I 

108TH CONGRESS 

2D SESSION H. R. 4490 

To provide for acquisition of subsurface mineral rights to land owned by 

the Pascua Yaqui Tribe and land held in trust for the Tribe, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 2, 2004 

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

Committee on Resources 

A BILL 

To provide for acquisition of subsurface mineral rights to 

land owned by the Pascua Yaqui Tribe and land held 

in trust for the Tribe, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. DEFINITIONS. 

4 For the purposes of this Act, the following definitions 

5 apply: 

6 (1) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of the Interior. 

8 (2) STATE.—The term ‘‘State’’ means the State 

9 of Arizona. 
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1 (3) TRIBE.—The term ‘‘Tribe’’ means the 

2 Pascua Yaqui Tribe. 

3 SEC. 2. ACQUISITION OF SUBSURFACE MINERAL INTER4 ESTS FROM THE STATE FOR THE TRIBE. 

5 (a) ACQUISITION AUTHORIZED.—The Secretary shall 

6 acquire, by use of the powers of eminent domain, and the 

7 Department of Justice is authorized to act on behalf of 

8 the Secretary to do so, pursuant to the laws and regula9 tions of the United States governing use of the power of 

10 eminent domain, but only with the consent of the State, 

11 the following: 

12 (1) Any trust mineral estate of the State lo13 cated beneath the surface estates of the Tribe in 

14 land consisting of approximately 436.18 acres in 

15 Pima County, Arizona. 

16 (2) Any trust mineral estate of the State lo17 cated beneath the surface estates held in trust for 

18 the Tribe in land consisting of approximately 140.18 

19 acres in Pima County, Arizona. 

20 (b) CONSIDERATION.—Subject to subsection (c), as 

21 consideration for the acquisition of subsurface mineral in22 terests by the United States pursuant to subsection (a), 

23 the Tribe shall pay to the State an amount equal to the 

24 market value of those subsurface mineral interests as de25 termined by— 
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1 (1) a mineral assessment completed— 

2 (A) by a team of mineral specialists agreed 

3 upon by the State and the Tribe; and 

4 (B) reviewed, and accepted as complete 

5 and accurate by a certified review mineral ex6 aminer of the Bureau of Land Management; 

7 (2) negotiation between the Tribe and the State 

8 in order to arrive at a mutually agreed price; or 

9 (3) in the event the Tribe and the State cannot 

10 arrive at a mutually agreed price, an appraisal re11 port completed in accordance with subsection (d)— 

12 (A) by the State and reviewed by the 

13 Tribe; and 

14 (B) if requested by the Tribe through the 

15 Bureau of Indian Affairs, reviewed and accept16 ed as complete and accurate by the Office of 

17 the Special Trustee for American Indians in the 

18 Department of the Interior. 

19 (c) CONDITIONS OF ACQUISITION.—The Secretary 

20 may make the acquisition under subsection (a) only if— 

21 (1) the payment to the State required under 

22 subsection (b) is accepted by the State as full con23 sideration for the subsurface mineral interests ac24 quired by the United States under subsection (a); 

25 and 
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1 (2) the acquisition terminates all right, title, 

2 and interest of all parties other than the United 

3 States in and to the acquired subsurface mineral in4 terests. 

5 (d) DETERMINATION OF MARKET VALUE.—Notwith6 standing any other provision of law, unless State and 

7 Tribe shall otherwise agree to a stipulated market value, 

8 the value of the subsurface mineral interests acquired by 

9 the United States under this section shall be determined 

10 in accordance with the Uniform Appraisal Standards for 

11 Federal Land Acquisition, as published by the Appraisal 

12 Institute in 2000 in cooperation with the Department of 

13 Justice. Any appraisal shall be subject to the review and 

14 acceptance by the Land Department of the State and the 

15 Office of Special Trustee for American Indians in the De16 partment of the Interior. 

17 (e) DESCRIPTION OF LAND.—The exact acreage and 

18 legal descriptions of the land and interests in land ac19 quired by the United States under this section shall be 

20 determined by surveys that are satisfactory to the Sec21 retary and the State. 

22 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec23 retary may require such additional terms and conditions 

24 in connection with the acquisition of subsurface interests 

25 in land under this section as the Secretary considers ap-
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1 propriate to protect the interests of the United States and 

2 any valid existing rights. 

3 SEC. 3. INTERESTS IN LAND TAKEN INTO TRUST FOR THE 

4 TRIBE. 

5 (a) LAND TRANSFERRED.—Notwithstanding any 

6 other provision of law, after the Tribe makes the payment 

7 described in subsection (b), the Secretary shall take into 

8 trust for the benefit of the Tribe the subsurface rights, 

9 formerly reserved to the United States, to the approxi10 mately 360.23 acres of land located in Pima County, Ari11 zona, the surface rights to which are held in trust for the 

12 benefit of the Tribe. 

13 (b) CONSIDERATION AND COSTS.—The Tribe shall 

14 pay to the Secretary all transaction costs associated with 

15 assessment, review, and transfer of the interest in the es16 tate authorized to be taken into trust pursuant to sub17 section (a). 

18 (c) DETERMINATION OF FAIR MARKET VALUE.— 

19 Notwithstanding any other provision of law, unless the 

20 Secretary and the Tribe agree to a stipulated fair market 

21 value, the value of the subsurface mineral interests taken 

22 into trust under this section shall be determined in accord23 ance with the Uniform Appraisal Standards for Federal 

24 Land Acquisition, as published by the Appraisal Institute 

25 in 2000 in cooperation with the Department of Justice. 
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1 (d) DESCRIPTION OF LAND.—The exact acreage and 

2 legal description of the land described in subsection (a) 

3 shall be determined by the Secretary. 

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