[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.
* * * * * * *