[Congressional Record (Bound Edition), Volume 163 (2017), Part 7]
[House]
[Pages 10334-10335]
[From the U.S. 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:
       (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.

[[Page 10335]]

  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.
  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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