H.R. 2009 — what changed
Pascua Yaqui Tribe Land Conveyance Act
From Introduced in House to Reported in House.
5 sections amended and 1 added between Introduced in House and Reported in House.
changed
This Act may be cited as the “Pascua Yaqui Tribe Land Conveyance Act of 2015”.Act”.
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)
changed
Map— The term Map “Map” means the map titled “PYT ‘“Pascua Yaqui Tribe Land Department/2015/BLM Congressional Bill”.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)
changed
Parcel A— In the event that the District conveys all of its 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 land Federal lands generally depicted on the Map map as Parcel A, to which the United States holds a reversionary interest under the Recreation and Public Purposes Act, “Parcel A” are declared to the United States, Parcel A shall be accepted by the United States and held in trust by the United States for the benefit of the Tribe as part of the Pascua Yaqui Tribal Reservation.Tribe.
(b)
changed
Parcel B—Effective date— Subject to subsection Subsection (a) and valid and existing rights, shall take effect on the day after the date on which the District relinquishes all right, title, and interest of the United States District in and to the approximately 13.24 39.65 acres of Federal lands generally depicted on the Map as Parcel B shall be conveyed to the District by patent without reservation of rights by the United States.land described in subsection (a).
(c)
removed
Parcel C— Subject to valid and existing rights, the United States hereby waives and gives up, all reversionary interest otherwise retained under the Recreation and Public Purposes Act in and to the approximately 27.50 acres of the land generally depicted on the Map as Parcel C and said lands shall thereafter be deemed held by the District free and clear of any claims of the United States.
(d)
removed
Effective date— Subsections (a) and (b) shall take effect on the day after the District conveys all right, title, and interest of the District in and to the approximately 39.65 acres of land depicted on the Map as Parcel A to the United States.
Sec. 4
Lands to be conveyed to the district
(1)
added
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)
added
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)
added
Costs of conveyance— As a condition of the conveyance under this subsection, all costs associated with the conveyance shall be paid by the District.
(1)
added
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 Association 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)
added
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)
added
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)
added
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)
added
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.
removed
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. 5
Gaming prohibition
added
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.
(a)
removed
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)
removed
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)
removed
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)
removed
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.).
Sec. 6
Water rights
added
(a)
added
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)
added
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)
added
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)
added
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.).