II Calendar No. 186 109th CONGRESS 1st Session S. 1291 [Report No. 109–116] 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 July 29, 2005 Reported by Mr. McCain, without amendment 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.
1.
Short title
This Act may be cited as the Pascua Yaqui Mineral Rights Act of 2005.
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.
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, W1/2SE1/4, sec. 13, T. 15 S., R. 12 E., Gila and Salt River Base & Meridian, Pima County, Arizona. (C)NW1/4NW1/4, N1/2NE1/4NW1/4, SW1/4NE1/4NW1/4, 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)NE1/4SE1/4, E1/2NW1/4SE1/4, SW1/4NW1/4SE1/4, N1/2SE1/4SE1/4, SE1/4SE1/4SE1/4, 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.
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)E1/2NE1/4, SW1/4NE1/4, sec. 14, T. 15 S., R. 12 E., Gila and Salt River Base & Meridian, Pima County, Arizona. (2)W1/2SE1/4, SW1/4, 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)NE1/4SW1/4, sec. 24, except the southerly 4.19 feet thereof; (2)NW1/4SE1/4, sec. 24, except the southerly 3.52 feet thereof; or (3)S1/2SE1/4, 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).
July 29, 2005 Reported without amendment