[House Report 106-993]
[From the U.S. Government Publishing Office]
106th Congress Rept. 106-993
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
AMENDMENTS TO THE ZUNI LAND CONSERVATION ACT OF 1990
_______
October 19, 2000.--Ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 4725]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 4725) to amend the Zuni Land Conservation Act of 1990 to
provide for the expenditure of Zuni funds by that tribe, having
considered the same, report favorably thereon with amendments
and recommend that the bill as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
TITLE I--EXPENDITURE OF FUNDS BY ZUNI TRIBE
SEC. 101. EXPENDITURE OF FUNDS BY TRIBE AUTHORIZED.
Section 3 of the Zuni Land Conservation Act of 1990 (Public Law 101-
486) is amended--
(1) in subsection (b)(1), by striking ``The Secretary of the
Interior'' and inserting ``The Zuni Indian Tribe''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``, subject to
paragraph (2),'';
(B) by striking paragraph (2);
(C) in paragraph (3), by striking ``Secretary of the
Interior'' and inserting ``Zuni Indian Tribe''; and
(D) by redesignating paragraphs (3), (4), (5), and
(6) as paragraphs (2), (3), (4), and (5), respectively.
TITLE II--ESTABLISHMENT OF NATIVE NATIONS INSTITUTE FOR LEADERSHIP,
MANAGEMENT, AND POLICY
SEC. 201. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The policy of the United States favors the self-
determination of the American Indian tribes.
(2) Consistent with that policy, the American Indian tribes
are increasingly taking control of their own affairs in order
to realize in practice much of the status afforded them in
treaties, court decisions, and legislation.
(3) As a result, these American Indian tribes are
encountering challenges that require enhanced leadership
preparation and greater access to information and methods of
analysis other governments regularly employ in policymaking.
(4) Enabling the American Indian tribes to better meet these
challenges is consistent with Federal policy regarding these
tribes and with the national interest of the United States.
(b) Purpose.--The purpose of this title is to establish an institute
that can assist the present and future leadership of American Indian
tribes and other indigenous peoples, including Alaska Natives and
Native Hawaiians, to better meet challenges of management and policy
analysis while reflecting the needs, circumstances, and concerns of
those tribes and peoples.
SEC. 202. DEFINITIONS.
For purposes of this title:
(1) Center.--The term ``Center'' means the Udall Center for
Studies in Public Policy established at the University of
Arizona in 1987.
(2) Foundation.--The term ``Foundation'' means the Morris K.
Udall Scholarship and Excellence in National Environmental
Policy Foundation.
(3) Native nations institute.--The term ``Native Nations
Institute'' means the Native Nations Institute for Leadership,
Management, and Policy established under section 203.
SEC. 203. NATIVE NATIONS INSTITUTE FOR LEADERSHIP, MANAGEMENT, AND
POLICY.
(a) Establishment.--There is hereby established the Native Nations
Institute for Leadership, Management, and Policy to promote leadership
and management training and policy analysis for Native Americans,
Alaska Natives, and others involved in tribal leadership and
management. The Native Nations Institute shall be located at the
Center.
(b) Grants for Startup Funding.--The Foundation shall award grants to
the Center to provide startup funding for the Native Nations Institute,
conditioned on a 25 percent match from other sources. The Foundation's
Board of Trustees shall approve the annual budget of the Native Nations
Institute.
(c) Application of Authorities.--The authorities set forth in section
7(a) and section 12(a) of the Morris K. Udall Scholarship and
Excellence in National Environmental and Native American Public Policy
Act of 1992 (with the exception of section 12(a)(4) of such Act), shall
apply to activities of the Foundation in connection with the Native
Nations Institute.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Foundation to carry out this section $12,300,000
for the 5-year period after the date of the enactment of this title.
Amend the title so as to read:
A bill to amend the Zuni Land Conservation Act of 1990 to
provide for the expenditure of Zuni funds by that tribe, to
establish the Native Nations Institute for Leadership,
Management, and Policy to provide opportunities for leadership
and management training and policy analysis for Native
Americans, Alaska Natives, and others involved in tribal
leadership and management, and for other purposes.
Purpose of the Bill
The purpose of H.R. 4725, as ordered reported, is to amend
the Zuni Land Conservation Act of 1990 to provide for the
expenditure of Zuni funds by that tribe, to establish the
Native Nations Institute for Leadership, Management, and Policy
to provide opportunities for leadership and management training
and policy analysis for Native Americans, Alaska Natives, and
others involved in tribal leadership and management, and for
other purposes.
Background and Need for Legislation
H.R. 4725 would Amend the Zuni Land Conservation Act of
1990 to provide for the expenditure of Zuni trust funds by the
Pueblo. The 1990 Act established a $25 million resource
development trust fund for the Pueblo as settlement of the
Pueblo's claims against the United States. It also made the
Secretary of the Interior the trustee of the trust fund,
limited the purposes for which the corpus of the trust fund
could be expended, and limited the disbursement of the interest
and investment income of the trust fund to expenditures made
pursuant to a Zuni resource development plan.
When the trust fund was established, it was anticipated by
the Pueblo that it would earn in excess of $1 million per year
in interest. However, interest has only been half of what was
anticipated, making it impossible for the Pueblo to fully
implement the Zuni Resources Development Plan intended to
restore and maintain the land base held by the Pueblo. The
Pueblo is of the opinion that it can effectively administer
these trust funds if it is given control and if an $8 million
dollar limitation, created in the 1990 Act on expenditures from
the corpus of the fund, is eliminated.
H.R. 4725 would make the Zuni Indian Tribe the trustee of
the development trust fund and would remove the aforementioned
limitation on expenditures from the corpus of the fund.
In addition, the bill would establish the Native Nations
Institute for Leadership, Management, and Policy at the Morris
K. Udall Foundation in Arizona. This Institute would promote
leadership and management training for Native Americans, Native
Hawaiians, and Alaska Natives.
Committee Action
H.R. 4725 was introduced on June 22, 2000, by Congressman
Joe Skeen (R-NM). The bill was referred to the Committee on
Resources. On July 26, 2000, the Full Resources Committee met
to mark up the bill. Congressman Mark Udall (D-NM) offered an
amendment which established the Native Nations Institute
described above. The amendment was adopted by voice vote. The
bill as amended was then ordered favorably reported to the
House of Representatives by voice vote.
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 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. However, clause 3(d)(3)(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.
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. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate. 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:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 30, 2000.
Hon. Don Young
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4725, a bill to
amend the Zuni Land Conservation Act of 1990 to provide for the
expenditure of Zuni funds by that tribe, to establish the
Native Nations Institute for Leadership, Management, and Policy
to provide opportunities for leadership and management training
and policy analysis for Native Americans, Alaska Natives, and
others involved in tribal leadership and management, and for
other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Lanette J.
Keith.
Sincerely,
Steven M. Lieberman
(For Dan L. Crippen, Director).
Enclosure.
H.R. 4725--A bill to amend the Zuni Land Conservation Act of 1990 to
provide for the expenditure of Zuni funds by that tribe, to
establish the Native Nations Institute for Leadership,
Management, and Policy to provide opportunities for leadership
and management training and policy analysis for Native
Americans, Alaska Natives, and others involved in tribal
leadership and management, and for other purposes.
Summary: H.R. 4725 would give the Zuni Indian Tribe control
over certain tribal funds and would authorize appropriations
for an institute to provide leadership, management, and policy
training to Native Americans. Assuming the appropriation of the
authorized amounts, CBO estimates that implementing H.R. 4725
would cost $11 million over the 2001-2005 period for grants to
the institute that would be established by the bill. Because
the bill would not affect direct spending or receipts, pay-as-
you-go procedures would not apply.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments. Enactment of the legislation would benefit the
Zuni Tribe by giving it greater control over money in the Zuni
Indian Resource Development Trust Fund.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 4725 is shown in the following table.
The costs of this legislation fall within budget function 500
(education, training, employment, and social services).
------------------------------------------------------------------------
By fiscal year, in millions of dollars
---------------------------------------
2001 2002 2003 2004 2005
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated authorization level... 2 2 2 3 3
Estimated outlays............... 1 2 2 3 3
------------------------------------------------------------------------
Basis of estimate: This estimate assumes that the bill will
be enacted near the beginning of fiscal year 2001 and that the
authorized amount will be appropriated over the next five
years.
H.R. 4725 would establish the Native Nations Institute to
provide leadership and management training to Indians and
Indian tribes. The bill would authorize the appropriation of
$12 million over a five-year period to the Morris K. Udall
Scholarship and Excellence in National Environmental Policy
foundation to make grants to the institute. Based on
information from the foundation, CBO estimates that $2 million
to $3 million would be provided each year over the 2001-2005
period.
The bill also would designate the Zuni tribe as the trustee
for the Zuni Indian Resource Development Trust Fund and would
allow the tribe to spend the balance of the fund. The federal
budget excludes trust funds that are held and managed in a
fiduciary capacity by the federal government on behalf of
Indian tribes. Based on information from the Bureau of Indian
Affairs and the Office of Management and Budget, CBO expects
that the Zuni Indian Resource Development Trust Fund will be
reclassified as a nonbudgetary account before the end of fiscal
year 2000. Therefore, any additional withdrawal of money from
the trust fund by the tribe as a result of enacting this bill
would not be recorded as an outlay and would have no impact on
the federal budget.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: H.R. 4725
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. Enactment of the legislation would benefit
the Zuni tribe by giving it greater control over money in the
Zuni Indian Land Resources Development Trust Fund.
Estimate prepared by: Federal Costs: Lanette I. Keith and
Deborah A. Kalcevic. Impact on State, Local, and Tribal
Governments: Marjorie Miller. Impact on the Private Sector:
Lauren Marks.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
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 3 OF THE ZUNI LAND CONSERVATION ACT OF 1990
trust fund
Sec. 3. (a) * * *
(b)(1) [The Secretary of the Interior] The Zuni Indian Tribe
shall be the trustee of the Trust Fund and shall invest the
funds in the Trust Fund with a financial institution.
(2) The Secretary of the Interior shall not deduct any amount
from the Trust Fund for administrative expenses or charge the
Zuni Indian Tribe for expenses incurred by the Secretary in
acting as trustee.
(c)(1) The funds appropriated to the Trust Fund under the
authority of section 4 shall constitute the corpus of the Trust
Fund and may be expended[, subject to paragraph (2),] only for
the following purposes:
(A) * * *
* * * * * * *
[(2) The total amount of the corpus of the Trust Fund that
may be expended under paragraph (1) shall not exceed
$8,000,000.]
[(3)] (2) The interest and investment income that accrues on
the corpus of the Trust Fund may be expended by the [Secretary
of the Interior] Zuni Indian Tribe pursuant to the Zuni
resource development plan described in section 2.
[(4)] (3) No funds appropriated under the authority of this
Act may be used to make per capita payments to members of the
Zuni Indian Tribe.
[(5)] (4) All sums paid pursuant to this Act shall be offset
against any judgment entered in favor of the Zuni Indian Tribe
in docket numbers 327-81L and 224-84L, but not against any
judgment entered in docket number 161-79L, of the United States
Claims Court.
[(6)] (5) Nothing in this Act shall be construed to affect in
any way the trust status of Zuni Indian Reservation land or
resources.