[Congressional Record Volume 167, Number 191 (Monday, November 1, 2021)]
[House]
[Pages H6048-H6050]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               OLD PASCUA COMMUNITY LAND ACQUISITION ACT

  Ms. LEGER FERNANDEZ. Madam Speaker, I move to suspend the rules and 
pass 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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4881

       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 ``Old Pascua Community Land 
     Acquisition Act''.

     SEC. 2. DEFINITIONS.

       In this Act:

[[Page H6049]]

       (1) Compact-designated area.--The term ``Compact Designated 
     Area'' means the area south of West Grant Road, east of 
     Interstate 10, north of West Calle Adelanto, and west of 
     North 15th Avenue in the City of Tucson, Arizona, as provided 
     specifically in the Pascua Yaqui Tribe--State of Arizona 
     Amended and Restated Gaming Compact signed in 2021.
       (2) Tribe.--The term ``Tribe'' means the Pascua Yaqui Tribe 
     of Arizona, a federally recognized Indian tribe.
       (3) Indian tribe.--The term ``Indian Tribe''--
       (A) means any Indian tribe, band, nation, or other 
     organized group or community, including any Alaska Native 
     village that is recognized as eligible for the special 
     programs and services provided by the United States to 
     Indians because of their status as Indians; and
       (B) does not include any Alaska Native regional or village 
     corporation.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 3. LAND TO BE HELD IN TRUST.

       Upon the request of the Tribe, the Secretary shall accept 
     and take into trust for the benefit of the Tribe, subject to 
     all valid existing rights, any land within the Compact-
     Designated Area that is owned by Tribe.

     SEC. 4. APPLICATION OF CURRENT LAW.

       Gaming conducted by the Tribe in the Compact-Designated 
     Area shall be subject to--
       (1) the Indian Gaming Regulatory Act (25 U.S.C. 2701 et 
     seq.); and
       (2) sections 1166 through 1168 of title 18, United States 
     Code.

     SEC. 5. REAFFIRMATION OF STATUS AND ACTIONS.

       (a) Administration.--Land placed into trust pursuant to 
     this Act shall--
       (1) be a part of the Pascua Yaqui Reservation and 
     administered in accordance with the laws and regulations 
     generally applicable to land held in trust by the United 
     States for an Indian Tribe; and
       (2) be deemed to have been acquired and taken into trust on 
     September 18, 1978.
       (b) Rules of Construction.--Nothing in this Act shall--
       (1) enlarge, impair, or otherwise affect any right or claim 
     of the Tribe to any land or interest in land in existence 
     before the date of the enactment of this Act;
       (2) affect any water right of the Tribe in existence before 
     the date of the enactment of this Act;
       (3) terminate or limit any access in any way to any right-
     of-way or right-of-use issued, granted, or permitted before 
     the date of the enactment of this Act; or
       (4) alter or diminish the right of the Tribe to seek to 
     have additional land taken into trust by the United States 
     for the benefit of the Tribe.
  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
New Mexico (Ms. Leger Fernandez) and the gentleman from Arkansas (Mr. 
Westerman) each will control 20 minutes.
  The Chair recognizes the gentlewoman from New Mexico.


                             General Leave

  Ms. LEGER FERNANDEZ. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and include extraneous material on the measure under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from New Mexico?
  There was no objection.
  Ms. LEGER FERNANDEZ. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, H.R. 4881, the Old Pascua Community Land Acquisition 
Act, introduced by the gentleman from Arizona (Mr. Grijalva), the 
Natural Resources Committee Chair, will direct the Secretary of the 
Interior to take approximately 30 acres of land into trust for the 
Pascua Yaqui Tribe.
  The Pascua Yaqui Tribe is located in southern Arizona, near the city 
of Tucson, and has approximately 22,000 enrolled Tribal members, with a 
2,216-acre reservation.
  Before the Federal recognition of the Pascua Yaqui Tribe, Yaqui 
leaders, local leaders, and others worked together to establish a home 
for Tribal citizens. In 1921 these efforts led to the formal Pascua 
Village in Tucson, Arizona.
  Before the formal Federal recognition and the establishment of a 
reservation in 1978, former Congressman Mo Udall of Arizona introduced 
a bill to establish 202 acres of land southwest of Tucson to the Pascua 
Yaqui Association.
  While many families relocated to this new land base, many other 
families remained in the Pascua Village, known as Old Pascua. With the 
growing city of Tucson and the geographic distance from the formal 
reservation, the Tribe has worked to ensure the Tribal members living 
within the Pascua Village have remained cared for, including working 
with the Bureau of Indian Affairs to designate Old Pascua as near-
reservation lands.
  Earlier this year, the Tribe entered into a State-negotiated compact 
with the State of Arizona to provide gaming activities in the Old 
Pascua community. The Secretary of the Interior approved the compact in 
May 2021.
  Further, the Tribe signed an intergovernmental agreement with the 
city of Tucson to transfer a parcel of land within Tucson into trust 
for the benefit of the Tribe.
  This bill ensures the Old Pascua community remains intact with the 
Tribe's homelands, and the bill will allow the Tribe to conduct gaming 
activities, expand economic development opportunities, and engage in 
cultural practices on their historic land.
  I am pleased to cosponsor H.R. 4881, which is a bipartisan bill, with 
support from the Pascua Yaqui Tribe, the city of Tucson, the State of 
Arizona, and the Arizona delegation. I support the Old Pascua Community 
Land Acquisition Act, and I urge my colleagues to vote in favor of the 
bill.
  Madam Speaker, I reserve the balance of my time.
  Mr. WESTERMAN. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, the Pascua Yaqui Tribe owns several parcels of land 
that it would like to use for gaming. This bill allows them to do that.
  In May of 2021, the Governor of Arizona and 21 Tribes amended the 
Arizona Tribal State Gaming Compact to build a third gaming facility in 
the compact-designated area in Tucson.
  The compact-designated area is known as the Old Pascua community, an 
area with deep historic ties to the Tribe. The compact requires land to 
be taken into trust by an act of Congress to open the gaming facility. 
H.R. 4881 does this by requiring the Secretary of the Interior to place 
any land owned by the Tribe within the compact-designated area into 
trust for gaming purposes.
  Madam Speaker, I reserve the balance of my time.
  Ms. LEGER FERNANDEZ. Madam Speaker, I yield such time as he may 
consume to the gentleman from Arizona (Mr. Grijalva), the chair of the 
Natural Resources Committee.
  Mr. GRIJALVA. Madam Speaker, I thank the gentlewoman from New Mexico 
(Ms. Leger Fernandez) for the time and to Ranking Member Westerman.
  I am proud to represent the Pascua Yaqui Tribe in Arizona's Third 
District. We both call southern Arizona our home. The Yaqui people are 
an integral and historic part of the fiber of southern Arizona, 
reflecting our history, our cultures, and our people.
  H.R. 4881, the Old Pascua Community Land Acquisition Act, will take a 
30-acre parcel of land into trust for the Pascua Yaqui Tribe, the area 
known locally and to the Tribe as Old Pascua community.
  As the gentlewoman from New Mexico outlined in her comments, as well 
as the ranking member, this was the initial focal point for the Yaqui 
people as they fled persecution. While some families relocated to this 
new land base, many families remained in the Pascua Village community, 
known as Old Pascua.
  At the time in 1921, it was an isolated area outside the community 
and outside of Tucson, but things have grown out around them. I think 
the Yaqui community in Tucson, Arizona, considers Old Pascua not only 
the formally recognized area for the community but also a sacred site 
for the Tribe.
  Before receiving Federal recognition and a formal reservation south 
of Tucson, many Pascua Yaqui families called Old Pascua in Tucson their 
home.
  Today many families still call Old Pascua home, yet they continue to 
fear losing their Yaqui knowledge, culture, history, and traditions due 
to the encroachment of the growing city of Tucson. Other areas of 
concern for Yaqui families include the lack of ownership for sacred, 
cultural, traditional, and religious grounds.
  The Tribe has worked tirelessly to ensure that they take care of 
their Tribal citizens. Earlier this year, as Mr. Westerman outlined, 
the State of Arizona and the Tribe negotiated a

[[Page H6050]]

State compact. This compact included gaming activities in the Old 
Pascua community to promote the Tribe's governmental operations, 
cultural and religious activities, job creation, increased Tribal 
housing, social and community services, healthcare, and educational 
facilities.

  The Tribe has worked tirelessly with the State of Arizona, the city 
of Tucson, and the county of Pima to address their concerns, and have 
entered into an intergovernmental agreement supporting the legislation 
and the land transfer.
  Since this agreement, the State has negotiated a compact that 
reflects that agreement and approved it, and the Department of the 
Interior has approved it.
  H.R. 4881 is a bipartisan bill that will raise the Tribal standard of 
living, improve system coordination and integration of service 
delivery, and promote the ongoing transmission of Yaqui knowledge, 
culture, history, and traditions for future generations.
  This bill is a bipartisan bill. It merits the support of all Members, 
and I would add that it is for the people in southern Arizona an 
extension of a reality and a confirmation of something that already 
exists.
  Mr. WESTERMAN. Madam Speaker, I yield back the balance of my time.

                              {time}  1715

  Ms. LEGER FERNANDEZ. Madam Speaker, this bill, once again, 
demonstrates that there is strong bipartisan support for our Native 
American tribes and indigenous communities. I thank Ranking Member 
Westerman as well as Ranking Member   Don Young on the Subcommittee for 
Indigenous Peoples of the United States.
  The other thing this bill does, as has been highlighted by Chairman 
Grijalva, is it comes out of collaboration and conversation with 
everybody on the ground, the local communities, the States, the county, 
the Tribe. The people of southern Arizona are asking us to take action, 
and that is what we must do today.
  Madam Speaker, I urge my colleagues to support the bill, and I yield 
back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from New Mexico (Ms. Leger Fernandez) that the House 
suspend the rules and pass the bill, H.R. 4881.
  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. GOOD of Virginia. Madam Speaker, on that I demand the yeas and 
nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this motion 
are postponed.

                          ____________________