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[Senate Report 114-431]
[From the U.S. Government Publishing Office]

                                                      Calendar No. 727
114th Congress      }                                   {       Report
                                 SENATE
 2d Session         }                                   {      114-431

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A BILL TO PROVIDE THAT THE PUEBLO OF SANTA CLARA MAY LEASE FOR 99 YEARS 
            CERTAIN RESTRICTED LAND, AND FOR OTHER PURPOSES

                                _______
                                

               December 20, 2016.--Ordered to be printed

   Filed, under authority of the order of the Senate of December 10, 
                  (legislative day, December 9), 2016

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 2916]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 2916) to provide that the pueblo of Santa Clara may 
lease for 99 years certain restricted land, and for other 
purposes, having considered the same, reports favorably thereon 
without amendment and recommends that the bill do pass.

                                Purpose

    The purpose of the bill, S. 2916, 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. 2916, 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 and the Pueblo of Ohkay Owingeh 
have unique histories relative to the status of their lands.\1\ 
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.\2\ Currently, 
the Pueblo of the Santa Clara reservation is comprised of land 
granted from the Spanish by land grant,\3\ and reservation land 
established in 1905 by Executive Order.\4\ The land grant was 
confirmed by Congress on December 22, 1858\5\ and patented on 
November 15, 1909.\6\
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    \1\The Pueblos of Santa Clara and Ohkay Owingeh had ancestral lands 
located in what is now the State of New Mexico. After the countries of 
Spain and Mexico laid claim to lands in the area, community land grants 
were issued to the Pueblos. The history of the grants and Pueblo land 
status vis-a-vis the Federal trust responsibility is discussed in 
greater detail in other Federal agency documents as well as Federal 
statutes and court cases. See e.g., 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, at 23; U.S. Gov't Accountability Office, GAO-01-951, 
Treaty of Guadalupe Hidalgo Definition and List of Community Land 
Grants in New Mexico 7 (2001); 583 Stat. 851-854 (1891); 25 U.S.C. 
Sec. 177, 43 Stat. 636, June 7, 1924; S. Rep. No. 492, 68th Cong., 1st 
Sess., at 5 (1024); United States v. Sandoval. 231 U.S. 28 (1913).
    \2\Department of the Interior. Bureau of Indian Affairs. What We 
Do. http://www.bia.gov/WhoWeAre/RegionalOffices/Southwest/What/
index.htm. (Last reviewed on August 23, 2016).
    \3\See U.S. Gov't Accountability Office, GAO-01-951, Treaty of 
Guadalupe Hidalgo Definition and List of Community Land Grants in New 
Mexico 3 (2001).
    \4\Exec. Order No. XXVI (1905).
    \5\11 Stat. 374 (1958).
    \6\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.\7\ 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.\8\ 
Since that time, additional Ohkay Owingeh lands have been 
acquired.
---------------------------------------------------------------------------
    \7\Department of the Interior. Bureau of Indian Affairs. What We 
Do. http://www.bia.gov/WhoWeAre/RegionalOffices/Southwest/What/
index.htm. (Last reviewed on August 23, 2016).
    \8\U.S. v. Sandoval, 167 U.S. 278 (1897).
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    On August 9, 1955, the Long Term Leasing Act\9\ 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\10\ and for the Pueblo 
of Ohkay Owingeh in 2011.\11\ 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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    \9\Act of August 9, 1955 (codified at 25 U.S.C. 415).
    \10\Act of October 24, 1992, Pub. L. No. 102-497, 106 Stat. 3256.
    \11\Act of January 4, 2011, Pub. L. No. 111-381, 124 Stat. 4133.
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                          Legislative History

    The bill, S. 2916, was introduced May 11, 2016, by Senator 
Udall and co-sponsored by Senator Heinrich. The Committee held 
a legislative hearing on the bill on May 18, 2016, at which the 
Director of the Bureau of Indian Affairs testified in support 
of S. 2916.
    On June 8, 2016, 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.
    The companion bill, H.R. 4255, was introduced on December 
15, 2015, by Representative Ben Ray Lujan and was co-sponsored 
by Representative Michelle Lujan. It was referred to the 
Subcommittee on Indian, Insular, and Alaska Native Affairs of 
the Committee on Natural Resources of the House of 
Representatives. There has been no further action taken on the 
bill. The bills differ in one significant respect. The Senate 
bill, S. 2919, allows leases up to 99 years on tribal trust and 
restricted fee land for both the Pueblos of Santa Clara and 
Ohkay Owingeh, whereas H.R. 4255 would only allow leases up to 
99 years on tribal trust and restricted fee land for only the 
Santa Clara Pueblo.

        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

                                                    August 8, 2016.
Hon. John Barrasso,
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. 2916, 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. 2916--A bill to provide that the pueblo of Santa Clara may lease for 
        99 years certain restricted land, and for other purposes

    S. 2916 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 25-year 
terms.
    CBO estimates that implementing S. 2916 would have no 
significant impact on the federal budget. Any additional 
proceeds from such leases would accrue to the owners of the 
land and would have no effect on the federal budget. Enacting 
S. 2916 would not affect direct spending or revenues; 
therefore, pay-as-you-go procedures would not apply.
    CBO estimates that enacting S. 2916 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    S. 2916 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 them 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 Theresa Gullo, 
Assistant Director for Budget Analysis.

                        Executive Communications

    The Committee has received no communications from the 
Executive Branch regarding S. 2916.

               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. 2916 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. 2916, 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]
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