IIB 

115TH CONGRESS 

1ST SESSION H. R. 1404 

IN THE SENATE OF THE UNITED STATES 

JULY 12, 2017 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Pascua Yaqui Tribe 

3 Land Conveyance Act’’. 

4 SEC. 2. DEFINITIONS. 

5 For the purposes of this Act, the following definitions 

6 apply: 

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

8 Tucson Unified School District No. 1, a school dis9 trict recognized as such under the laws of the State 

10 of Arizona. 

11 (2) MAP.—The term ‘‘Map’’ means the map ti12 tled ‘‘ ‘Pascua Yaqui Tribe Land Conveyance Act’’, 

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

14 public inspection in the local office of the Bureau of 

15 Land Management. 

16 (3) RECREATION AND PUBLIC PURPOSES

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

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

19 869 et seq.). 

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

21 the Secretary of the Interior. 

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

23 Pascua Yaqui Tribe of Arizona, a federally recog24 nized Indian tribe. 


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

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

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

4 United States in and to the approximately 39.65 acres of 

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

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

7 for the benefit of the Tribe. 

8 (b) EFFECTIVE DATE.—Subsection (a) shall take ef9 fect on the day after the date on which the District relin10 quishes all right, title, and interest of the District in and 

11 to the approximately 39.65 acres of land described in sub12 section (a). 

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

14 (a) PARCEL B.— 

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

16 rights and payment to the United States of the fair 

17 market value, the United States shall convey to the 

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

19 States in and to the approximately 13.24 acres of 

20 Federal lands generally depicted on the map as 

21 ‘‘Parcel B’’. 

22 (2) DETERMINATION OF FAIR MARKET

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

24 conveyed under paragraph (1) shall be determined 

25 by the Secretary in accordance with the Uniform 

26 Appraisal Standards for Federal Land Acquisitions 


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1 and the Uniform Standards of Professional Ap2 praisal Practice. 

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

4 the conveyance under this subsection, all costs asso5 ciated with the conveyance shall be paid by the Dis6 trict. 

7 (b) PARCEL C.— 

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

9 after the completion of the appraisal required by 

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

11 an offer to acquire the Federal reversionary interest 

12 in all of the approximately 27.5 acres of land con13 veyed to the District under Recreation and Public 

14 Purposes Act and generally depicted on the map as 

15 ‘‘Parcel C’’, the Secretary shall convey to the Dis16 trict such reversionary interest in the lands covered 

17 by the offer. The Secretary shall complete the con18 veyance not later than 30 days after the date of the 

19 offer. 

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

21 date of the enactment of this Act, the Secretary 

22 shall complete a survey of the lands described in this 

23 subsection to determine the precise boundaries and 

24 acreage of the lands subject to the Federal rever25 sionary interest. 


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

2 the date of enactment of this Act, the Secretary 

3 shall complete an appraisal of the Federal rever4 sionary interest in the lands identified by the survey 

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

6 completed in accordance with the Uniform Appraisal 

7 Standards for Federal Land Acquisitions and the 

8 Uniform Standards of Professional Appraisal Prac9 tice. 

10 (4) CONSIDERATION.—As consideration for the 

11 conveyance of the Federal reversionary interest 

12 under this subsection, the District shall pay to the 

13 Secretary an amount equal to the appraised value of 

14 the Federal interest, as determined under paragraph 

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

16 30 days after the date of the conveyance. 

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

18 the conveyance under this subsection, all costs asso19 ciated with the conveyance, including the cost of the 

20 survey required by paragraph (2) and the appraisal 

21 required by paragraph (3), shall be paid by the Dis22 trict. 

23 SEC. 5. GAMING PROHIBITION. 

24 The Tribe may not conduct gaming activities on lands 

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


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1 of claimed inherent authority, under the authority of any 

2 Federal law, including the Indian Gaming Regulatory Act 

3 (25 U.S.C. 2701 et seq.), or under regulations promul4 gated by the Secretary or the National Indian Gaming 

5 Commission. 

6 SEC. 6. WATER RIGHTS. 

7 (a) IN GENERAL.—There shall be no Federal re8 served right to surface water or groundwater for any land 

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

10 the Tribe under this Act. 

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

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

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

14 under this Act. 

15 (c) FORFEITURE OR ABANDONMENT.—Any water 

16 rights that are appurtenant to land taken into trust by 

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

18 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. 

Passed the House of Representatives July 11, 2017. 

Attest: KAREN L. HAAS, 

Clerk. 


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