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114th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {      114-550

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



 
                 PASCUA YAQUI TRIBE LAND CONVEYANCE ACT

                                _______
                                

  May 10, 2016.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 2009]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2009) 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, 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 Land Conveyance 
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 No. 1, 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 Land Conveyance Act'', dated March 14, 2016, and on 
        file and available for public inspection in the local office of 
        the Bureau of Land Management.
          (3) Recreation and public purposes act.--The term 
        ``Recreation and Public Purposes Act'' means the Act of June 
        14, 1926 (43 U.S.C. 869 et seq.).
          (4) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (5) Tribe.--The term ``Tribe'' means the Pascua Yaqui Tribe 
        of Arizona, a federally recognized Indian tribe.

SEC. 3. LAND TO BE HELD IN TRUST.

  (a) Parcel A.--Subject to subsection (b) and to valid existing 
rights, all right, title, and interest of the United States in and to 
the approximately 39.65 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) Effective Date.--Subsection (a) shall take effect on the day 
after the date on which the District relinquishes all right, title, and 
interest of the District in and to the approximately 39.65 acres of 
land described in subsection (a).

SEC. 4. LANDS TO BE CONVEYED TO THE DISTRICT.

  (a) Parcel B.--
          (1) In general.--Subject to valid existing rights and payment 
        to the United States of the fair market value, the United 
        States shall convey to the District all right, title, and 
        interest of the United States in and to the approximately 13.24 
        acres of Federal lands generally depicted on the map as 
        ``Parcel B''.
          (2) Determination of fair market value.--The fair market 
        value of the property to be conveyed under paragraph (1) shall 
        be determined by the Secretary in accordance with the Uniform 
        Appraisal Standards for Federal Land Acquisitions and the 
        Uniform Standards of Professional Appraisal Practice.
          (3) Costs of conveyance.--As a condition of the conveyance 
        under this subsection, all costs associated with the conveyance 
        shall be paid by the District.
  (b) Parcel C.--
          (1) In general.--If, not later than one year after the 
        completion of the appraisal required by paragraph (3), the 
        District submits to the Secretary an offer to acquire the 
        Federal reversionary interest in all of the approximately 27.5 
        acres of land conveyed to the Association under Recreation and 
        Public Purposes Act and generally depicted on the map as 
        ``Parcel C'', the Secretary shall convey to the District such 
        reversionary interest in the lands covered by the offer. The 
        Secretary shall complete the conveyance not later than 30 days 
        after the date of the offer.
          (2) Survey.--Not later than 90 days after the date of the 
        enactment of this Act, the Secretary shall complete a survey of 
        the lands described in this subsection to determine the precise 
        boundaries and acreage of the lands subject to the Federal 
        reversionary interest.
          (3) Appraisal.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall complete an 
        appraisal of the Federal reversionary interest in the lands 
        identified by the survey required by paragraph (2). The 
        appraisal shall be completed in accordance with the Uniform 
        Appraisal Standards for Federal Land Acquisitions and the 
        Uniform Standards of Professional Appraisal Practice.
          (4) Consideration.--As consideration for the conveyance of 
        the Federal reversionary interest under this subsection, the 
        District shall pay to the Secretary an amount equal to the 
        appraised value of the Federal interest, as determined under 
        paragraph (3). The consideration shall be paid not later than 
        30 days after the date of the conveyance.
          (5) Costs of conveyance.--As a condition of the conveyance 
        under this subsection, all costs associated with the 
        conveyance, including the cost of the survey required by 
        paragraph (2) and the appraisal required by paragraph (3), 
        shall be paid by the District.

SEC. 5. GAMING PROHIBITION.

  The Tribe may not conduct gaming activities on lands taken into trust 
pursuant to this Act, either as a matter of claimed inherent authority, 
under the authority of any Federal law, including the Indian Gaming 
Regulatory Act (25 U.S.C. 2701 et seq.), or under regulations 
promulgated by the Secretary or the National Indian Gaming Commission.

SEC. 6. WATER RIGHTS.

  (a) In General.--There shall be no Federal reserved right 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.).

                          PURPOSE OF THE BILL

    The purpose of H.R. 2009 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

    The Pascua Yaqui Reservation is located in southern 
Arizona, 15 miles southwest of Tucson. In 1964, Congressman 
Morris K. Udall (D-AZ) introduced a bill to transfer 202 acres 
of desert land southwest of Tucson to the Yaquis (Private Law 
88-350, 78 Stat. 1196). The bill was later signed into law and 
the deed to the land was transferred to the recently formed 
Pascua Yaqui Association, a nonprofit Arizona corporation.
    The Reservation was formally established in 1978 as 
President Carter signed into law a bill which set forth that 
the members of Pascua Yaqui Association were federally 
recognized as the Pascua Yaqui Tribe (Public Law 95-375). In 
1982, with the enactment of H.R. 4364, the Reservation was 
expanded by 690 acres with the intent of improving the socio-
economic environment of tribal members (Public Law 97-386; S. 
Rpt. 97-657). In the 113th Congress, H.R. 507 was enacted which 
placed two 10-acre parcels into trust for the Tribe (Public Law 
113-134, the Pascua Yaqui Tribe Trust Act).
    The Tribe is interested in acquiring 40 acres of Tucson 
Unified School District No. 1 land for flood control 
development. H.R. 2009 is needed because lands were patented to 
the District in 1981 pursuant the Recreation and Public 
Purposes Act of 1926 (RPPA, 43 U.S.C. 869 et seq.) and were 
only intended for a school site. A change in land use patented 
under the RPPA requires an Act of Congress.

           SECTION-BY-SECTION ANALYSIS (AS ORDERED REPORTED)

    Section 1. Short Title. Section 1 sets forth that the Act 
is to be cited as the Pascua Yaqui Tribe Land Conveyance Act.
    Section 2. Definitions. Section 2 sets forth definitions 
under the Act.
    Section 3. Land to be Held in Trust. Section 3 directs the 
Secretary of the Interior to take into trust, the day after the 
date on which the District relinquishes title, 39.65 acres of 
District land for the Tribe.
    Section 4. Lands to be Conveyed to the District. Section 4 
provides that the Secretary will transfer, subject to payment 
of fair market value by the District, 13.24 acres of federal 
land to the District. Furthermore, section 4 provides that if 
the District submits an offer to acquire the Federal 
reversionary interest of the 27.5 acres of land conveyed to the 
District under RPPA and pays fair market value, the United 
States shall convey to the District such reversionary interest. 
All conveyance costs will be paid for by the District. Fair 
market value determination under section 4 shall be done in 
accordance with Uniform Appraisal Standards for Federal Land 
Acquisitions.
    Section 5. Gaming Prohibition. Section 5 makes clear that 
the Tribe may not conduct gaming on the lands taken into trust 
under section 3.
    Section 6. Water Rights. Section 6 states that any water 
rights that are appurtenant to land taken into trust under the 
bill for the Tribe may not be forfeited or abandoned.

                            COMMITTEE ACTION

    H.R. 2009 was introduced on April 23, 2015, by Congressman 
Raul M. Grijalva (D-AZ). The bill was referred to the Committee 
on Natural Resources, and within the Committee to the 
Subcommittee on Indian, Insular and Alaska Native Affairs and 
the Subcommittee on Federal Lands. On November 4, 2015, the 
Subcommittee on Indian, Insular and Alaska Native Affairs held 
a hearing on the bill. On March 15, 2016, the Natural Resources 
Committee met to consider the bill. The Subcommittees were 
discharged by unanimous consent. Congressman Raul M. Grijalva 
offered an amendment designated 094; it was adopted by 
unanimous consent. No further amendments were offered, and the 
bill, as amended, was ordered favorably reported to the House 
of Representatives by unanimous consent on March 16, 2016.

            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:

                                     U.S. Congress,
                               Congressional Budget Office,
                                       Washington, DC, May 9, 2016.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2009, the Pascua 
Yaqui Tribe Land Conveyance Act of 2015.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 2009--Pascua Yaqui Tribe Land Conveyance Act of 2015

    H.R. 2009 would authorize exchanges of land and related 
interests among the Pascua Yaqui Indian Tribe in Pima County, 
Arizona, the Tucson Unified School District, and the federal 
government. The proposed transactions involve three parcels of 
land and would be contingent on the school district 
relinquishing its interest in nearly 40 acres of land, which 
the Department of the Interior (DOI) would take into trust on 
behalf of the tribe. In exchange, DOT would convey to the 
school district roughly 13 acres of other land and, if 
requested by the district, the federal government's 
reversionary interest in nearly 28 acres of additional land, 
provided that the school district pays DOI the fair market 
value of such lands and interests.
    CBO estimates that enacting H.R. 2009 would have no 
significant effect on the federal budget. Based on information 
from DOI, CBO estimates that any administrative costs incurred 
under the bill (which would be subject to appropriation), would 
not exceed $500,000 in any year. According to DOI, the affected 
lands currently generate no significant receipts and are not 
expected to do so over the next 10 years. Based on information 
from the Pima County Assessor's Office about the estimated 
market value of lands and interests that would be conveyed to 
the school district under the bill, CBO estimates that any 
proceeds to the federal government would total less than 
$500,000. Any such amounts would be recorded as offsetting 
receipts (a credit against direct spending); therefore, pay-as-
you-go procedures apply. Enacting H.R. 2009 would not affect 
revenues.
    CBO estimates that enacting H.R. 2009 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    H.R. 2009 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Megan Carroll. 
The estimate was approved by H. Samuel Papenfuss, 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. The Congressional 
Budget Office estimates that implementing this bill ``would 
have no significant effect 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 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.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                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.

                                  [all]