[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1291 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1291

To provide for the acquisition of subsurface mineral interests in land 
 owned by the Pascua Yaqui Tribe and land held in trust for the Tribe.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 23, 2005

  Mr. McCain introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
To provide for the acquisition of subsurface mineral interests in land 
 owned by the Pascua Yaqui Tribe and land held in trust for the Tribe.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pascua Yaqui Mineral Rights Act of 
2005''.

SEC. 2. DEFINITIONS.

    In this Act:
            (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. 3. ACQUISITION OF SUBSURFACE MINERAL INTERESTS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary, in coordination with the Attorney 
General of the United States and with the consent of the State, shall 
acquire through eminent domain the following:
            (1) All subsurface rights, title, and interests (including 
        subsurface mineral interests) held by the State in the 
        following tribally-owned parcels:
                    (A) Lot 2, sec. 13, T. 15 S., R. 12 E., Gila and 
                Salt River Meridian, Pima County Arizona.
                    (B) Lot 4, W\1/2\SE\1/4 \, sec. 13, T. 15 S., R. 12 
                E., Gila and Salt River Base & Meridian, Pima County, 
                Arizona.
                    (C) NW\1/4\NW\1/4\, N\1/2\NE\1/4\NW\1/4\, SW\1/
                4\NE\1/4\NW\1/4\, sec. 24, T. 15 S., R. 12 E., Gila and 
                Salt River Base & Meridian, Pima County Arizona.
                    (D) Lot 2 and Lots 45 through 76, sec. 19, T. 15 
                S., R. 13 E., Gila and Salt River Base & Meridian, Pima 
                County, Arizona.
            (2) All subsurface rights, title, and interests (including 
        subsurface mineral interests) held by the State in the 
        following parcels held in trust for the benefit of Tribe:
                    (A) Lots 1 through 8, sec. 14, T. 15 S., R. 12 E., 
                Gila and Salt River Base & Meridian, Pima County, 
                Arizona.
                    (B) NE\1/4\SE\1/4\, E\1/2\NW\1/4\SE\1/4\, SW\1/
                4\NW\1/4\SE\1/4\, N\1/2\SE\1/4\SE\1/4\, SE\1/4\SE\1/
                4\SE\1/4\, sec. 14, T. 15 S., R. 12 E., Gila and Salt 
                River Base & Meridian, Pima County, Arizona.
    (b) Consideration.--Subject to subsection (c), as consideration for 
the acquisition of subsurface mineral interests under subsection (a), 
the Secretary shall pay to the State an amount equal to the market 
value of the subsurface mineral interests acquired, as determined by--
            (1) a mineral assessment that is--
                    (A) completed by a team of mineral specialists 
                agreed to 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) a negotiation between the State and the Tribe to 
        mutually agree on the price of the subsurface mineral 
        interests; or
            (3) if the State and the Tribe cannot mutually agree on a 
        price under paragraph (2), an appraisal report that is--
                    (A)(i) completed by the State in accordance with 
                subsection (d); and
                    (ii) reviewed by the Tribe; and
                    (B) on a request of the Tribe to the Bureau of 
                Indian Affairs, reviewed and accepted as complete and 
                accurate by the Office of the Special Trustee for 
                American Indians of the Department of the Interior.
    (c) Conditions of Acquisition.--The Secretary shall acquire 
subsurface mineral interests under subsection (a) only if--
            (1) the payment to the State required under subsection (b) 
        is accepted by the State in full consideration for the 
        subsurface mineral interests acquired;
            (2) the acquisition terminates all right, title, and 
        interest of any party other than the United States in and to 
        the acquired subsurface mineral interests; and
            (3) the Tribe agrees to fully reimburse the Secretary for 
        costs incurred by the Secretary relating to the acquisition, 
        including payment to the State for the acquisition.
    (d) Determination of Market Value.--Notwithstanding any other 
provision of law, unless the State and the Tribe otherwise agree to the 
market value of the subsurface mineral interests acquired by the 
Secretary under this section, the market value of those subsurface 
mineral interests 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 and the Office of Special Trustee for American Indians of the 
Department of Interior.
    (e) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions with respect to the acquisition of 
subsurface mineral interests under this section as the Secretary 
considers to be appropriate to protect the interests of the United 
States and any valid existing right.

SEC. 4. INTERESTS TAKEN INTO TRUST.

    (a) Land Transferred.--Subject to subsections (b) and (c), 
notwithstanding any other provision of law, not later than 180 days 
after the date on which the Tribe makes the payment described in 
subsection (c), the Secretary shall take into trust for the benefit of 
the Tribe the subsurface rights, title, and interests, formerly 
reserved to the United States, to the following parcels:
            (1) E\1/2\NE\1/4\, SW\1/4\NE\1/4\, sec. 14, T. 15 S., R. 12 
        E., Gila and Salt River Base & Meridian, Pima County, Arizona.
            (2) W\1/2\SE\1/4\, SW\1/4\, sec. 24, T. 15 S., R. 12 E., 
        Gila and Salt River Base & Meridian, Pima County, Arizona.
    (b) Exceptions.--The parcels taken into trust under subsection (a) 
shall not include--
            (1) NE\1/4\SW\1/4\, sec. 24, except the southerly 4.19 feet 
        thereof;
            (2) NW\1/4\SE\1/4\, sec. 24, except the southerly 3.52 feet 
        thereof; or
            (3) S\1/2\SE\1/4\, sec. 23, T. 15 S., R. 12 E., Gila and 
        Salt River Base & Meridian, Pima County, Arizona.
    (c) Consideration and Costs.--The Tribe shall pay to the Secretary 
only the transaction costs relating to the assessment, review, and 
transfer of the subsurface rights, title, and interests taken into 
trust under subsection (a).
                                 <all>