[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1404 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 370
115th CONGRESS
  2d Session
                                H. R. 1404

                          [Report No. 115-222]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 12, 2017

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

                             April 10, 2018

              Reported by Ms. Murkowski, without amendment

_______________________________________________________________________

                                 AN ACT


 
 To provide for the conveyance of certain land inholdings owned by the 
 United States to the Tucson Unified School District and to the Pascua 
                        Yaqui Tribe of Arizona.

    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 Tribe Land Conveyance 
Act''.

SEC. 2. DEFINITIONS.

    For the purposes of this Act, the following definitions apply:
            (1) District.--The term ``District'' means the Tucson 
        Unified School District No. 1, a school district recognized as 
        such under the laws of the State of Arizona.
            (2) Map.--The term ``Map'' means the map titled ```Pascua 
        Yaqui Tribe Land Conveyance Act'', dated March 14, 2016, and on 
        file and available for public inspection in the local office of 
        the Bureau of Land Management.
            (3) Recreation and public purposes act.--The term 
        ``Recreation and Public Purposes Act'' means the Act of June 
        14, 1926 (43 U.S.C. 869 et seq.).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) Tribe.--The term ``Tribe'' means the Pascua Yaqui Tribe 
        of Arizona, a federally recognized Indian tribe.

SEC. 3. LAND TO BE HELD IN TRUST.

    (a) Parcel A.--Subject to subsection (b) and to valid existing 
rights, all right, title, and interest of the United States in and to 
the approximately 39.65 acres of Federal lands generally depicted on 
the map as ``Parcel A'' are declared to be held in trust by the United 
States for the benefit of the Tribe.
    (b) Effective Date.--Subsection (a) shall take effect on the day 
after the date on which the District relinquishes all right, title, and 
interest of the District in and to the approximately 39.65 acres of 
land described in subsection (a).

SEC. 4. LANDS TO BE CONVEYED TO THE DISTRICT.

    (a) Parcel B.--
            (1) In general.--Subject to valid existing rights and 
        payment to the United States of the fair market value, the 
        United States shall convey to the District all right, title, 
        and interest of the United States in and to the approximately 
        13.24 acres of Federal lands generally depicted on the map as 
        ``Parcel B''.
            (2) Determination of fair market value.--The fair market 
        value of the property to be conveyed under paragraph (1) shall 
        be determined by the Secretary in accordance with the Uniform 
        Appraisal Standards for Federal Land Acquisitions and the 
        Uniform Standards of Professional Appraisal Practice.
            (3) Costs of conveyance.--As a condition of the conveyance 
        under this subsection, all costs associated with the conveyance 
        shall be paid by the District.
    (b) Parcel C.--
            (1) In general.--If, not later than 1 year after the 
        completion of the appraisal required by paragraph (3), the 
        District submits to the Secretary an offer to acquire the 
        Federal reversionary interest in all of the approximately 27.5 
        acres of land conveyed to the District under Recreation and 
        Public Purposes Act and generally depicted on the map as 
        ``Parcel C'', the Secretary shall convey to the District such 
        reversionary interest in the lands covered by the offer. The 
        Secretary shall complete the conveyance not later than 30 days 
        after the date of the offer.
            (2) Survey.--Not later than 90 days after the date of the 
        enactment of this Act, the Secretary shall complete a survey of 
        the lands described in this subsection to determine the precise 
        boundaries and acreage of the lands subject to the Federal 
        reversionary interest.
            (3) Appraisal.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall complete an 
        appraisal of the Federal reversionary interest in the lands 
        identified by the survey required by paragraph (2). The 
        appraisal shall be completed in accordance with the Uniform 
        Appraisal Standards for Federal Land Acquisitions and the 
        Uniform Standards of Professional Appraisal Practice.
            (4) Consideration.--As consideration for the conveyance of 
        the Federal reversionary interest under this subsection, the 
        District shall pay to the Secretary an amount equal to the 
        appraised value of the Federal interest, as determined under 
        paragraph (3). The consideration shall be paid not later than 
        30 days after the date of the conveyance.
            (5) Costs of conveyance.--As a condition of the conveyance 
        under this subsection, all costs associated with the 
        conveyance, including the cost of the survey required by 
        paragraph (2) and the appraisal required by paragraph (3), 
        shall be paid by the District.

SEC. 5. GAMING PROHIBITION.

    The Tribe may not conduct gaming activities on lands taken into 
trust pursuant to this Act, either as a matter of claimed inherent 
authority, under the authority of any Federal law, including the Indian 
Gaming Regulatory Act (25 U.S.C. 2701 et seq.), or under regulations 
promulgated by the Secretary or the National Indian Gaming Commission.

SEC. 6. WATER RIGHTS.

    (a) In General.--There shall be no Federal reserved right to 
surface water or groundwater for any land taken into trust by the 
United States for the benefit of the Tribe under this Act.
    (b) State Water Rights.--The Tribe retains any right or claim to 
water under State law for any land taken into trust by the United 
States for the benefit of the Tribe under this Act.
    (c) Forfeiture or Abandonment.--Any water rights that are 
appurtenant to land taken into trust by the United States for the 
benefit of the Tribe under this Act may not be forfeited or abandoned.
    (d) Administration.--Nothing in this Act affects or modifies any 
right of the Tribe or any obligation of the United States under Public 
Law 95-375.
                                                       Calendar No. 370

115th CONGRESS

  2d Session

                               H. R. 1404

                          [Report No. 115-222]

_______________________________________________________________________

                                 AN ACT

 To provide for the conveyance of certain land inholdings owned by the 
 United States to the Tucson Unified School District and to the Pascua 
                        Yaqui Tribe of Arizona.

_______________________________________________________________________

                             April 10, 2018

                       Reported without amendment