II 

Calendar No. 370 

115TH CONGRESS 

2D SESSION H. R. 1404 

[Report No. 115–222] 

IN THE SENATE OF THE UNITED STATES 

JULY 12, 2017 

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

Resources 

APRIL 10, 2018 

Reported by Ms. MURKOWSKI, without amendment 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Land Conveyance Act’’. 


sradovich on DSK3GMQ082PROD with BILLS
2 

•HR 1404 RS

1 SEC. 2. DEFINITIONS. 

2 For the purposes of this Act, the following definitions 

3 apply: 

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

5 Tucson Unified School District No. 1, a school dis6 trict recognized as such under the laws of the State 

7 of Arizona. 

8 (2) MAP.—The term ‘‘Map’’ means the map ti9 tled ‘‘ ‘Pascua Yaqui Tribe Land Conveyance Act’’, 

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

11 public inspection in the local office of the Bureau of 

12 Land Management. 

13 (3) RECREATION AND PUBLIC PURPOSES

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

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

16 869 et seq.). 

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

18 the Secretary of the Interior. 

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

20 Pascua Yaqui Tribe of Arizona, a federally recog21 nized Indian tribe. 

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

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

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

25 United States in and to the approximately 39.65 acres of 

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


sradovich on DSK3GMQ082PROD with BILLS
3 

•HR 1404 RS

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

2 for the benefit of the Tribe. 

3 (b) EFFECTIVE DATE.—Subsection (a) shall take ef4 fect on the day after the date on which the District relin5 quishes all right, title, and interest of the District in and 

6 to the approximately 39.65 acres of land described in sub7 section (a). 

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

9 (a) PARCEL B.— 

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

11 rights and payment to the United States of the fair 

12 market value, the United States shall convey to the 

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

14 States in and to the approximately 13.24 acres of 

15 Federal lands generally depicted on the map as 

16 ‘‘Parcel B’’. 

17 (2) DETERMINATION OF FAIR MARKET

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

19 conveyed under paragraph (1) shall be determined 

20 by the Secretary in accordance with the Uniform 

21 Appraisal Standards for Federal Land Acquisitions 

22 and the Uniform Standards of Professional Ap23 praisal Practice. 

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

25 the conveyance under this subsection, all costs assoVerDate Sep 11 2014 21:37 Apr 10, 2018 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1404.RS H1404

sradovich on DSK3GMQ082PROD with BILLS
4 

•HR 1404 RS

1 ciated with the conveyance shall be paid by the Dis2 trict. 

3 (b) PARCEL C.— 

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

5 after the completion of the appraisal required by 

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

7 an offer to acquire the Federal reversionary interest 

8 in all of the approximately 27.5 acres of land con9 veyed to the District under Recreation and Public 

10 Purposes Act and generally depicted on the map as 

11 ‘‘Parcel C’’, the Secretary shall convey to the Dis12 trict such reversionary interest in the lands covered 

13 by the offer. The Secretary shall complete the con14 veyance not later than 30 days after the date of the 

15 offer. 

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

17 date of the enactment of this Act, the Secretary 

18 shall complete a survey of the lands described in this 

19 subsection to determine the precise boundaries and 

20 acreage of the lands subject to the Federal rever21 sionary interest. 

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

23 the date of enactment of this Act, the Secretary 

24 shall complete an appraisal of the Federal rever25 sionary interest in the lands identified by the survey 


sradovich on DSK3GMQ082PROD with BILLS
5 

•HR 1404 RS

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

2 completed in accordance with the Uniform Appraisal 

3 Standards for Federal Land Acquisitions and the 

4 Uniform Standards of Professional Appraisal Prac5 tice. 

6 (4) CONSIDERATION.—As consideration for the 

7 conveyance of the Federal reversionary interest 

8 under this subsection, the District shall pay to the 

9 Secretary an amount equal to the appraised value of 

10 the Federal interest, as determined under paragraph 

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

12 30 days after the date of the conveyance. 

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

14 the conveyance under this subsection, all costs asso15 ciated with the conveyance, including the cost of the 

16 survey required by paragraph (2) and the appraisal 

17 required by paragraph (3), shall be paid by the Dis18 trict. 

19 SEC. 5. GAMING PROHIBITION. 

20 The Tribe may not conduct gaming activities on lands 

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

22 of claimed inherent authority, under the authority of any 

23 Federal law, including the Indian Gaming Regulatory Act 

24 (25 U.S.C. 2701 et seq.), or under regulations promulVerDate Sep 11 2014 21:37 Apr 10, 2018 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1404.RS H1404

sradovich on DSK3GMQ082PROD with BILLS
6 

•HR 1404 RS

1 gated by the Secretary or the National Indian Gaming 

2 Commission. 

3 SEC. 6. WATER RIGHTS. 

4 (a) IN GENERAL.—There shall be no Federal re5 served right to surface water or groundwater for any land 

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

7 the Tribe under this Act. 

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

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

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

11 under this Act. 

12 (c) FORFEITURE OR ABANDONMENT.—Any water 

13 rights that are appurtenant to land taken into trust by 

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

15 Act may not be forfeited or abandoned. 


sradovich on DSK3GMQ082PROD with BILLS
7 

•HR 1404 RS

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. 


sradovich on DSK3GMQ082PROD with BILLS
Calendar No. 370 

115TH CONGRESS 

2D SESSION H. R. 1404 

[Report No. 115–222] 

AN ACT 

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 

APRIL 10, 2018 

Reported without amendment 


sradovich on DSK3GMQ082PROD with BILLS