CHANGES IN EXISTING LAW In compliance with clause 3 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): ACT OF AUGUST 9, 1955 (69 STAT. 539), AS AMENDED (25 U.S.C. 415) SEC. 1. Any restricted Indian lands, whether tribally or individually owned, may be leased by the Indian owners, with the approval of the Secretary of the Interior, for public, religious, educational, recreational, residential, or business purposes, including the development or utilization of natural resources in connection with operations under such leases, for grazing purposes, and for those farming purposes which require the making of a substantial investment in the improvement of the land for the production of specialized crops as determined by said Secretary. All leases so granted shall be for a term of not to exceed twenty-five years, except leases of land on the Agua Caliente (Palm Springs) Reservation, the Dania Reservation, the Southern Ute Reservation, the Fort Mojave Reservation, the pueblo of Cochiti, the pueblo of Pojoaque, the pueblo of Tesuque, the pueblo of Zuni, the San Carlos Apache Reservation, the Hualapai Reservation, the Pyramid Lake Reservation, the Gila River Reservation, and the Navajo Reservation which may be for a term of not to exceed ninetynine years, and except leases of land for grazing purposes which may be for a term of not to exceed ten years. Leases for public, religious, educational, recreational, residential, or business purposes (except leases the initial term of which extends for more than seventy-four years) with the consent of both parties may include provisions authorizing their renewal for one additional term of not to exceed twentyfive years, and all leases and renewals shall be made under such terms and regulations as may be prescribed by the Secretary of the Interior. О 90TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session { REPORT No. 1874 AMENDING THE ACT OF AUGUST 9, 1955, AUTHORIZING LONGER TERM LEASES OF INDIAN LANDS ON THE PUEBLOS OF COCHITI, POJO AQUE, TESUQUE, AND ZUNI, IN NEW MEXICO SEPTEMBER 10, 1968.—Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. HALEY, from the Committee on Interior and Insular Affairs, submitted the following REPORT [To accompany H.R. 17684] The Committee on Interior and Insular Affairs, to whom was referred the bill (H.R. 17684) to amend the act of August 9, 1955, to authorize longer term leases of Indian lands on the pueblos of Cochiti, Pojoaque, Tesuque, and Zuni, in New Mexico, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. PURPOSE The purpose of H. R. 17684, introduced by Mr. Morris, is to authorize four New Mexico Pueblos, and their members, to lease their trust lands for longer periods than is now permitted. NEED The act of August 9, 1955, authorizes Indian trust lands to be leased for most purposes for periods that do not exceed 25 years, with an option to renew for not more than 25 years. Grazing leases are limited to 10 years, with no option to renew, and farming leases that involved the making of substantial improvements to the land are limited to 25 years with no option to renew. This general law had been amended to give 99 year lease authority, including any renewal options, to nine tribes, and separate legislation has been enacted giving similar authority to three tribes. This bill will add four Pueblos to the nine tribes that have 99-year lease authority under the general law. The Cochiti Pueblo, comprising 28,136 acres of tribally owned land, is located in north central New Mexico approximately 23 miles from Santa Fe and a similar distance from Bernalillo, and about 40 miles from Albuquerque. The Rio Grande River crosses the reservation and Interstate Highway No. 85 runs nearby going northeast to Santa Fe, and southwest to Bernalillo and Albuquerque. Almost 400 Indians call this Pueblo home. Numerous visitors are attracted to the area to see historic ruins of the Pueblo. This Pueblo is conveniently located with respect to rail service, as well as bus service and truck lines. Tran-Texas and Frontier Airlines give passenger and freight service through facilities at Santa Fe. When the Cochiti Dam across the Rio Grande River is completed in about 1973, it is anticipated that many more visitors will be attracted to the area. A large permanent lake will be formed as the waters back up from the dam for some 20 miles. The Cochiti are committed to a comprehensive undertaking since the lake will be almost entirely on the pueblo grant and the Indians will have exclusive rights to recreation and development around the lake. Three development proposals received by the pueblo call for the lease of 14,000 acres for residential, commercial, and recreational purposes. Two companies insist on a 99-year lease period while the third has suggested a lease term of not less than 75 years. In order to develop the lands fully, authority is needed to lease the property for more than 50 years in order that developers may obtain financing for development. The Zuni Reservation comprises 406,267 acres of picturesque land. All of this land is held by the United States in trust for the pueblo except 1,933 acres which are held in trust for individual Indians. Over 5,000 Indians live on the reservation. The labor force totals 1,765, and 1,381 are unemployed. The reservation is located 44 miles from Gallup, 80 miles from Grants, and 55 miles from Albuquerque. The Nutria and Poscado Creeks intersect near Black Rock to form the Zuni River, a tributary of the Little Colorado River. There are numerous lakes on the reservation. State Highway No. 32 traverses from east to west. Although the closest railroad is the main line of the Atchison, Topeka & Santa Fe which passes through Gallup, the Navajo Freight Lines provide interstate and intrastate trucking service. Anzac Transportation Corp., a local Gallup firm, provides short-distance hauling service. The Pojoaque Pueblo lies some 20 miles to the north of Sante Fe and is located in Sante Fe County. It comprises an area of approximately 11,600 acres of land which is held by the Federal Government in trust for the pueblo. There is an Indian population of 41. One industrial plant is presently operating on the pueblo. The labor force consists of nine individuals with one unemployed. The Tesuque Pueblo lies between Sante Fe and Pojoaque and is also located in Santa Fe County. Some 17,000 acres of land are held by the U.S. Government in trust for this pueblo. The population consists of 142 Indians. Tesuque has a labor force of 60 individuals with 31 unemployed. Both the Pojoaque and the Tesuque Pueblos have a high elevation. of 7,000 feet or over. This, combined with the semiarid climate, produces a high percentage of days with sunshine during the year. Maximum winter temperature averages about 50 degrees and during the summer months the temperature seldom goes above 90 degrees except in July. Interstate Highway 64, 84, and 285 crosses both Pueblos going north to Espanola. Santa Fe offers bus service and trucklines for both short- and log-haul service facilities, and of course the Atchison, Topeka, and Santa Fe Railroad is the principal rail line in the area. The Zuni, Pojoaque, and Tesuque Pueblos have to date been able to consummate development proposals within existing authority. The question of longer term leases, however, has been raised. This authority is granted now in order that attractive longer term lease proposals may be accepted when in the best interests of the Indians. All four pueblos have adopted resolutions requesting long-term lease authority. COST Enactment of the bill will involve no Federal cost. COMMITTEE RECOMMENDATION The Committee on Interior and Insular Affairs recommends that the bill H.R. 17684 be enacted. DEPARTMENTAL REPORT The favorable report of the Department of the Interior is as follows U.S. DEPARTMENT OF THE INTERIOR, Hon. WAYNE N. ASPINALL, Chairman, Committee on Interior and Insular Affairs, Washington, D.C. DEAR MR. CHAIRMAN: Your committee has requested a report on H.R. 17684, a bill to amend the act of August 9, 1955, to authorize longer term leases of Indian lands on the pueblos of Cochiti, Pojoaque, Tesuque, and Zuni, in New Mexico. We recommend that the bill be enacted. The act of August 9, 1955, as amended (25 U.S.C. 415), authorizes leases of Indian lands to be made for public, religious, educational, recreational, residential, or business purposes for terms not to exceed 25 years, with an option to renew for one additional term of not to exceed 25 years. Grazing leases are limited to 10-year terms with no option to renew, and farming leases that involve the making of substantial improvements to the land are limited to 25-year terms with no option to renew. The act also permits leases for public religious, educational, recreational, residential, or business purposes, and for farming purposes which require the making of a substantial investment in the improvement of the land for the growing of specialized crops for not to exceed 99 years. This latter provision applies to a number of specific reservations. The 99-year maximum lease authority for those reservations was granted because of the need for longer term leases as the basis for financing substantial developments on the land. Without a long term |