[House Report 112-510]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-510
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PASCUA YAQUI TRIBE TRUST LAND ACT
_______
May 31, 2012.--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. 4222]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 4222) to provide for the conveyance of certain
land inholdings owned by the United States to the Tucson
Unified School District and to the Pascua Yaqui Tribe of
Arizona, and for other purposes, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pascua Yaqui Tribe Trust Land Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) District.--The term ``District'' means the Tucson Unified
School District, a school district recognized as such under the
laws of the State of Arizona.
(2) Map.--The term ``map'' means the map titled ``Pascua
Yaqui Tribe Trust Land Act'' and dated April 23, 2012.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(4) Tribe.--The term ``Tribe'' means the Pascua Yaqui Tribe
of Arizona, a federally recognized Indian tribe.
SEC. 3. LANDS TO BE HELD IN TRUST.
(a) Parcel A.--Subject to valid existing rights, all right, title,
and interest of the United States in and to the Federal lands of
approximately 10 acres shown on the map as Parcel A are declared held
in trust by the United States for the benefit of the Tribe.
(b) Parcel B.--Immediately upon the Secretary's receipt from the
District of the abandonment of its possessory interest of the lands of
approximately 10 acres shown on the map as Parcel B, subject to valid
existing rights, all right, title, and interest of the United States in
and to the Federal lands shown on the map as Parcel B are declared held
in trust by the United States for the benefit of the Tribe.
SEC. 4. GAMING PROHIBITION.
The Tribe may not conduct gaming activities on the lands held in
trust under this Act, as a matter of claimed inherent authority or
under the authority of any Federal law, including the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.) or under any regulations
thereunder promulgated by the Secretary or the National Indian Gaming
Commission.
PURPOSE OF THE BILL
The purpose of H.R. 4222, as ordered reported, is to
provide for the conveyance of certain land inholdings owned by
the United States to the Tucson Unified School District and to
the Pascua Yaqui Tribe of Arizona.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 4222 provides for the conveyance of one 10-acre parcel
of Bureau of Land Management (BLM) lands to the Pascua Yaqui
Tribe, one parcel of BLM land to the Tucson Unified School
District (TUSD), and two parcels totaling 10 acres from the
TUSD back to the BLM and then to the Tribe. The TUSD received
the two parcels as part of the Recreation and Public Purposes
Act of 1926 (RPPA) but have not used, nor do they intend to
use, the land. The Tribe has an interest in obtaining the
parcels to develop a recreational area. The TUSD identified BLM
lands it would like to develop as a playground adjacent to the
Hohokam School.
During Full Committee markup of H.R. 4222, the Committee
adopted an amendment in the nature of a substitute offered by
Congressman Raul Grijalva (D-AZ) that directs the Secretary of
the Interior to take the two 10-acre parcels into trust for the
Pascua Yaqui Tribe (one only after the school district
relinquishes their Recreation and Public Purposes Act
possessory interest). The amendment also includes a gaming
prohibition on the land to be held in trust.
COMMITTEE ACTION
H.R. 4222 was introduced on March 20, 2012, by Congressman
Raul Grijalva (D-AZ). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on National Parks, Forests and Public Lands. On April 17, 2012,
the Subcommittee held a hearing on the bill. On April 25, 2012,
the Full Natural Resources Committee met to consider the bill.
The Subcommittee on National Parks, Forests and Public Lands
was discharged by unanimous consent. Congressman Grijalva
offered an amendment in the nature of a substitute to the bill;
the amendment was approved by unanimous consent. The bill, as
amended, was then adopted and 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. 4222--Pascua Yaqui Tribe Trust Land Act
H.R. 4222 would require the Secretary of the Interior to
place 20 acres of land into trust for the benefit of the Pascua
Yaqui Tribe of Arizona. Based on information provided by the
Bureau of Land Management (BLM), CBO estimates that
implementing the bill would have no significant impact on the
federal budget. Enacting H.R. 4222 would not affect direct
spending or revenues; therefore, pay-as-you-go procedures do
not apply.
Under the bill, BLM would be required to place 10 acres of
land that is currently administered by the agency into trust
for the benefit of the Pascua Yaqui Tribe. In addition, if the
Tucson Unified School District elects to relinquish its
interest in 10 acres of land that it acquired from the federal
government under the Recreation and Public Purposes Act,
management of those lands would revert back to BLM, and the
Secretary would be required to place them into trust for the
tribe.
Based on information provided by BLM and assuming the
availability of appropriated funds, CBO estimates that any
administrative costs to carry out the bill would be minimal. In
addition, because the affected lands do not generate any
offsetting receipts for the federal government and are not
expected to generate such receipts over the next 10 years, CBO
estimates that implementing the legislation would not affect
direct spending.
H.R. 4222 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
Enacting the bill would benefit the tribe.
The CBO staff contact for this estimate is Jeff LaFave. 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. Based on
information provided by the Bureau of Land Management (BLM),
CBO estimates that implementing the bill would have no
significant impact on the federal budget.
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, as ordered reported, is to provide for
the conveyance of certain land inholdings owned by the United
States to the Tucson Unified School District and to the Pascua
Yaqui Tribe of Arizona.
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
If enacted, this bill would make no changes in existing
law.