II 

Calendar No. 186 

109TH CONGRESS 

1ST SESSION S. 1291 

[Report No. 109–116] 

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 

JULY 29, 2005 

Reported by Mr. MCCAIN, without amendment 

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’’. 
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•S 1291 RS

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

4 the Secretary of the Interior. 

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

6 of Arizona. 

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

8 Pascua Yaqui Tribe. 

9 SEC. 3. ACQUISITION OF SUBSURFACE MINERAL INTER10 ESTS. 

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

12 date of enactment of this Act, the Secretary, in coordina13 tion with the Attorney General of the United States and 

14 with the consent of the State, shall acquire through emi15 nent domain the following: 

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

17 (including subsurface mineral interests) held by the 

18 State in the following tribally-owned parcels: 

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

20 and Salt River Meridian, Pima County Arizona. 

(B) Lot 4, W1⁄2SE1 21 ⁄4, sec. 13, T. 15 S., R. 

22 12 E., Gila and Salt River Base & Meridian, 

23 Pima County, Arizona. 

(C) NW1⁄4NW1⁄4, N1⁄2NE1⁄4NW1 24 ⁄4, 

SW1⁄4NE1⁄4NW1 25 ⁄4, sec. 24, T. 15 S., R. 12 E., 
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•S 1291 RS

1 Gila and Salt River Base & Meridian, Pima 

2 County Arizona. 

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

4 19, T. 15 S., R. 13 E., Gila and Salt River 

5 Base & Meridian, Pima County, Arizona. 

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

7 (including subsurface mineral interests) held by the 

8 State in the following parcels held in trust for the 

9 benefit of Tribe: 

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

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

12 Pima County, Arizona. 

(B) NE1⁄4SE1⁄4, E1⁄2NW1⁄4SE1 13 ⁄4, 

SW1⁄4NW1⁄4SE1⁄4, N1⁄2SE1⁄4SE1 14 ⁄4, 

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

16 Gila and Salt River Base & Meridian, Pima 

17 County, Arizona. 

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

19 consideration for the acquisition of subsurface mineral in20 terests under subsection (a), the Secretary shall pay to 

21 the State an amount equal to the market value of the sub22 surface mineral interests acquired, as determined by— 

23 (1) a mineral assessment that is— 
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1 (A) completed by a team of mineral spe2 cialists agreed to by the State and the Tribe; 

3 and 

4 (B) reviewed and accepted as complete and 

5 accurate by a certified review mineral examiner 

6 of the Bureau of Land Management; 

7 (2) a negotiation between the State and the 

8 Tribe to mutually agree on the price of the sub9 surface mineral interests; or 

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

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

12 report that is— 

13 (A)(i) completed by the State in accord14 ance with subsection (d); and 

15 (ii) reviewed by the Tribe; and 

16 (B) on a request of the Tribe to the Bu17 reau of Indian Affairs, reviewed and accepted 

18 as complete and accurate by the Office of the 

19 Special Trustee for American Indians of the 

20 Department of the Interior. 

21 (c) CONDITIONS OF ACQUISITION.—The Secretary 

22 shall acquire subsurface mineral interests under sub23 section (a) only if— 

24 (1) the payment to the State required under 

25 subsection (b) is accepted by the State in full consid-
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1 eration for the subsurface mineral interests ac2 quired; 

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

4 and interest of any party other than the United 

5 States in and to the acquired subsurface mineral in6 terests; and 

7 (3) the Tribe agrees to fully reimburse the Sec8 retary for costs incurred by the Secretary relating to 

9 the acquisition, including payment to the State for 

10 the acquisition. 

11 (d) DETERMINATION OF MARKET VALUE.—Notwith12 standing any other provision of law, unless the State and 

13 the Tribe otherwise agree to the market value of the sub14 surface mineral interests acquired by the Secretary under 

15 this section, the market value of those subsurface mineral 

16 interests shall be determined in accordance with the Uni17 form Appraisal Standards for Federal Land Acquisition, 

18 as published by the Appraisal Institute in 2000, in co19 operation with the Department of Justice and the Office 

20 of Special Trustee for American Indians of the Depart21 ment of Interior. 

22 (e) ADDITIONAL TERMS AND CONDITIONS.—The 

23 Secretary may require such additional terms and condi24 tions with respect to the acquisition of subsurface mineral 

25 interests under this section as the Secretary considers to 
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1 be appropriate to protect the interests of the United 

2 States and any valid existing right. 

3 SEC. 4. INTERESTS TAKEN INTO TRUST. 

4 (a) LAND TRANSFERRED.—Subject to subsections 

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

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

7 makes the payment described in subsection (c), the Sec8 retary shall take into trust for the benefit of the Tribe 

9 the subsurface rights, title, and interests, formerly re10 served to the United States, to the following parcels: 

(1) E1⁄2NE1⁄4, SW1⁄4NE1 11 ⁄4, sec. 14, T. 15 S., 

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

13 Pima County, Arizona. 

(2) W1⁄2SE1⁄4, SW1 14 ⁄4, sec. 24, T. 15 S., R. 12 

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

16 County, Arizona. 

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

18 under subsection (a) shall not include— 

(1) NE1⁄4SW1 19 ⁄4, sec. 24, except the southerly 

20 4.19 feet thereof; 

(2) NW1⁄4SE1 21 ⁄4, sec. 24, except the southerly 

22 3.52 feet thereof; or 

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

24 and Salt River Base & Meridian, Pima County, Ari25 zona. 
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1 (c) CONSIDERATION AND COSTS.—The Tribe shall 

2 pay to the Secretary only the transaction costs relating 

3 to the assessment, review, and transfer of the subsurface 

4 rights, title, and interests taken into trust under sub5 section (a). 
Calendar No. 186 

109TH CONGRESS 

1ST SESSION S. 1291 

[Report No. 109–116] 

A BILL

To provide for the acquisition of subsurface mineral 

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

JULY 29, 2005 

Reported without amendment