[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4490 Introduced in House (IH)]






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 Representatives 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 INTERESTS 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 regulations 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 located 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 located 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 interests 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 
determined 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 examiner 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 report 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 accepted 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 consideration for the 
        subsurface mineral interests acquired 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 interests.
    (d) Determination of Market Value.--Notwithstanding 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 
Department of the Interior.
    (e) Description of Land.--The exact acreage and legal descriptions 
of the land and interests in land acquired by the United States under 
this section shall be determined by surveys that are satisfactory to 
the Secretary and the State.
    (f) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the acquisition 
of subsurface interests in land under this section as the Secretary 
considers appropriate to protect the interests of the United States and 
any valid existing rights.

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

    (a) Land Transferred.--Notwithstanding any other provision of law, 
after the Tribe makes the payment described in subsection (b), the 
Secretary shall take into trust for the benefit of the Tribe the 
subsurface rights, formerly reserved to the United States, to the 
approximately 360.23 acres of land located in Pima County, Arizona, the 
surface rights to which are held in trust for the benefit of the Tribe.
    (b) Consideration and Costs.--The Tribe shall pay to the Secretary 
all transaction costs associated with assessment, review, and transfer 
of the interest in the estate authorized to be taken into trust 
pursuant to subsection (a).
    (c) Determination of Fair Market Value.--Notwithstanding any other 
provision of law, unless the Secretary and the Tribe agree to a 
stipulated fair market value, the value of the subsurface mineral 
interests taken into trust 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.
    (d) Description of Land.--The exact acreage and legal description 
of the land described in subsection (a) shall be determined by the 
Secretary.
                                 <all>