Pascua Yaqui Mineral Rights Act of 2006

        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 631 Placed on Calendar Senate (PCS)]

Calendar No. 608
109th CONGRESS
2d Session
H. R. 631

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

September 13, 2006

Received; read twice and placed on the calendar

_______________________________________________________________________

AN ACT

To provide for acquisition of subsurface mineral rights to land owned
by the Pascua Yaqui Tribe and land held in trust for the Tribe, and for
other purposes.

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 Mineral Rights Act of
2006''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) State.--The term ``State'' means the State of Arizona.
(3) Tribe.--The term ``Tribe'' means the Pascua Yaqui
Tribe.

SEC. 3. ACQUISITION OF SUBSURFACE MINERAL INTERESTS.

(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in coordination with the Attorney
General of the United States and with the consent of the State, shall
acquire through eminent domain the following:
(1) All subsurface rights, title, and interests (including
subsurface mineral interests) held by the State in the
following tribally-owned parcels:
(A) Lot 2, sec. 13, T. 15 S., R. 12 E., Gila and
Salt River Meridian, Pima County Arizona.
(B) Lot 4, W\1/2\SE\1/4\, sec. 13, T. 15 S., R. 12
E., Gila and Salt River Base & Meridian, Pima County,
Arizona.
(C) NW\1/4\NW\1/4\, N\1/2\NE\1/4\NW\1/4\, SW\1/
4\NE\1/4\NW\1/4\, sec. 24, T. 15 S., R. 12 E., Gila and
Salt River Base & Meridian, Pima County Arizona.
(D) Lot 2 and Lots 45 through 76, sec. 19, T. 15
S., R. 13 E., Gila and Salt River Base & Meridian, Pima
County, Arizona.
(2) All subsurface rights, title, and interests (including
subsurface mineral interests) held by the State in the
following parcels held in trust for the benefit of Tribe:
(A) Lots 1 through 8, sec. 14, T. 15 S., R. 12 E.,
Gila and Salt River Base & Meridian, Pima County,
Arizona.
(B) NE\1/4\SE\1/4\, E\1/2\NW\1/4\SE\1/4\, SW\1/
4\NW\1/4\SE\1/4\, N\1/2\SE\1/4\SE\1/4\, SE\1/4\SE\1/
4\SE\1/4\, sec. 14, T. 15 S., R. 12 E., Gila and Salt
River Base & Meridian, Pima County, Arizona.
(b) Consideration.--Subject to subsection (c), as consideration for
the acquisition of subsurface mineral interests under subsection (a),
the Secretary shall pay to the State an amount equal to the market
value of the subsurface mineral interests acquired, as determined by--
(1) a mineral assessment that is--
(A) completed by a team of mineral specialists
agreed to by the State and the Tribe; and
(B) reviewed and accepted as complete and accurate
by a certified review mineral examiner of the Bureau of
Land Management;
(2) a negotiation between the State and the Tribe to
mutually agree on the price of the subsurface mineral
interests; or
(3) if the State and the Tribe cannot mutually agree on a
price under paragraph (2), an appraisal report that is--
(A)(i) completed by the State in accordance with
subsection (d); and
(ii) reviewed by the Tribe; and
(B) on a request of the Tribe to the Bureau of
Indian Affairs, reviewed and accepted as complete and
accurate by the Office of the Special Trustee for
American Indians of the Department of the Interior.
(c) Conditions of Acquisition.--The Secretary shall acquire
subsurface mineral interests under subsection (a) only if--
(1) the payment to the State required under subsection (b)
is accepted by the State in full consideration for the
subsurface mineral interests acquired;
(2) the acquisition terminates all right, title, and
interest of any party other than the United States in and to
the acquired subsurface mineral interests; and
(3) the Tribe agrees to fully reimburse the Secretary for
costs incurred by the Secretary relating to the acquisition,
including payment to the State for the acquisition.
(d) Determination of Market Value.--Notwithstanding any other
provision of law, unless the State and the Tribe otherwise agree to the
market value of the subsurface mineral interests acquired by the
Secretary under this section, the market value of those subsurface
mineral interests shall be determined in accordance with the Uniform
Appraisal Standards for Federal Land Acquisition, as published by the
Appraisal Institute in 2000, in cooperation with the Department of
Justice and the Office of Special Trustee for American Indians of the
Department of Interior.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions with respect to the acquisition of
subsurface mineral interests under this section as the Secretary
considers to be appropriate to protect the interests of the United
States and any valid existing right.

SEC. 4. INTERESTS TAKEN INTO TRUST.

(a) Land Transferred.--Subject to subsections (b) and (c),
notwithstanding any other provision of law, not later than 180 days
after the date on which the Tribe makes the payment described in
subsection (c), the Secretary shall take into trust for the benefit of
the Tribe the subsurface rights, title, and interests, formerly
reserved to the United States, to the following parcels:
(1) E\1/2\NE\1/4\, SW\1/4\NE\1/4\, sec. 14, T. 15 S., R. 12
E., Gila and Salt River Base & Meridian, Pima County, Arizona.
(2) W\1/2\SE\1/4\, SW\1/4\, sec. 24, T. 15 S., R. 12 E.,
Gila and Salt River Base & Meridian, Pima County, Arizona.
(b) Exceptions.--The parcels taken into trust under subsection (a)
shall not include--
(1) NE\1/4\SW\1/4\, sec. 24, except the southerly 4.19 feet
thereof;
(2) NW\1/4\SE\1/4\, sec. 24, except the southerly 3.52 feet
thereof; or
(3) S\1/2\SE\1/4\, sec. 23, T. 15 S., R. 12 E., Gila and
Salt River Base & Meridian, Pima County, Arizona.
(c) Consideration and Costs.--The Tribe shall pay to the Secretary
only the transaction costs relating to the assessment, review, and
transfer of the subsurface rights, title, and interests taken into
trust under subsection (a).

Passed the House of Representatives September 12, 2006.

Attest:

KAREN L. HAAS,

Clerk.
Calendar No. 608

109th CONGRESS

2d Session

H. R. 631

_______________________________________________________________________

AN ACT

To provide for acquisition of subsurface mineral rights to land owned
by the Pascua Yaqui Tribe and land held in trust for the Tribe, and for
other purposes.

_______________________________________________________________________

September 13, 2006

Received; read twice and placed on the calendar