[Congressional Record Volume 159, Number 62 (Monday, May 6, 2013)]
[House]
[Pages H2411-H2412]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PASCUA YAQUI TRIBE TRUST LAND ACT
Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 507) to provide for the conveyance of certain
inholdings owned by the United States to the Pascua Yaqui Tribe of
Arizona, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 507
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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 ``PYT Land
Department'' and dated January 15, 2013.
(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 subsection (c) and to valid
existing rights, all right, title, and interest of the United
States in and to the approximately 10 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) Parcel B.--Subject to subsection (c) and valid existing
rights, all right, title, and interest of the United States
in and to the approximately 10 acres of Federal lands
generally depicted on the map as Parcel B are declared to be
held in trust by the United States for the benefit of the
Tribe.
(c) Effective Date.--Subsections (a) and (b) shall take
effect on the day after the date on which--
(1) the District relinquishes all right, title, and
interest of the District in and to the land described in
subsection (b); and
(2) the Secretary (or a delegate of the Secretary) approves
and records the lease agreement between the Tribe and the
District for the construction and operation of a regional
transportation facility located on the restricted Indian land
of the Tribe in accordance with the requirements of the first
section of the Act entitled ``An Act to authorize the leasing
of restricted Indian lands for public, religious,
educational, recreational, residential, business, and other
purposes requiring the grant of long-term leases'', approved
August 9, 1955 (25 U.S.C. 415), and part 162 of title 25,
Code of Federal Regulations (including successor
regulations).
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.
SEC. 5. WATER RIGHTS.
(a) In General.--There shall not be Federal reserved rights
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.).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Alaska (Mr. Young) and the gentleman from Arizona (Mr. Grijalva) each
will control 20 minutes.
The Chair recognizes the gentleman from Alaska.
General Leave
Mr. YOUNG of Alaska. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days in which to revise and extend their
remarks and include extraneous materials on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Alaska?
There was no objection.
Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 507 directs the Secretary of the Interior to take
two 10-acre parcels into trust for a tribe in Arizona. These two
parcels are both completely surrounded by either the tribe's
reservation or by fee lands owned by the tribe. Before the parcels can
be taken into trust, however, the Tucson Unified School District will
first need to relinquish its possessory interest in one parcel. The
school district no longer needs the land, which it had previously
received under the Recreation and Public Purposes Act.
The Secretary of the Interior will also need to approve a lease
agreement between the tribe and the school district for the
construction and operation of a regional transportation facility on the
tribe's land.
Both parcels would be utilized as part of a golf course that is
currently under construction. Neither parcel is necessary for the
construction of the golf course, but if the tribe does not acquire and
use these parcels, they will be orphaned and of relatively no use to
either the tribe or to the United States.
As has become customary when taking land into trust, the bill
includes language that prohibits any gaming on the two parcels to be
taken into trust.
Finally, I would like to commend the gentleman from Arizona for his
bill, and I urge its adoption.
I reserve the balance of my time.
{time} 1720
Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.
[[Page H2412]]
H.R. 507 is an important piece of legislation that will enable the
Pascua Yaqui Tribe in my district in Arizona to consolidate its
landholdings and remove two isolated, undeveloped parcels of land from
the Bureau of Land Management responsibility.
The two 10-acre parcels are islands of ``trapped'' Federal land
surrounded by Pascua Yaqui land on all sides. The tribe is developing a
golf course in this area, and conveying these two parcels to the tribe
will make managing the land easier for the tribe and the Federal
Government.
Without this legislation, the tribe would have to design around the
parcels, slowing down the project, weakening economic development that
will benefit the entire Yaqui community. Passage of this bill will
further the Federal Government's responsibility to enhance tribal trust
resources.
I want to thank my colleagues and the leadership within the Natural
Resources Committee for making this bill a priority for passage this
session. I urge my colleagues to support H.R. 507, and I yield back the
balance of my time.
Mr. YOUNG of Alaska. Mr. Speaker, I yield back the balance of my
time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Alaska (Mr. Young) that the House suspend the rules and
pass the bill, H.R. 507.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. YOUNG of Alaska. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________