[Congressional Record (Bound Edition), Volume 162 (2016), Part 6]
[House]
[Pages 7922-7923]
[From the U.S. 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 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.

[[Page 7923]]

  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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