[Congressional Record Volume 163, Number 116 (Tuesday, July 11, 2017)]
[House]
[Pages H5405-H5407]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PASCUA YAQUI TRIBE LAND CONVEYANCE ACT
Mr. LaHOOD. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1404) 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.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1404
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:
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(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Illinois (Mr. LaHood) and the gentleman from California (Mr. Panetta)
each will control 20 minutes.
The Chair recognizes the gentleman from Illinois.
General Leave
Mr. LaHOOD. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
There was no objection.
Mr. LaHOOD. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 1404, the Pascua Yaqui
Tribe Land Conveyance Act, sponsored by the gentleman from Arizona (Mr.
Grijalva), the ranking member on the National Resources Committee.
H.R. 1404 would authorize a land exchange involving the Tribe, the
Tucson Unified School District, and the Department of the Interior.
Under the bill, a 39.65-acre parcel of land currently held by the
district shall be placed in trust for the benefit of the Tribe if the
district relinquishes all right, title, and interest to it.
A 13.24-acre parcel of land shall be sold by the U.S. to the district
at fair market value, and a Federal interest of 27.5 acres of land held
by the district shall be cleared in exchange for the district paying
the appraised value of the Federal interest. The Federal interest is a
reversionary interest imposed on certain land patented to the district
under the Recreation and Public Purposes Act of 1926.
All transfers under the bill are subject to valid existing rights.
Gaming pursuant to the Indian Gaming Regulatory Act would be prohibited
on lands taken into trust under the bill.
This bill is substantively similar to the bill the House passed
during the 114th Congress.
Mr. Speaker, I thank the sponsor. I urge adoption of the measure, and
I reserve the balance of my time.
Mr. PANETTA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this legislation represents the final part of a
collaborative land agreement between the Pascua Yaqui Tribe, located in
southern Arizona, and the Tucson Unified School District, TUSD.
H.R. 1404 will transfer a 40-acre parcel currently managed by TUSD
under the Recreation and Public Purposes Act into a trust for the
Tribe. Two additional parcels of land will be transferred to the TUSD,
provided that the TUSD pays fair market value so that it may better
plan for the future needs of the school district in the areas near the
Tribe's reservation.
I want to commend the gentleman from Arizona (Mr. Grijalva), the
ranking member and sponsor of the bill, not only for his leadership on
the Natural Resources Committee, but for bringing this legislation
forward.
Mr. Speaker, I reserve the balance of my time.
Mr. LaHOOD. Mr. Speaker, I reserve the balance of my time.
Mr. PANETTA. Mr. Speaker, I yield as much time as he may consume to
the gentleman from Arizona (Mr. Grijalva).
Mr. GRIJALVA. Mr. Speaker, I thank the gentleman from California for
yielding.
Mr. Speaker, H.R. 1404, as was stated by my two colleagues, is a
culmination of a longstanding land agreement between Tucson Unified
School District and the Pascua Yaqui Tribe. In the 113th Congress, we
finalized part of that agreement with the passage and signing of H.R.
507, which conveyed the two 10-acre parcels.
Both of my colleagues have stated the purpose of the legislation, the
need for the legislation. The passage of this bill will complete the
second part of that agreement, and both parties involved, as well as
the surrounding communities, all see mutual benefit in this.
Mr. Speaker, I hope that the bill is acted upon positively, that it
passes.
Mr. Speaker, I want to thank Chairman Bishop for his cooperation in
working with our staff to bring this to the floor today, and I urge its
adoption.
Mr. LaHOOD. Mr. Speaker, I have no additional speakers, and I reserve
the balance of my time.
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Mr. PANETTA. Mr. Speaker, briefly, the bill is identical to H.R.
2009, which passed in the 114th Congress by voice vote. That is why, as
well as what we have heard today, I urge quick adoption of this
legislation once again.
Mr. Speaker, I yield back the balance of my time.
Mr. LaHOOD. Mr. Speaker, I urge adoption of this legislation, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Illinois (Mr. LaHood) that the House suspend the rules
and pass the bill, H.R. 1404.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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