[House Report 117-166]
[From the U.S. Government Publishing Office]


117th Congress    }                                   {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                   {      117-166

======================================================================



 
               OLD PASCUA COMMUNITY LAND ACQUISITION ACT

                                _______
                                

November 1, 2021.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4881]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 4881) to direct the Secretary of the Interior to 
take into trust for the Pascua Yaqui Tribe of Arizona certain 
land in Pima County, Arizona, and for other purposes, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                          PURPOSE OF THE BILL

    The purpose of H.R. 4881 is to direct the Secretary of the 
Interior to take into trust for the Pascua Yaqui Tribe of 
Arizona certain land in Pima County, Arizona.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Pascua Yaqui Tribe is a federally recognized Tribe 
located in Southern Arizona with approximately 22,000 enrolled 
members. Before establishing the Tribe's reservation in 1978, 
forty acres of land near Tucson, Arizona, were donated to 
establish a Yaqui Nation. A portion of this land is now known 
as ``Old Pascua.''
    The Old Pascua area has remained a sacred ceremonial site 
since 1921 and is home to the oldest formally established Yaqui 
community in Tucson, Arizona. With the exclusion of this 
community, the Tribe and many tribal members faced challenges 
like encroachment from the growing city of Tucson and concerns 
related to regulations, taxation, tribal ownership of sacred, 
cultural, traditional, and religious grounds, and access to 
sites of symbolic importance for gathering ceremonial 
materials.
    In May 2021, the Secretary of the Interior approved an 
amended and restated gaming compact entered into by the State 
of Arizona and the Pascua Yaqui Tribe. The Arizona gaming 
compact included provisions that allowed Class III gaming to be 
conducted by the Tribe within their territorial jurisdiction. 
Additionally, the Tribe signed an Intergovernmental Agreement 
with the City of Tucson to support the transfer of land within 
the compact boundaries into trust by the United States for the 
benefit of the Tribe.
    H.R. 4881 would integrate land into trust for the benefit 
of the Pascua Yaqui Tribe to promote the Tribe's governmental 
operations, cultural and religious activities, job creation, 
increased tribal housing, social and community services, health 
care, and educational facilities.

                            COMMITTEE ACTION

    H.R. 4881 was introduced on July 30, 2021, by Chair Raul M. 
Grijalva (D-AZ). The bill was referred solely to the Committee 
on Natural Resources, and within the Committee to the 
Subcommittee for Indigenous Peoples of the United States. On 
October 5, 2021, the Subcommittee held a hearing on the bill. 
On October 13, 2021, the Natural Resources Committee met to 
consider the bill. The Subcommittee was discharged by unanimous 
consent. No amendments were offered. The bill was adopted and 
ordered favorably reported to the House of Representatives by 
unanimous consent.

                                HEARINGS

    For the purposes of clause 3(c)(6) of House Rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee for Indigenous Peoples of the 
United States held on October 5, 2021.

            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 AND CONGRESSIONAL BUDGET ACT

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of 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 and with respect to 
requirements of clause (3)(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received a cost estimate for this bill from the 
Director of Congressional Budget Office. The Committee adopts 
as its own cost estimate the forthcoming cost estimate of the 
Director of the Congressional Budget Office, should such cost 
estimate be made available before House passage of the bill.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    Congressional Budget Office staff have informed the 
Committee on a preliminary, informal, nonbinding basis that the 
bill likely would not affect direct spending or revenues and 
would increase discretionary costs by an insignificant amount 
over the 2022-2026 period.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to direct the Secretary of the 
Interior to take into trust for the Pascua Yaqui Tribe of 
Arizona certain land in Pima County, 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.

                 UNFUNDED MANDATES REFORM ACT STATEMENT

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chair of 
the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                           EXISTING PROGRAMS

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes to existing 
law.

        SUPPLEMENTAL, MINORITY, ADDITIONAL, OR DISSENTING VIEWS

    None.

                                  
                                  
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