--An act to amend the Ysleta del Sur Pueblo and Alabama and
Coushatta Indian Tribes of Texas Restoration Act to decrease
the requisite blood quantum required for membership in the
Ysleta del Sur Pueblo tribe
H.R. 1460 would decrease the level of tribal blood required
for membership in the Ysleta del Sur Pueblo tribe. Currently,
individuals must have a blood quantum level of at least one-
eighth to qualify for tribal membership. This act would change
that level to one-sixteenth for the Ysleta del Sur Pueblo
tribe.
CBO estimates that implementing H.R. 1460 would cost the
federal government $5 million over the 2001-2005 period,
assuming that the tribe receives health services and benefits
at a level similar to currently recognized tribes and that the
necessary funds are appropriated. Enacting H.R. 1460 would not
affect direct spending or receipts; therefore, pay-as-you-go
procedures would not apply. H.R. 1460 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.
Although H.R. 1460 does not specifically authorize the
appropriation of funds, it would increase the number of people
eligible to join the Ysleta del Sur Pueblo tribe, and thus
become eligible for health service benefits available to
members of federally recognized Indian tribes. The Indian
Health Service (IHS) could seek additional funds to provide
benefits to new tribal members.
Based on information from IHS, CBO estimates that the
average annual cost of health service and benefits provided to
tribal members is about $1,500 per individual. Based on
information from the Bureau of Indian Affairs, CBO estimates
that enacting H.R. 1460 would increase the population of the
Ysleta del Sur Pueblo tribe by about 550 members in 2001.
Therefore, CBO estimates that H.R. 1460 would cost the federal
government about $1 million each year.
On August 15, 2000, CBO transmitted a cost estimate for
H.R. 1460 as ordered reported by the House Committee on
Resources on July 26, 2000. The two versions of the legislation
are identical, as are our cost estimates.
The CBO staff contacts for this estimate are Lanette J.
Keith and Eric Rollins. This estimate was approved by Peter H.
Fontaine, Deputy Assistant Director for Budget Analysis.
Regulatory Impact Statement
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires that each report accompanying a bill to
evaluate the regulatory paperwork impact that would be incurred
in implementing the legislation. The Committee has concluded
that enactment of H.R. 1460 will create only de minimis
regulatory or paperwork burdens.
Executive Communications
The Committee has received no official communication from
the Administration on the provisions of the bill
Changes in Existing Law
In compliance with subsection 12 of rule XXVI of the
Standing Rules of the Senate, changes to existing law made by
the bill are required to be set out in the accompanying
Committee report. The Committee finds that enactment of H.R.
1460 will result in the following changes in existing law. The
matter to be deleted is indicated in brackets [] and bold face
type. The matter to be inserted is indicated in italic.
SEC. 108. TRIBAL MEMBERSHIP.
(a) In General.--The membership of the tribe shall consist
of--
(1) the individuals listed on the Tribal Membership
Roll approved by the tribe's Resolution No. TC-5-84
approved December 18, 1984, and approved by the Texas
Indian Commission's Resolution No. TIC-85-005 on
January 16, 1985; and
(2) a descendant of an individual listed on that Roll
if the descendant--
(i) has [\1/8\] \1/16\ degree or more of
Tigua-Ysleta del Sur Pueblo Indian blood, and
(ii) is enrolled by the tribe.
* * * * * * *