I 

115TH CONGRESS 

1ST SESSION H. R. 1404 

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 

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. 

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: 


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

2 Tucson Unified School District No. 1, a school dis3 trict recognized as such under the laws of the State 

4 of Arizona. 

5 (2) MAP.—The term ‘‘Map’’ means the map ti6 tled ‘‘ ‘Pascua Yaqui Tribe Land Conveyance Act’’, 

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

8 public inspection in the local office of the Bureau of 

9 Land Management. 

10 (3) RECREATION AND PUBLIC PURPOSES

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

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

13 869 et seq.). 

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

15 the Secretary of the Interior. 

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

17 Pascua Yaqui Tribe of Arizona, a federally recog18 nized Indian tribe. 

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

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

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

22 United States in and to the approximately 39.65 acres of 

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

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

25 for the benefit of the Tribe. 


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1 (b) EFFECTIVE DATE.—Subsection (a) shall take ef2 fect on the day after the date on which the District relin3 quishes all right, title, and interest of the District in and 

4 to the approximately 39.65 acres of land described in sub5 section (a). 

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

7 (a) PARCEL B.— 

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

9 rights and payment to the United States of the fair 

10 market value, the United States shall convey to the 

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

12 States in and to the approximately 13.24 acres of 

13 Federal lands generally depicted on the map as 

14 ‘‘Parcel B’’. 

15 (2) DETERMINATION OF FAIR MARKET

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

17 conveyed under paragraph (1) shall be determined 

18 by the Secretary in accordance with the Uniform 

19 Appraisal Standards for Federal Land Acquisitions 

20 and the Uniform Standards of Professional Ap21 praisal Practice. 

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

23 the conveyance under this subsection, all costs asso24 ciated with the conveyance shall be paid by the Dis25 trict. 


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1 (b) PARCEL C.— 

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

3 after the completion of the appraisal required by 

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

5 an offer to acquire the Federal reversionary interest 

6 in all of the approximately 27.5 acres of land con7 veyed to the District under Recreation and Public 

8 Purposes Act and generally depicted on the map as 

9 ‘‘Parcel C’’, the Secretary shall convey to the Dis10 trict such reversionary interest in the lands covered 

11 by the offer. The Secretary shall complete the con12 veyance not later than 30 days after the date of the 

13 offer. 

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

15 date of the enactment of this Act, the Secretary 

16 shall complete a survey of the lands described in this 

17 subsection to determine the precise boundaries and 

18 acreage of the lands subject to the Federal rever19 sionary interest. 

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

21 the date of enactment of this Act, the Secretary 

22 shall complete an appraisal of the Federal rever23 sionary interest in the lands identified by the survey 

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

25 completed in accordance with the Uniform Appraisal 


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1 Standards for Federal Land Acquisitions and the 

2 Uniform Standards of Professional Appraisal Prac3 tice. 

4 (4) CONSIDERATION.—As consideration for the 

5 conveyance of the Federal reversionary interest 

6 under this subsection, the District shall pay to the 

7 Secretary an amount equal to the appraised value of 

8 the Federal interest, as determined under paragraph 

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

10 30 days after the date of the conveyance. 

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

12 the conveyance under this subsection, all costs asso13 ciated with the conveyance, including the cost of the 

14 survey required by paragraph (2) and the appraisal 

15 required by paragraph (3), shall be paid by the Dis16 trict. 

17 SEC. 5. GAMING PROHIBITION. 

18 The Tribe may not conduct gaming activities on lands 

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

20 of claimed inherent authority, under the authority of any 

21 Federal law, including the Indian Gaming Regulatory Act 

22 (25 U.S.C. 2701 et seq.), or under regulations promul23 gated by the Secretary or the National Indian Gaming 

24 Commission. 


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1 SEC. 6. WATER RIGHTS. 

2 (a) IN GENERAL.—There shall be no Federal re3 served right to surface water or groundwater for any land 

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

5 the Tribe under this Act. 

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

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

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

9 under this Act. 

10 (c) FORFEITURE OR ABANDONMENT.—Any water 

11 rights that are appurtenant to land taken into trust by 

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

13 Act may not be forfeited or abandoned. 

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

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

16 United States under Public Law 95–375. 

Æ 


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