[House Report 114-550]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-550
======================================================================
PASCUA YAQUI TRIBE LAND CONVEYANCE ACT
_______
May 10, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany H.R. 2009]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2009) 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, 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 Land Conveyance
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 No. 1, 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 Land Conveyance Act'', dated March 14, 2016, and on
file and available for public inspection in the local office of
the Bureau of Land Management.
(3) Recreation and public purposes act.--The term
``Recreation and Public Purposes Act'' means the Act of June
14, 1926 (43 U.S.C. 869 et seq.).
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(5) Tribe.--The term ``Tribe'' means the Pascua Yaqui Tribe
of Arizona, a federally recognized Indian tribe.
SEC. 3. LAND TO BE HELD IN TRUST.
(a) Parcel A.--Subject to subsection (b) and to valid existing
rights, all right, title, and interest of the United States in and to
the approximately 39.65 acres of Federal lands generally depicted on
the map as ``Parcel A'' are declared to be held in trust by the United
States for the benefit of the Tribe.
(b) Effective Date.--Subsection (a) shall take effect on the day
after the date on which the District relinquishes all right, title, and
interest of the District in and to the approximately 39.65 acres of
land described in subsection (a).
SEC. 4. LANDS TO BE CONVEYED TO THE DISTRICT.
(a) Parcel B.--
(1) In general.--Subject to valid existing rights and payment
to the United States of the fair market value, the United
States shall convey to the District all right, title, and
interest of the United States in and to the approximately 13.24
acres of Federal lands generally depicted on the map as
``Parcel B''.
(2) Determination of fair market value.--The fair market
value of the property to be conveyed under paragraph (1) shall
be determined by the Secretary in accordance with the Uniform
Appraisal Standards for Federal Land Acquisitions and the
Uniform Standards of Professional Appraisal Practice.
(3) Costs of conveyance.--As a condition of the conveyance
under this subsection, all costs associated with the conveyance
shall be paid by the District.
(b) Parcel C.--
(1) In general.--If, not later than one year after the
completion of the appraisal required by paragraph (3), the
District submits to the Secretary an offer to acquire the
Federal reversionary interest in all of the approximately 27.5
acres of land conveyed to the Association under Recreation and
Public Purposes Act and generally depicted on the map as
``Parcel C'', the Secretary shall convey to the District such
reversionary interest in the lands covered by the offer. The
Secretary shall complete the conveyance not later than 30 days
after the date of the offer.
(2) Survey.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall complete a survey of
the lands described in this subsection to determine the precise
boundaries and acreage of the lands subject to the Federal
reversionary interest.
(3) Appraisal.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall complete an
appraisal of the Federal reversionary interest in the lands
identified by the survey required by paragraph (2). The
appraisal shall be completed in accordance with the Uniform
Appraisal Standards for Federal Land Acquisitions and the
Uniform Standards of Professional Appraisal Practice.
(4) Consideration.--As consideration for the conveyance of
the Federal reversionary interest under this subsection, the
District shall pay to the Secretary an amount equal to the
appraised value of the Federal interest, as determined under
paragraph (3). The consideration shall be paid not later than
30 days after the date of the conveyance.
(5) Costs of conveyance.--As a condition of the conveyance
under this subsection, all costs associated with the
conveyance, including the cost of the survey required by
paragraph (2) and the appraisal required by paragraph (3),
shall be paid by the District.
SEC. 5. GAMING PROHIBITION.
The Tribe may not conduct gaming activities on lands taken into trust
pursuant to this Act, either as a matter of claimed inherent authority,
under the authority of any Federal law, including the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.), or under regulations
promulgated by the Secretary or the National Indian Gaming Commission.
SEC. 6. WATER RIGHTS.
(a) In General.--There shall be no Federal reserved right to surface
water or groundwater for any land taken into trust by the United States
for the benefit of the Tribe under this Act.
(b) State Water Rights.--The Tribe retains any right or claim to
water under State law for any land taken into trust by the United
States for the benefit of the Tribe under this Act.
(c) Forfeiture or Abandonment.--Any water rights that are appurtenant
to land taken into trust by the United States for the benefit of the
Tribe under this Act may not be forfeited or abandoned.
(d) Administration.--Nothing in this Act affects or modifies any
right of the Tribe or any obligation of the United States under Public
Law 95-375 (25 U.S.C. 1300f et seq.).
PURPOSE OF THE BILL
The purpose of H.R. 2009 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
The Pascua Yaqui Reservation is located in southern
Arizona, 15 miles southwest of Tucson. In 1964, Congressman
Morris K. Udall (D-AZ) introduced a bill to transfer 202 acres
of desert land southwest of Tucson to the Yaquis (Private Law
88-350, 78 Stat. 1196). The bill was later signed into law and
the deed to the land was transferred to the recently formed
Pascua Yaqui Association, a nonprofit Arizona corporation.
The Reservation was formally established in 1978 as
President Carter signed into law a bill which set forth that
the members of Pascua Yaqui Association were federally
recognized as the Pascua Yaqui Tribe (Public Law 95-375). In
1982, with the enactment of H.R. 4364, the Reservation was
expanded by 690 acres with the intent of improving the socio-
economic environment of tribal members (Public Law 97-386; S.
Rpt. 97-657). In the 113th Congress, H.R. 507 was enacted which
placed two 10-acre parcels into trust for the Tribe (Public Law
113-134, the Pascua Yaqui Tribe Trust Act).
The Tribe is interested in acquiring 40 acres of Tucson
Unified School District No. 1 land for flood control
development. H.R. 2009 is needed because lands were patented to
the District in 1981 pursuant the Recreation and Public
Purposes Act of 1926 (RPPA, 43 U.S.C. 869 et seq.) and were
only intended for a school site. A change in land use patented
under the RPPA requires an Act of Congress.
SECTION-BY-SECTION ANALYSIS (AS ORDERED REPORTED)
Section 1. Short Title. Section 1 sets forth that the Act
is to be cited as the Pascua Yaqui Tribe Land Conveyance Act.
Section 2. Definitions. Section 2 sets forth definitions
under the Act.
Section 3. Land to be Held in Trust. Section 3 directs the
Secretary of the Interior to take into trust, the day after the
date on which the District relinquishes title, 39.65 acres of
District land for the Tribe.
Section 4. Lands to be Conveyed to the District. Section 4
provides that the Secretary will transfer, subject to payment
of fair market value by the District, 13.24 acres of federal
land to the District. Furthermore, section 4 provides that if
the District submits an offer to acquire the Federal
reversionary interest of the 27.5 acres of land conveyed to the
District under RPPA and pays fair market value, the United
States shall convey to the District such reversionary interest.
All conveyance costs will be paid for by the District. Fair
market value determination under section 4 shall be done in
accordance with Uniform Appraisal Standards for Federal Land
Acquisitions.
Section 5. Gaming Prohibition. Section 5 makes clear that
the Tribe may not conduct gaming on the lands taken into trust
under section 3.
Section 6. Water Rights. Section 6 states that any water
rights that are appurtenant to land taken into trust under the
bill for the Tribe may not be forfeited or abandoned.
COMMITTEE ACTION
H.R. 2009 was introduced on April 23, 2015, by Congressman
Raul M. Grijalva (D-AZ). The bill was referred to the Committee
on Natural Resources, and within the Committee to the
Subcommittee on Indian, Insular and Alaska Native Affairs and
the Subcommittee on Federal Lands. On November 4, 2015, the
Subcommittee on Indian, Insular and Alaska Native Affairs held
a hearing on the bill. On March 15, 2016, the Natural Resources
Committee met to consider the bill. The Subcommittees were
discharged by unanimous consent. Congressman Raul M. Grijalva
offered an amendment designated 094; it was adopted by
unanimous consent. No further amendments were offered, and the
bill, as amended, was ordered favorably reported to the House
of Representatives by unanimous consent on March 16, 2016.
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:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 9, 2016.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2009, the Pascua
Yaqui Tribe Land Conveyance Act of 2015.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Keith Hall.
Enclosure.
H.R. 2009--Pascua Yaqui Tribe Land Conveyance Act of 2015
H.R. 2009 would authorize exchanges of land and related
interests among the Pascua Yaqui Indian Tribe in Pima County,
Arizona, the Tucson Unified School District, and the federal
government. The proposed transactions involve three parcels of
land and would be contingent on the school district
relinquishing its interest in nearly 40 acres of land, which
the Department of the Interior (DOI) would take into trust on
behalf of the tribe. In exchange, DOT would convey to the
school district roughly 13 acres of other land and, if
requested by the district, the federal government's
reversionary interest in nearly 28 acres of additional land,
provided that the school district pays DOI the fair market
value of such lands and interests.
CBO estimates that enacting H.R. 2009 would have no
significant effect on the federal budget. Based on information
from DOI, CBO estimates that any administrative costs incurred
under the bill (which would be subject to appropriation), would
not exceed $500,000 in any year. According to DOI, the affected
lands currently generate no significant receipts and are not
expected to do so over the next 10 years. Based on information
from the Pima County Assessor's Office about the estimated
market value of lands and interests that would be conveyed to
the school district under the bill, CBO estimates that any
proceeds to the federal government would total less than
$500,000. Any such amounts would be recorded as offsetting
receipts (a credit against direct spending); therefore, pay-as-
you-go procedures apply. Enacting H.R. 2009 would not affect
revenues.
CBO estimates that enacting H.R. 2009 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
H.R. 2009 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Megan Carroll.
The estimate was approved by H. Samuel Papenfuss, 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. The Congressional
Budget Office estimates that implementing this bill ``would
have no significant effect 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 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.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
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.
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