99–006 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 112–222 

AMENDING THE YSLETA DEL SUR PUEBLO AND ALABAMA AND 

COUSHATTA INDIAN TRIBES OF TEXAS RESTORATION ACT TO ALLOW 

THE YSLETA DEL SUR PUEBLO TRIBE TO DETERMINE BLOOD QUANTUM 

REQUIREMENT FOR MEMBERSHIP IN THAT TRIBE 

SEPTEMBER 23, 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. 1560] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 1560) to amend the Ysleta del Sur Pueblo and Alabama 

and Coushatta Indian Tribes of Texas Restoration Act to allow the 

Ysleta del Sur Pueblo Tribe to determine blood quantum requirement for membership in that tribe, 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. 1560 is to amend the Ysleta del Sur Pueblo 

and Alabama and Coushatta Indian Tribes of Texas Restoration 

Act to allow the Ysleta del Sur Pueblo Tribe to determine blood 

quantum requirement for membership in that tribe. 

BACKGROUND AND NEED FOR LEGISLATION

The Ysleta del Sur Pueblo was originally based in New Mexico 

and then relocated after the 1680 Pueblo Revolt to its present location in El Paso County, Texas. According to the Department of the 

Interior, there are 1,691 members currently enrolled to the Tribe. 

In 1967, Congress enacted Public Law 90–287, terminating the 

federal trust relationship with the Tribe and placing the Tribe 

under the jurisdiction of the State of Texas. In 1987, the federal 

trust relationship was restored by Public Law 100–89, the ‘‘Ysleta 

del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas 

Restoration Act.’’ 


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Under the Restoration Act (codified at 25 U.S.C. § 1300G– 

7(a)(2)(i)), every member of the Tribe must be: an individual listed 

on a Tribal Membership Roll approved by the Tribe in 1984 and 

the Texas Indian Commission in 1985; or a descendant of an individual listed on such Tribal Membership Roll if the descendant has 

1⁄8-degree or more Ysleta del Sur Indian blood. 

In recent years the Tribe has passed resolutions in favor of legislation to eliminate the 1⁄8-degree minimum blood quantum. This is 

consistent with the modern Congressional policy of allowing recognized tribes to set their own membership criteria even though such 

criteria permit tribes, at their option, to enroll members possessing 

very small degrees of Indian ancestry. Some tribes require each 

member to trace at least one ancestor to a base roll of Indians, 

while others require a minimum of 1⁄8- to 1⁄4-degree Indian blood. 

On June 22, 2011, the Subcommittee on Indian and Alaska Native Affairs held a hearing on H.R. 1560. Testimony was received 

from the Hon. Silvestre Reyes, the Department of the Interior, and 

the Lieutenant Governor of the Pueblo. All witnesses testified in 

support of H.R. 1560. The Interior witness stated: ‘‘Indian Affairs 

cannot find any other instances where a Tribe’s membership is 

bound by a blood quantum requirement under Federal statute.’’ 

H.R. 1560 eliminates the 1⁄8-degree blood quantum requirement 

for the Tribe under its Restoration Act, and replaces it with a requirement that a member possess any degree of Indian blood as determined by the Tribe. 

COMMITTEE ACTION

H.R. 1560 was introduced on April 14, 2011, by Congressman 

Silvestre Reyes (D–TX). The bill was referred to the Committee on 

Natural Resources, and within the Committee to the Subcommittee 

on Indian and Alaska Native Affairs. On June 22, 2011, the Subcommittee on Water and Power held a hearing on the bill. On July 

20, 2011, the Full Resources Committee met to consider the bill. 

The Subcommittee on Indian and Alaska Native Affairs was discharged by unanimous consent. 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 

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 


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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. 1560—A bill to amend the Ysleta del Sur Pueblo and Alabama 

and Coushatta Indian Tribes of Texas Restoration Act to allow 

the Ysleta del Sur Pueblo Tribe to determine blood quantum requirement for membership in that tribe 

H.R. 1560 would amend the Ysleta del Sur Pueblo and Alabama 

and Coushatta Indian Tribes of Texas Restoration Act to eliminate 

the requirement that individuals have a blood quantum level of at 

least one-eighth to qualify for tribal membership. This legislation 

would allow the Ysleta del Sur Pueblo tribe to establish its own 

blood quantum requirement for determining membership. 

Based on information from the Department of the Interior, the 

Indian Health Service, and members of the Ysleta del Sur Pueblo 

tribe, CBO estimates that implementing H.R. 1560 would have no 

significant impact on the federal budget. Federal agencies currently 

provide services to all of the Ysleta del Sur Pueblo Indians who 

would become tribal members under H.R. 1560 because those agencies do not restrict services based on tribal membership established 

under the Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act. Enacting the legislation 

would not affect direct spending or revenues; therefore, pay-as-yougo procedures do not apply. 

H.R. 1560 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. Enacting this 

legislation would benefit the Ysleta del Sur Pueblo tribe. 

The CBO staff contacts for this estimate are Martin von 

Gnechten (for Bureau of Indian Affairs programs) and Robert Stewart (for Indian Health Service programs). This estimate was approved by Peter H. Fontaine, 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. Based on information from the Department of the 

Interior, the Indian Health Service, and members of the Ysleta del 

Sur Pueblo tribe, CBO estimates that implementing H.R. 1560 

would have no significant impact on the federal budget. 

3. General Performance Goals and Objectives. This bill does not 

authorize funding and therefore, clause 3(c)(4) of rule XIII of the 

Rules of the House of Representatives does not apply. 

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. 


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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): 

SECTION 108 OF THE YSLETA DEL SUR PUEBLO AND 

ALABAMA AND COUSHATTA INDIAN TRIBES OF TEXAS 

RESTORATION ACT 

SEC. 108. TRIBAL MEMBERSHIP. 

(a) IN GENERAL.—The membership of the tribe shall consist of— 

(1) * * * 

ø(2) a descendant of an individual listed on that Roll if the 

descendant— 

ø(i) has 1⁄8 degree or more of Tigua-Ysleta del Sur Pueblo Indian blood, and 

ø(ii) is enrolled by the tribe.¿ 

(2) any person of Tigua Ysleta del Sur Pueblo Indian blood 

enrolled by the tribe. 

* * * * * * * 

Æ 


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