[DOCID: f:hr272.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-272
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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
_______
July 30, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 1696]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 1696) 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. 1696 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
Established in 1681, Ysleta del Sur Pueblo is the oldest
community in Texas and the only pueblo still in existence in
the state. The Ysleta del Sur Pueblo is located in El Paso,
Texas and has approximately 1,300 tribal members. The Tribe was
recognized by the State of Texas in 1968 and in 1987, the Tribe
received federal recognition through the ``Ysleta del Sur
Pueblo and Alabama and Coushatta Indian Tribes of Texas
Restoration Act.'' The 1987 Act requires that tribal members
meet a \1/8\th blood quantum requirement for membership into
the Tribe. As a result, the Tribe is faced with the prospect of
a declining membership as most tribal members are elderly and
there is little intermarriage due to close familial relations.
If the current blood quantum requirements remain in effect,
tribal membership will decline significantly within three
generations. In 2000, 27 individuals were removed from the
Tribe's rolls because their blood quantum was determined to be
below the requisite minimum mandated by law. Upon enactment of
this measure, these individuals and others would be eligible to
petition for enrollment. It is estimated that passage of this
legislation would allow for an additional 857 members to be
enrolled in the Tribe.
YSLETA DEL SUR PUEBLO AND ALABAMA AND COUSHATTA INDIAN TRIBES OF TEXAS
RESTORATION ACT OF 1987 (25 U.S.C. Sec. 1300G-7)
In 1968, the United States acknowledged the Tribe as
Indians but precluded the Tribe from accessing federal services
and benefits. Hence, the Tribe's relationship with the federal
government was effectively terminated upon enactment of the
Tiwa Indians Act of 1968 (82 Stat. 93). In 1987, the Tiwa
Indians Act of 1968 was repealed by the Ysleta del Sur Pueblo
and Alabama Coushatta Indian Tribes of Texas Restoration Act,
which restored the federal trust relationship and extended all
federal services and benefits to the Tribe. But in doing so,
the United States required that individuals have a blood
quantum of at least one-eighth to qualify for tribal
membership.
BLOOD QUANTUM OVERVIEW
Before the imposition of blood quantum criteria, Indian
nations had customary ways of determining who was and who was
not a member of their tribe. It was often based on customs,
traditions, language and tribal blood. This preserved the
unique character and traditions of each tribe. Tribal authority
to determine their membership criteria has been affirmed by the
Supreme Court in Santa Clara Pueblo v. Martinez, 436 U.S. 49
(1978). But because Congress has plenary authority over Indian
tribes, Congress can supersede a tribe's decision. This
occurred with the enactment of the Ysleta del Sur Pueblo and
Alabama and Coushatta Indian Tribes of Texas Restoration Act of
1987, thereby limiting the United States' trust responsibility
to the Tribe.
LEGISLATIVE HISTORY
Similar bills were introduced from the 105th to the 109th
Congress, but those bills lowered the minimum blood quantum
requirement from \1/8\ to \1/16\ whereas this bill deletes any
blood quantum requirement. During the 105th Congress,
Representative Reyes introduced H.R. 2419, which was referred
to the House Committee on Resources, but no action was taken.
During the 106th Congress, Representative Reyes introduced H.R.
1460, which was referred to the Committee on Resources. On July
26, 2000, the Committee on Resources unanimously reported H.R.
1460 (H. Rept. 106-830) to the House of Representatives without
amendment. On September 7, 2000, the bill passed the House
under suspension of the rules. On September 13, 2000, the bill
was received in the Senate and referred to the Committee on
Indian Affairs. On September 27, 2000, the bill was favorably
reported to the Senate without amendment but the bill died when
the 106th Congress adjourned. In the 107th, 108th, and 109th
Congresses, Representative Reyes introduced H.R. 1197, H.R.
2495, and H.R. 861, respectively. Each of these bills was
referred to the House Committee on Resources but no major
actions were taken.
Committee Action
H.R. 1696 was introduced on March 26, 2007 by
Representative Reyes (D-TX). The bill was referred to the
Committee on Natural Resources. The full Committee on Natural
Resources held a hearing on H.R. 1696 on July 11, 2007, at
which the Department of the Interior testified in support of
the measure. On July 18, 2007, the full Committee met to mark
up the bill. No amendments were offered and the bill was then
ordered favorably reported to the House of Representatives by
unanimous consent.
Section-by-Section Analysis
Section 1. Blood quantum requirement determined by tribe
Section 1 amends the Ysleta del Sur Pueblo and Alabama and
Coushatta Indian Tribes of Texas Restoration Act (25 U.S.C.
1300g-7(2)) by deleting the \1/8\ blood requirement. This
authorizes the Ysleta del Sur Pueblo to determine the blood
quantum requirement for membership in the Tribe.
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.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) 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. This bill authorizes no
funding, nor does it affect direct spending or revenues. It is
therefore anticipated that enacting H.R. 1696 would have no
significant impact on the federal budget.
2. 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. 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.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Earmark Statement
H.R. 1696 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
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) * * *
(2) a descendant of an individual listed on that Roll
[if the descendant--
[(i) has \1/8\ degree or more of Tigua-Ysleta
del Sur Pueblo Indian blood, and
[(ii) is enrolled by the tribe.] if the
descendant is enrolled by the tribe.
* * * * * * *
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