H. R. 734

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To amend the Act entitled ‘‘An Act to provide for the extension of certain Federal

benefits, services, and assistance to the Pascua Yaqui Indians of Arizona, and

for other purposes.’’.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SOVEREIGNTY OF PASCUA YAQUI TRIBE.

(a) IN GENERAL.—Subsection (a) of the first section of the

Act entitled ‘‘An Act to provide for the extension of certain Federal

benefits, services, and assistance to the Pascua Yaqui Indians of

Arizona, and for other purposes’’ (25 U.S.C. 1300f(a)) is amended

by inserting after the first sentence the following: ‘‘The Pascua

Yaqui Tribe, a historic Indian tribe, is acknowledged as a federally

recognized Indian tribe possessing all the attributes of inherent

sovereignty which have not been specifically taken away by Acts

of Congress and which are not inconsistent with such tribal status.’’.

(b) EXTENSION OF ENROLLMENT DEADLINE.—Section 3 of such

Act (25 U.S.C. 1300f–2) is amended—

(1) in paragraph (B) by striking ‘‘and’’; and

(2) by redesignating paragraph (C) as paragraph (D) and

inserting after paragraph (B) the following new paragraph (C):

‘‘(C) all those persons of Yaqui blood who are citizens

of the United States and who, within three years after the

date of enactment of this paragraph, apply for enrollment in

the Pascua Yaqui Tribe pursuant to the membership criteria

and procedures provided for in the official governing documents

of the Pascua Yaqui Tribe; and’’.

SEC. 2. STUDY.

The Act entitled ‘‘An Act to provide for the extension of certain

Federal benefits, services, and assistance to the Pascua Yaqui

Indians of Arizona, and for other purposes’’ (25 U.S.C. 1300f et

seq.) is amended by adding at the end the following new section:

‘‘SEC. 4. STUDY.

‘‘(a) IN GENERAL.—The Secretary of the Interior shall conduct

one or more studies to determine—

‘‘(1) whether the lands held in trust on the date of enactment of this section by the United States for the Pascua Yaqui

Tribe are adequate for the needs of the tribe for the foreseeable

future;

‘‘(2) if such lands are not adequate—

‘‘(A) whether suitable additional lands are available

for acquisition by exchange or purchase; and
H. R. 734—2

‘‘(B) the cost and location of the suitable additional

lands;

‘‘(3) whether the Pascua Yaqui Tribe has sufficient water

rights and allocations to meet the needs of the tribe for the

foreseeable future;

‘‘(4) if such water rights and allocations are not adequate—

‘‘(A) whether additional water can be acquired; and

‘‘(B) the potential sources and associated costs of such

additional water;

‘‘(5) whether the Bureau of Indian Affairs and the Indian

Health Service have limited funding to the Pascua Yaqui Tribe

based on a determination of the tribal enrollment in 1978,

rather than the current enrollment;

‘‘(6) if funding has been based on 1978 enrollment, how

the funding levels can be adjusted to ensure that the Pascua

Yaqui Tribe receives a fair and equitable portion of Bureau

of Indian Affairs and Indian Health Service funding;

‘‘(7) the genealogy of the Pascua Yaqui Tribe; and

‘‘(8) the economic development opportunities available to

the tribe as a result of the North American Free Trade

Agreement.

‘‘(b) TRIBAL PARTICIPATION.—The Secretary shall provide for

the participation of members of the Pascua Yaqui tribe to carry

out subsection (a).

‘‘(c) REPORT.—Not later than 2 years after the date on which

funds are made available to carry out this section, the Secretary

of the Interior shall submit a report to Congress that contains

the results of each study conducted pursuant to subsection (a). ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as are necessary to carry out this

section.’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.