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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. DEFINITIONS. 
For the purposes of this Act, the following definitions 
apply: 
(1) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(2) STATE.—The term ‘‘State’’ means the State 
of Arizona.
(3) TRIBE.—The term ‘‘Tribe’’ means the 
Pascua Yaqui Tribe. 
SEC. 2. ACQUISITION OF SUBSURFACE MINERAL INTER-
ESTS FROM THE STATE FOR THE TRIBE. 
(a) ACQUISITION AUTHORIZED.—The Secretary shall 
acquire, by use of the powers of eminent domain, and the 
Department of Justice is authorized to act on behalf of 
the Secretary to do so, pursuant to the laws and regula-
tions of the United States governing use of the power of 
eminent domain, but only with the consent of the State, 
the following: 
(1) Any trust mineral estate of the State lo-
cated beneath the surface estates of the Tribe in 
land consisting of approximately 436.18 acres in 
Pima County, Arizona. 
(2) Any trust mineral estate of the State lo-
cated beneath the surface estates held in trust for 
the Tribe in land consisting of approximately 140.18 
acres in Pima County, Arizona. 
(b) CONSIDERATION.—Subject to subsection (c), as 
consideration for the acquisition of subsurface mineral in-
terests by the United States pursuant to subsection (a), 
the Tribe shall pay to the State an amount equal to the 
market value of those subsurface mineral interests as de-
termined by—
(1) a mineral assessment completed— 
(A) by a team of mineral specialists agreed 
upon by the State and the Tribe; and 
(B) reviewed, and accepted as complete 
and accurate by a certified review mineral ex-
aminer of the Bureau of Land Management; 
(2) negotiation between the Tribe and the State 
in order to arrive at a mutually agreed price; or 
(3) in the event the Tribe and the State cannot 
arrive at a mutually agreed price, an appraisal re-
port completed in accordance with subsection (d)— 
(A) by the State and reviewed by the 
Tribe; and 
(B) if requested by the Tribe through the 
Bureau of Indian Affairs, reviewed and accept-
ed as complete and accurate by the Office of 
the Special Trustee for American Indians in the 
Department of the Interior. 
(c) CONDITIONS OF ACQUISITION.—The Secretary 
may make the acquisition under subsection (a) only if— 
(1) the payment to the State required under 
subsection (b) is accepted by the State as full con-
sideration for the subsurface mineral interests ac-
quired by the United States under subsection (a); 
and
(2) the acquisition terminates all right, title, 
and interest of all parties other than the United 
States in and to the acquired subsurface mineral in-
terests. 
(d) DETERMINATION OF MARKET VALUE.—Notwith-
standing any other provision of law, unless State and 
Tribe shall otherwise agree to a stipulated market value, 
the value of the subsurface mineral interests acquired by 
the United States under this section shall be determined 
in accordance with the Uniform Appraisal Standards for 
Federal Land Acquisition, as published by the Appraisal 
Institute in 2000 in cooperation with the Department of 
Justice. Any appraisal shall be subject to the review and 
acceptance by the Land Department of the State and the 
Office of Special Trustee for American Indians in the De-
partment of the Interior. 
(e) DESCRIPTION OF LAND.—The exact acreage and 
legal descriptions of the land and interests in land ac-
quired by the United States under this section shall be 
determined by surveys that are satisfactory to the Sec-
retary and the State. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions 
in connection with the acquisition of subsurface interests 
in land under this section as the Secretary considers ap-