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[House Report 112-306]
[From the U.S. Government Publishing Office]

112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-306

======================================================================

 
TO AMEND THE OMNIBUS INDIAN ADVANCEMENT ACT TO ALLOW CERTAIN LAND TO BE 
 USED TO GENERATE INCOME TO PROVIDE FUNDING FOR ACADEMIC PROGRAMS, AND 
                           FOR OTHER PURPOSES

                                _______
                                

December 1, 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. 1556]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 1556) to amend the Omnibus Indian Advancement Act to 
allow certain land to be used to generate income to provide 
funding for academic programs, 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 H.R. 1556 is to amend the Omnibus Indian 
Advancement Act to allow certain land to be used to generate 
income to provide funding for academic programs.

                  Background and Need for Legislation

    The Santa Fe Indian School in Santa Fe, New Mexico, is 
owned and operated by the 19 Pueblo Governors of New Mexico and 
is comprised of middle and high school students. Established in 
the late 1800s as a federal off-reservation boarding school, it 
later became a Tribally Controlled and Operated Grant School 
with funding through the Bureau of Indian Affairs Schools 
Program, under provisions of Public Law 100-297.
    On December 20, 2000, Public Law 106-568 transferred the 
Santa Fe Indian School property and the 115-acre property into 
trust for the 19 Pueblos of New Mexico, with certain 
limitations. Specifically, Section 824 of Public Law 106-568 
strictly states that land taken into trust can only be used for 
educational, health-related, or cultural purposes and prohibits 
Indian gaming. H.R. 1556 would amend Section 824 of Public Law 
106-568 so that the land already taken into trust can be used 
for economic purposes, while still maintaining the prohibition 
on Indian gaming.

                            Committee Action

    H.R. 1556 was introduced on April 14, 2011, by Congressman 
Ben Lujan (D-NM). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Indian and Alaska Native Affairs. On September 22, 2011, the 
Subcommittee held a hearing on the bill. On October 5, 2011, 
the Full Natural Resources Committee met to consider the bill. 
The Subcommittee on Indian and Alaska Native Affairs was 
discharged by unanimous consent. No amendments were offered to 
the bill, 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. 1556--A bill to amend the Omnibus Indian Advancement Act to allow 
        certain lands to be used to generate income to provide funding 
        for academic programs, and for other purposes

    H.R. 1556 would allow the 19 Pueblos of New Mexico, which 
operate the Sante Fe Indian School, to use property held in 
trust by the federal government for economic development 
activities. Under current law, the property can only be used 
for educational, health-related, or cultural purposes of the 
Sante Fe Indian School. Any income generated from economic 
development activities could be used by the Pueblos to promote 
educational, health-related, or cultural outcomes among 
students of the Sante Fe Indian School.
    Based on information from the Department of the Interior, 
CBO expects that the legislation would have an insignificant 
impact on the agency's administrative costs. H.R. 1556 would 
have no effect on direct spending or revenues because any 
income resulting from new economic development activities would 
be paid directly to the Pueblos; therefore, pay-as-you-go 
procedures do not apply.
    H.R. 1556 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.
    The CBO staff contact for this estimate is Martin von 
Gnechten. The estimate was approved by Theresa Gullo, Deputy 
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.
    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 amend the Omnibus Indian 
Advancement Act to allow certain land to be used to generate 
income to provide funding for academic programs.

                           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):

                     OMNIBUS INDIAN ADVANCEMENT ACT

           *       *       *       *       *       *       *
TITLE VIII--TECHNICAL CORRECTIONS

           *       *       *       *       *       *       *

Subtitle B--Santa Fe Indian School

           *       *       *       *       *       *       *

SEC. 824.   LAND USE.

    [(a) Limitation for Educational and Cultural Purposes.--The 
land taken into trust under section 823(a) shall be used solely 
for the educational, health, or cultural purposes of the Santa 
Fe Indian School, including use for related non-profit or 
technical programs, as operated by Santa Fe Indian School, Inc. 
on the date of the enactment of this Act.]
    (a) Limitation for Educational, Health, Cultural, and 
Economic Development Purposes.--The land taken into trust under 
section 823(a) shall be used solely for the educational, 
health, or cultural purposes of the Santa Fe Indian School and 
economic development projects that provide funding for such 
purposes.

           *       *       *       *       *       *       *

                                  
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