Congressional Record, Volume 162 Issue 89 (Tuesday, June 7, 2016)

[Congressional Record Volume 162, Number 89 (Tuesday, June 7, 2016)]
[House]
[Pages H3489-H3490]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

PASCUA YAQUI TRIBE LAND CONVEYANCE ACT

Mr. HARDY. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 2009) 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 2009

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 one 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 (25 U.S.C. 1300f et
seq.).

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Nevada (Mr. Hardy) and the gentleman from Missouri (Mr. Clay) each will
control 20 minutes.
The Chair recognizes the gentleman from Nevada.

General Leave

Mr. HARDY. Mr. Speaker, I ask unanimous consent that all Members have
5 legislative days to revise and extend their remarks and to include
any extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Nevada?
There was no objection.
Mr. HARDY. Mr. Speaker, I yield myself such time as I may consume.
I rise today in support of H.R. 2009, which would authorize a land
exchange involving the Pacific Yaqui Tribe, the Tucson Unified School
District, and the Department of the Interior. Specifically, the bill
would require the Secretary of the Interior to place 40 acres of
adjacent public land into trust for the tribe upon conveyance to the
United States from the Tucson Unified School District.
According to the tribe, acquiring these lands will help with
reservation access and prevent or control flooding during significant
rain events. According to the tribe, heavy rain events occur frequently
during Tucson's monsoon season.

{time} 1800

The bill would also require the conveyance of a 13-acre parcel of
public land to the Tucson Unified School District and eliminate a
revisionary interest held by the United States in a 27-acre parcel
previously patented to the Tucson Unified School District under

[[Page H3490]]

the Recreation and Public Purposes Act. The bill would also require the
Tucson Unified School District to pay fair market value for the land
and the revisionary interest received.
I want to thank the ranking member from the Committee on Natural
Resources for his efforts on the legislation and urge an ``aye'' vote.
Mr. Speaker, I reserve the balance of my time.
Mr. CLAY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I yield 3 minutes to the gentleman from Arizona (Mr.
Grijalva), the sponsor and my good friend, and commend him for bringing
this legislation to the floor.
Mr. GRIJALVA. Mr. Speaker, let me thank the gentleman from Missouri
for his support of the legislation.
As we heard, H.R. 2009 is the culmination of a longstanding land
agreement between Tucson Unified School District, TUSD, and the Pascua
Yaqui Tribe.
Last Congress we finalized the first part of the agreement with the
passage and signing of H.R. 507, which conveyed two 10-acre parcels to
the tribe. Passage of this bill will complete the second part of the
agreement to the mutual benefit of both parties involved as well as the
surrounding communities.
The 40-acre parcel of land referenced in the bill is currently deeded
to TUSD under the Recreation and Public Purposes Act, but TUSD has no
intention of using the land for the stated purpose. Instead, the tribe
will be able to utilize the parcel to construct flood control measures
to protect the reservation and surrounding communities from flash
flooding during Arizona monsoon season.
Additionally, the land conveyed to TUSD will allow the district to
better plan for future expansion and best use scenarios without the
encumbrances encountered under the Recreation and Public Purposes Act.
I would like to note that the tribe and TUSD have had, and continue
to have, a great working relationship, especially when it comes to the
land use decisions around the Pascua Yaqui reservation. This bill is a
direct result of that relationship and was negotiated with input from
all parties involved and with an eye to the most effective use of the
parcels.
In closing, let me take the time to thank Chairman Young and Ranking
Member Ruiz for their work on the legislation in the subcommittee; and,
of course, a special thanks to Chairman Bishop for working with me to
bring it to the floor today. I urge adoption of the legislation.
Mr. HARDY. Mr. Speaker, I would like to inform my colleague I have no
further speakers.
I reserve the balance of my time.
Mr. CLAY. Mr. Speaker, I want to again thank Ranking Member Grijalva
for bringing forward this legislation. I urge its quick adoption.
I yield back the balance of my time.
Mr. HARDY. Mr. Speaker, I yield back the balance of my time also.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Nevada (Mr. Hardy) that the House suspend the rules and
pass the bill, H.R. 2009, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.

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