[Senate Report 117-6]
[From the U.S. Government Publishing Office]
Calendar No. 22
117th Congress} { Report
SENATE
1st Session } { 117-6
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TO DIRECT THE SECRETARY OF THE INTERIOR TO TAKE CERTAIN LAND LOCATED IN
PINAL COUNTY, ARIZONA, INTO TRUST FOR THE BENEFIT OF THE GILA RIVER
INDIAN COMMUNITY, AND FOR OTHER PURPOSES
_______
March 24, 2021.--Ordered to be printed
_______
Mr. Schatz, from the Committee on Indian Affairs,
submitted the following
R E P O R T
[To accompany S. 371]
[Including cost estimate of the Congressional Budget Office]
The Committee on Indian Affairs, to which was referred the
bill (S. 371) to direct the Secretary of the Interior to take
certain land located in Pinal County, Arizona, into trust for
the benefit of the Gila River Indian Community, and for other
purposes, having considered the same, reports favorably thereon
without amendment and recommends that the bill do pass.
PURPOSE
The purpose of this bill is to authorize the Secretary of
the U.S. Department of the Interior (Secretary) to take land,
located in Pinal County, Arizona, into trust for the benefit of
the Gila River Indian Community (GRIC or the Tribe).
BACKGROUND
The GRIC's reservation was originally established through
Congressional action\1\ and later by Executive Order dated
August 31, 1876. Over time, the Tribe expanded its reservation
to approximately 375,000 acres of land located near the
metropolitan area of Phoenix, Arizona.\2\
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\1\See Act of February 28, 1859, 11 Stat. 401, Chapter LXVI.
\2\The Tribe's reservation was further expanded by Executive Orders
dated October 31, 1876, January 10, 1879, June 14, 1879, May 5, 1882,
November 15, 1883, March 22, 1911, May 8, 1911, July 31, 1911, December
6, 1911, June 22, 1913, August 27, 1914, and July 19, 1915.
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The Blackwater Trading Post is surrounded on three sides by
GRIC's reservation. The fourth side abuts the frontage of
Arizona State Highway 287 (Highway). Constructed in 1926, the
Highway is the likely reason for the establishment of the first
store, which would later become known as the Blackwater Trading
Post. The history of the first store and its early proprietors
is mostly lost to history, but what is known is the Ellis
family owned and operated the Blackwater Trading Post for
roughly 60 years. Since at least 1930, the local community,
including the Tribe, bought, sold, and traded goods such as
basketry, pottery, and other items at the Blackwater Trading
Post.
According to a family member, the Ellis family began
acquiring artifacts and other items in the early 1940s. In
2010, the Ellis family sold the Blackwater Trading Post and all
items contained therein to the GRIC. After the sale, an
inventory of the Blackwater Trading Post revealed an artifact
collection of over 1,000 items, including 126 Akimel O'otham
baskets. This collection is now housed in GRIC's Huhugam
Heritage Center.
The Blackwater Trading Post has been closed since GRIC
purchased the land in 2010. At this time, the Tribe is
undecided on whether to reopen the Blackwater Trading Post or
use the land for another purpose.
SUMMARY OF THE BILL
The bill, S. 371, authorizes the Secretary to take 55.3
acres of land located in Pinal County, Arizona into trust for
GRIC on the condition that GRIC meet four requirements: 1)
conveyance of all of its right, title, and interest in and to
the land to the Secretary; 2) submission of a request to the
Secretary to take the land into trust for the benefit of the
Tribe; 3) a survey, if the Secretary determines it be
necessary, that determines the exact acreage and legal
description of the land to be placed into trust to the
satisfaction of the Secretary; and 4) the Tribe pays for all
survey costs. A map of the surveyed land will be on file with
the appropriate offices of the Secretary and available for
public viewing.
Once the Secretary places the land into trust for the
Tribe, the land shall be treated as part of GRIC's reservation.
Under S. 371, Class II and Class III gaming on the land is
expressly prohibited.
NEED FOR LEGISLATION
Placing the land that houses the Blackwater Trading Post
into trust for GRIC will preserve a historical and cultural
site that is significant to the Tribe. Under the term of GRIC's
water settlement, which was signed into law under the Arizona
Water Settlements Act in 2004, Congress must authorize the
Secretary to take land located outside GRIC's existing
reservation boundaries into trust; GRIC is prohibited from
utilizing the administrative land into trust process for such
acquisitions.\3\
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\3\See Arizona Water Settlements Act, Pub. L. No. 108-451, 118
Stat. 3523 (2004).
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LEGISLATIVE HISTORY
On February 23, 2021, Senators Kelly and Sinema introduced
S. 371, To direct theSecretary of the Interior to take certain
land located in Pinal County, Arizona, into trust for the
benefit of the Gila River Indian Community, and for other
purposes. The Senate referred the bill to the Committee the
same day. The Committee held a duly called business meeting to
consider nine bills, including S. 371, on March 10, 2021. No
amendments were filed to S. 371. The Committee passed the bill
en bloc with eight other bills by voice vote, and ordered the
bill to be favorably reported.
On January 25, 2021, Representative O'Halleran introduced
an identical companion bill, H.R. 478, in the House of
Representatives. The House of Representatives referred the bill
to the Committee on Natural Resources the same day. No further
action has been taken on H.R. 478.
On November 20, 2019, Senators McSally (R-AZ) and Sinema
(D-AZ) introduced S. 2912, the Blackwater Trading Post Land
Transfer Act. The Committee on Indian Affairs held a
legislative hearing on June 24, 2020. At this legislative
hearing, Mr. Darryl LaCounte, Director of the Bureau of Indian
Affairs, testified in support of S. 2912. The Committee held a
duly called business meeting on July 29, 2020, to consider
eleven bills, including S. 2912. No amendments were filed to S.
2912. The Committee passed S. 2912, en bloc with 10 other bills
by voice vote, and ordered the bill to be favorably reported.
A companion bill in the House of Representatives, H.R.
3160, the Blackwater Trading Post Land Transfer Act, was
introduced by Representatives O'Halleran, Schweikert, Gallego,
Kirkpatrick, Stanton, Lesko, Gosar, and Biggs on June 6, 2019.
H.R. 3160 was referred to the Committee on Natural Resources of
the House of Representatives. On June 20, 2019, the bill was
further referred to the Subcommittee on Indigenous Peoples of
the United States of the Committee on Natural Resources. On
October 16, 2019, the Subcommittee held a hearing on the bill.
The Subcommittee discharged H.R. 3160 and the Committee on
Natural Resources considered the bill during a mark-up session
held on January 15, 2020. On the same day, the Committee on
Natural Resources ordered the bill to be reported by unanimous
consent. The House of Representatives passed H.R. 3160 on
September 22, 2020 under suspension of the rules.
SECTION-BY-SECTION-ANALYSIS
Section 1. Short title
Section 1 states that the Act may be cited as the
``Blackwater Trading Post Land Transfer Act.''
Sec. 2. Definitions
Section 2 provides definitions used throughout the bill,
including Blackwater Trading Post, Community, Map, Reservation,
and Secretary.
Sec. 3. Land taken into trust for benefit of the Gila River Indian
Community
Subsection (a) instructs the Secretary to take Blackwater
Trading Post into trust for the benefit of the Gila River
Indian Community, after the Tribe--
(1) Conveys all right, title, and interest in and to
the Blackwater Trading Post from the Gila River Indian
Community to the Secretary;
(2) Submits to the Secretary a request to take the
Blackwater Trading Post land into trust for the benefit
of the Indian Tribe;
(3) Conducts a survey, if the Secretary determines
one is necessary and to their satisfaction, to
determine the exact acreage and legal description of
the Blackwater Trading Post land; and
(4) Pays for all costs related to any surveying
conducted under paragraph (3).
Subsection (b) requires that not later than 180 days after
the Blackwater Trading Post land is taken into trust, a map
will be placed on file and available to the public for viewing
with the appropriate offices of the Secretary.
Subsection (c) treats the land, once placed in trust, as
part of the Gila River Indian Community's reservation.
Subsection (d) provides that Class II and Class III gaming
under the Indian Gaming Regulatory Act will not be allowed at
any time on the land taken into trust under subsection (a).
Subsection (e) requires that not later than 180 days after
the date of enactment of this Act, the Secretary will provide a
full metes-and-bounds description of the Blackwater Trading
Post land to be published in the Federal Register. This
description will be considered the official description of the
trust land.
COST AND BUDGETARY CONSIDERATIONS
The following cost estimate, as provided by the
Congressional Budget Office, dated March 19, 2021, was prepared
for S. 371:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 19, 2021.
Hon. Brian Schatz,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 371, the Blackwater
Trading Post Land Transfer Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jon Sperl.
Sincerely,
Phillip L. Swagel.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 371 would direct the Department of the Interior (DOI) to
take into trust approximately 55acres of land in Pinal County,
Arizona, owned by the Gila River Indian Community. Under the
bill, DOI would hold title to that land for the benefit of the
tribe. The bill would require the tribe to fulfill reporting
and surveying requirements for DOI to take the land into trust
and would prohibit certain types of gaming on that land. Using
information provided by DOI, CBO estimates that the
administrative costs to implement S. 371 would not be
significant.
S. 371 would impose an intergovernmental mandate as defined
in the Unfunded Mandates Reform Act (UMRA) by prohibiting state
and local governments from taxing land taken into trust for the
Gila River Indian Community. Information from Pinal County
about taxes and other receipts associated with the land
indicates that those foregone revenues would total less than
$20,000 annually, which is far below the annual threshold
established in UMRA ($85 million in 2021, adjusted annually for
inflation).
The CBO staff contacts for this estimate are Jon Sperl (for
federal costs) and Rachel Austin (for mandates). The estimate
was reviewed by H. Samuel Papenfuss, Deputy Director of Budget
Analysis.
REGULATORY AND PAPERWORK IMPACT STATEMENT
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires each report accompanying a bill to evaluate the
regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee believes S. 371 will have
minimal impact on regulatory or paperwork requirements.
EXECUTIVE COMMUNICATIONS
The Committee has received no communications from the
Executive Branch regarding S. 371.
CHANGES IN EXISTING LAW
On February 11, 2021, the Committee unanimously approved a
motion to waive subsection 12 of rule XXVI of the Standing
Rules of the Senate. In the opinion of the Committee, it is
necessary to dispense with subsection 12 of rule XXVI of the
Standing Rules of the Senate to expedite the business of the
Senate.
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