IB 

Union Calendar No. 142 

115TH CONGRESS 

1ST SESSION H. R. 1404 

[Report No. 115–205] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 7, 2017 

Mr. GRIJALVA introduced the following bill; which was referred to the 

Committee on Natural Resources 

JULY 11, 2017 

Additional sponsors: Mr. GALLEGO, Mr. SCHWEIKERT, Mr. FRANKS of Arizona, Mr. GOSAR, Ms. SINEMA, Mr. O’HALLERAN, Mr. BIGGS, and Ms. 

MCSALLY

JULY 11, 2017 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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•HR 1404 RH

A BILL 

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. 


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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 Tribe 

5 Land Conveyance Act’’. 

6 SEC. 2. DEFINITIONS. 

7 For the purposes of this Act, the following definitions 

8 apply: 

9 (1) DISTRICT.—The term ‘‘District’’ means the 

10 Tucson Unified School District No. 1, a school dis11 trict recognized as such under the laws of the State 

12 of Arizona. 

13 (2) MAP.—The term ‘‘Map’’ means the map ti14 tled ‘‘ ‘Pascua Yaqui Tribe Land Conveyance Act’’, 

15 dated March 14, 2016, and on file and available for 

16 public inspection in the local office of the Bureau of 

17 Land Management. 

18 (3) RECREATION AND PUBLIC PURPOSES

19 ACT.—The term ‘‘Recreation and Public Purposes 

20 Act’’ means the Act of June 14, 1926 (43 U.S.C. 

21 869 et seq.). 

22 (4) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of the Interior. 


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

2 Pascua Yaqui Tribe of Arizona, a federally recog3 nized Indian tribe. 

4 SEC. 3. LAND TO BE HELD IN TRUST. 

5 (a) PARCEL A.—Subject to subsection (b) and to 

6 valid existing rights, all right, title, and interest of the 

7 United States in and to the approximately 39.65 acres of 

8 Federal lands generally depicted on the map as ‘‘Parcel 

9 A’’ are declared to be held in trust by the United States 

10 for the benefit of the Tribe. 

11 (b) EFFECTIVE DATE.—Subsection (a) shall take ef12 fect on the day after the date on which the District relin13 quishes all right, title, and interest of the District in and 

14 to the approximately 39.65 acres of land described in sub15 section (a). 

16 SEC. 4. LANDS TO BE CONVEYED TO THE DISTRICT. 

17 (a) PARCEL B.— 

18 (1) IN GENERAL.—Subject to valid existing 

19 rights and payment to the United States of the fair 

20 market value, the United States shall convey to the 

21 District all right, title, and interest of the United 

22 States in and to the approximately 13.24 acres of 

23 Federal lands generally depicted on the map as 

24 ‘‘Parcel B’’. 


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1 (2) DETERMINATION OF FAIR MARKET

2 VALUE.—The fair market value of the property to be 

3 conveyed under paragraph (1) shall be determined 

4 by the Secretary in accordance with the Uniform 

5 Appraisal Standards for Federal Land Acquisitions 

6 and the Uniform Standards of Professional Ap7 praisal Practice. 

8 (3) COSTS OF CONVEYANCE.—As a condition of 

9 the conveyance under this subsection, all costs asso10 ciated with the conveyance shall be paid by the Dis11 trict. 

12 (b) PARCEL C.— 

13 (1) IN GENERAL.—If, not later than 1 year 

14 after the completion of the appraisal required by 

15 paragraph (3), the District submits to the Secretary 

16 an offer to acquire the Federal reversionary interest 

17 in all of the approximately 27.5 acres of land con18 veyed to the District under Recreation and Public 

19 Purposes Act and generally depicted on the map as 

20 ‘‘Parcel C’’, the Secretary shall convey to the Dis21 trict such reversionary interest in the lands covered 

22 by the offer. The Secretary shall complete the con23 veyance not later than 30 days after the date of the 

24 offer. 


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1 (2) SURVEY.—Not later than 90 days after the 

2 date of the enactment of this Act, the Secretary 

3 shall complete a survey of the lands described in this 

4 subsection to determine the precise boundaries and 

5 acreage of the lands subject to the Federal rever6 sionary interest. 

7 (3) APPRAISAL.—Not later than 180 days after 

8 the date of enactment of this Act, the Secretary 

9 shall complete an appraisal of the Federal rever10 sionary interest in the lands identified by the survey 

11 required by paragraph (2). The appraisal shall be 

12 completed in accordance with the Uniform Appraisal 

13 Standards for Federal Land Acquisitions and the 

14 Uniform Standards of Professional Appraisal Prac15 tice. 

16 (4) CONSIDERATION.—As consideration for the 

17 conveyance of the Federal reversionary interest 

18 under this subsection, the District shall pay to the 

19 Secretary an amount equal to the appraised value of 

20 the Federal interest, as determined under paragraph 

21 (3). The consideration shall be paid not later than 

22 30 days after the date of the conveyance. 

23 (5) COSTS OF CONVEYANCE.—As a condition of 

24 the conveyance under this subsection, all costs asso25 ciated with the conveyance, including the cost of the 


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1 survey required by paragraph (2) and the appraisal 

2 required by paragraph (3), shall be paid by the Dis3 trict. 

4 SEC. 5. GAMING PROHIBITION. 

5 The Tribe may not conduct gaming activities on lands 

6 taken into trust pursuant to this Act, either as a matter 

7 of claimed inherent authority, under the authority of any 

8 Federal law, including the Indian Gaming Regulatory Act 

9 (25 U.S.C. 2701 et seq.), or under regulations promul10 gated by the Secretary or the National Indian Gaming 

11 Commission. 

12 SEC. 6. WATER RIGHTS. 

13 (a) IN GENERAL.—There shall be no Federal re14 served right to surface water or groundwater for any land 

15 taken into trust by the United States for the benefit of 

16 the Tribe under this Act. 

17 (b) STATE WATER RIGHTS.—The Tribe retains any 

18 right or claim to water under State law for any land taken 

19 into trust by the United States for the benefit of the Tribe 

20 under this Act. 

21 (c) FORFEITURE OR ABANDONMENT.—Any water 

22 rights that are appurtenant to land taken into trust by 

23 the United States for the benefit of the Tribe under this 

24 Act may not be forfeited or abandoned. 


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1 (d) ADMINISTRATION.—Nothing in this Act affects or 

2 modifies any right of the Tribe or any obligation of the 

3 United States under Public Law 95–375. 


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Union Calendar No. 142 

115TH CONGRESS 

1ST SESSION H. R. 1404 

[Report No. 115–205] 

A BILL 

To provide for the conveyance of certain land 

Pascua Yaqui Tribe of Arizona. Tucson Unified School District and to the inholdings owned by the United States to the 

JULY 11, 2017 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


lotter on DSKBCFDHB2PROD with BILLS