79–010

Calendar No. 912

106TH CONGRESS REPORT

2d Session " ! SENATE 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

REPORT

[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Tribe’s request, has been superseded by Congress.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
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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:
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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.
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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 ø¿ 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 ø1⁄8¿ 1⁄16 degree or more of Tigua-Ysleta del Sur

Pueblo Indian blood, and

(ii) is enrolled by the tribe.

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