19–006 

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 


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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 Rau ́l 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 

Rau ́l 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. 


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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 


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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. 

Æ 


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