[House Report 112-510]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-510
=======================================================================
 
                   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.

                                  
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