II 

109TH CONGRESS 

1ST SESSION S. 1291 

To provide for the acquisition of subsurface mineral interests in land owned 

by the Pascua Yaqui Tribe and land held in trust for the Tribe. 

IN THE SENATE OF THE UNITED STATES 

JUNE 23, 2005 

Mr. MCCAIN introduced the following bill; which was read twice and referred 

to the Committee on Indian Affairs 

A BILL

To provide for the acquisition of subsurface mineral interests 

in land owned by the Pascua Yaqui Tribe and land 

held in trust for the Tribe.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pascua Yaqui Mineral 

5 Rights Act of 2005’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of the Interior. 
2

•S 1291 IS

1 (2) STATE.—The term ‘‘State’’ means the State 

2 of Arizona. 

3 (3) TRIBE.—The term ‘‘Tribe’’ means the 

4 Pascua Yaqui Tribe. 

5 SEC. 3. ACQUISITION OF SUBSURFACE MINERAL INTER6 ESTS. 

7 (a) IN GENERAL.—Not later than 180 days after the 

8 date of enactment of this Act, the Secretary, in coordina9 tion with the Attorney General of the United States and 

10 with the consent of the State, shall acquire through emi11 nent domain the following: 

12 (1) All subsurface rights, title, and interests 

13 (including subsurface mineral interests) held by the 

14 State in the following tribally-owned parcels: 

15 (A) Lot 2, sec. 13, T. 15 S., R. 12 E., Gila 

16 and Salt River Meridian, Pima County Arizona. 

(B) Lot 4, W1⁄2SE1 17 ⁄4 , sec. 13, T. 15 

18 S., R. 12 E., Gila and Salt River Base & Merid19 ian, Pima County, Arizona. 

(C) NW1⁄4NW1⁄4, N1⁄2NE1⁄4NW1 20 ⁄4, 

SW1⁄4NE1⁄4NW1 21 ⁄4, sec. 24, T. 15 S., R. 12 E., 

22 Gila and Salt River Base & Meridian, Pima 

23 County Arizona. 
3

•S 1291 IS

1 (D) Lot 2 and Lots 45 through 76, sec. 

2 19, T. 15 S., R. 13 E., Gila and Salt River 

3 Base & Meridian, Pima County, Arizona. 

4 (2) All subsurface rights, title, and interests 

5 (including subsurface mineral interests) held by the 

6 State in the following parcels held in trust for the 

7 benefit of Tribe: 

8 (A) Lots 1 through 8, sec. 14, T. 15 S., 

9 R. 12 E., Gila and Salt River Base & Meridian, 

10 Pima County, Arizona. 

(B) NE1⁄4SE1⁄4, E1⁄2NW1⁄4SE1 11 ⁄4, 

SW1⁄4NW1⁄4SE1⁄4, N1⁄2SE1⁄4SE1 12 ⁄4, 

SE1⁄4SE1⁄4SE1 13 ⁄4, sec. 14, T. 15 S., R. 12 E., 

14 Gila and Salt River Base & Meridian, Pima 

15 County, Arizona. 

16 (b) CONSIDERATION.—Subject to subsection (c), as 

17 consideration for the acquisition of subsurface mineral in18 terests under subsection (a), the Secretary shall pay to 

19 the State an amount equal to the market value of the sub20 surface mineral interests acquired, as determined by— 

21 (1) a mineral assessment that is— 

22 (A) completed by a team of mineral spe23 cialists agreed to by the State and the Tribe; 

24 and 
4

•S 1291 IS

1 (B) reviewed and accepted as complete and 

2 accurate by a certified review mineral examiner 

3 of the Bureau of Land Management; 

4 (2) a negotiation between the State and the 

5 Tribe to mutually agree on the price of the sub6 surface mineral interests; or 

7 (3) if the State and the Tribe cannot mutually 

8 agree on a price under paragraph (2), an appraisal 

9 report that is— 

10 (A)(i) completed by the State in accord11 ance with subsection (d); and 

12 (ii) reviewed by the Tribe; and 

13 (B) on a request of the Tribe to the Bu14 reau of Indian Affairs, reviewed and accepted 

15 as complete and accurate by the Office of the 

16 Special Trustee for American Indians of the 

17 Department of the Interior. 

18 (c) CONDITIONS OF ACQUISITION.—The Secretary 

19 shall acquire subsurface mineral interests under sub20 section (a) only if— 

21 (1) the payment to the State required under 

22 subsection (b) is accepted by the State in full consid23 eration for the subsurface mineral interests ac24 quired; 
5

•S 1291 IS

1 (2) the acquisition terminates all right, title, 

2 and interest of any party other than the United 

3 States in and to the acquired subsurface mineral in4 terests; and 

5 (3) the Tribe agrees to fully reimburse the Sec6 retary for costs incurred by the Secretary relating to 

7 the acquisition, including payment to the State for 

8 the acquisition. 

9 (d) DETERMINATION OF MARKET VALUE.—Notwith10 standing any other provision of law, unless the State and 

11 the Tribe otherwise agree to the market value of the sub12 surface mineral interests acquired by the Secretary under 

13 this section, the market value of those subsurface mineral 

14 interests shall be determined in accordance with the Uni15 form Appraisal Standards for Federal Land Acquisition, 

16 as published by the Appraisal Institute in 2000, in co17 operation with the Department of Justice and the Office 

18 of Special Trustee for American Indians of the Depart19 ment of Interior. 

20 (e) ADDITIONAL TERMS AND CONDITIONS.—The 

21 Secretary may require such additional terms and condi22 tions with respect to the acquisition of subsurface mineral 

23 interests under this section as the Secretary considers to 

24 be appropriate to protect the interests of the United 

25 States and any valid existing right. 
6

•S 1291 IS

1 SEC. 4. INTERESTS TAKEN INTO TRUST. 

2 (a) LAND TRANSFERRED.—Subject to subsections 

3 (b) and (c), notwithstanding any other provision of law, 

4 not later than 180 days after the date on which the Tribe 

5 makes the payment described in subsection (c), the Sec6 retary shall take into trust for the benefit of the Tribe 

7 the subsurface rights, title, and interests, formerly re8 served to the United States, to the following parcels: 

(1) E1⁄2NE1⁄4, SW1⁄4NE1 9 ⁄4, sec. 14, T. 15 S., 

10 R. 12 E., Gila and Salt River Base & Meridian, 

11 Pima County, Arizona. 

(2) W1⁄2SE1⁄4, SW1 12 ⁄4, sec. 24, T. 15 S., R. 12 

13 E., Gila and Salt River Base & Meridian, Pima 

14 County, Arizona. 

15 (b) EXCEPTIONS.—The parcels taken into trust 

16 under subsection (a) shall not include— 

(1) NE1⁄4SW1 17 ⁄4, sec. 24, except the southerly 

18 4.19 feet thereof; 

(2) NW1⁄4SE1 19 ⁄4, sec. 24, except the southerly 

20 3.52 feet thereof; or 

(3) S1⁄2SE1 21 ⁄4, sec. 23, T. 15 S., R. 12 E., Gila 

22 and Salt River Base & Meridian, Pima County, Ari23 zona. 

24 (c) CONSIDERATION AND COSTS.—The Tribe shall 

25 pay to the Secretary only the transaction costs relating 

26 to the assessment, review, and transfer of the subsurface 
7

•S 1291 IS

1 rights, title, and interests taken into trust under sub2 section (a).

Æ