Old Pascua Community Land Acquisition Act
Bill: H.R.4881 | Sponsor: Rep. Grijalva, Raúl M. (D-AZ)
Policy area: Native Americans

Summary:
Old Pascua Community Land Acquisition Act
This act directs the Department of the Interior to take tribally owned lands in Pima County, Arizona, into trust for the benefit of the Pascua Yaqui Tribe of Arizona. Lands taken into trust shall be part of the Pascua Yaqui Reservation.
The act allows gaming on the land taken into trust.

[117th Congress Public Law 275]
[From the U.S. Government Publishing Office]



[[Page 136 STAT. 4184]]

Public Law 117-275
117th Congress

                                 An Act


 
   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. <<NOTE: Dec. 27, 2022 -  [H.R. 4881]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Old Pascua 
Community Land Acquisition Act.>> 
SECTION 1. SHORT TITLE.

     This Act may be cited as the ``Old Pascua Community Land 
Acquisition Act''.
SEC. 2. DEFINITIONS.

    In this Act:
            (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.

[[Page 136 STAT. 4185]]

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.

    Approved December 27, 2022.

LEGISLATIVE HISTORY--H.R. 4881:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 117-166 (Comm. on Natural Resources).
SENATE REPORTS: No. 117-127 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD:
                                                        Vol. 167 (2021):
                                    Nov. 1, 2, considered and passed 
                                        House.
                                                        Vol. 168 (2022):
                                    Dec. 19, considered and passed 
                                        Senate.

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