H.R. 4222 (112th): Pascua Yaqui Tribe Trust Land Act

112th Congress, 2011–2013. Text as of Mar 20, 2012 (Introduced).

Status & Summary | PDF | Source: GPO

I

112th CONGRESS

2d Session

H. R. 4222

IN THE HOUSE OF REPRESENTATIVES

March 20, 2012

introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

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, and for other purposes.

1.

Definitions

For the purposes of this Act, the following definitions apply:

(1)

District

The term District means the Tucson Unified School District, a school district recognized as such under the laws of the State of Arizona.

(2)

Secretary

The term Secretary means the Secretary of the Interior.

(3)

Tribe

The term Tribe means the Pascua Yaqui Tribe of Arizona, a federally recognized Indian tribe.

2.

Conveyance of inholdings owned the United States and under the jurisdiction of the Bureau of Land Management to the district

(a)

Findings

Congress finds that the lands described in subsection (c)—

(1)

are directly adjacent to the District’s existing Hohokam School;

(2)

are not necessary for the welfare or benefit of the United States;

(3)

are irregularly shaped and not well suited to development or use, other than for recreational use;

(4)

are adjacent to the Black Wash area of Pima County, Arizona, and therefore are subject to seasonal flooding of the Black Wash; and

(5)

would be a valuable addition to the District’s Hohokam School Site playground area.

(b)

Conveyance

The Secretary shall convey the lands described in subsection (c) to the District by patent, in fee simple absolute, free and clear of the interests of the United States, but subject to any existing encumbrances, rights-of-way, or the like in favor of third parties.

(c)

Land description

The lands to be conveyed under subsection (b) are the not more than 13.24 acres Federal lands managed by the Secretary through the Bureau of Land Management and described as the NE ¼ of the NW ¼ of Section 19, Township 15 South, Range 13 East, Gila and Salt River Base and Meridian in the State of Arizona, except therefrom those lands conveyed by the U.S. to the District by Patent 02–97–0013 dated August 1, 1997, and recorded in the Office of the Pima County, Arizona Recorder on May 8, 2002, as instrument 20020890089.

3.

Conveyance of inholdings owned by the united states in fee and under the jurisdiction of the bureau of land management to the tribe

(a)

Findings

Congress finds that the lands described in subsection (c) are—

(1)

not more than 10 acres;

(2)

not necessary for the welfare or benefit of the United States; and

(3)

surrounded on all sides by lands not owned in fee by the United States for its own benefit.

(b)

Conveyance

The Secretary shall convey the lands described in subsection (c) to the Tribe by patent, in fee simple absolute, free and clear of the interests of the United States, but subject to any existing encumbrances, rights-of-way, or the like in favor of third parties.

(c)

Land description

The lands to be conveyed under subsection (b) are those Federal lands described as the SW ¼ of the SE ¼ of the SE ¼ of Section 14, Township 15 South, Range 12 East, Gila and Salt River Base and Meridian in the State of Arizona.

4.

Conveyance of inholdings of lands now owned by the district, but subject to a right of reversion to the United States and under the jurisdiction of the Bureau of Land Management, to the tribe in fee

(a)

Conveyance of parcel 1

(1)

Findings

Congress finds that the lands described in paragraph (3)—

(A)

are encumbered by a possessory interest of the District, which it acquired under the Recreation and Public Purposes Act of 1926 and a reversionary interest of the United States;

(B)

are not necessary for the welfare or benefit of the United States;

(C)

are surrounded on all sides by lands not owned in fee by the United States for its own benefit; and

(D)

have no current access to a public road.

(2)

Conveyance

The Secretary shall, immediately upon receipt from the District of an abandonment of its possessory interest in the lands described in paragraph (3), accept title to said lands as is without condition, and thereafter immediately convey such lands to the Tribe as is by patent, in fee simple absolute, fee and clear of the interests of the United States, but subject to any existing encumbrances, rights-of-way, or the like in favor of third parties.

(3)

Land description

The lands to be conveyed under paragraph (2) are the not more than 10 acres described as the NW ¼ of the NW ¼ of the SE ¼ of Section 14, Township 15 South, Range 12 East, Gila and Salt River Base and Meridian in the State of Arizona.

(b)

Conveyance of parcel 2

(1)

Findings

Congress finds that the lands described in paragraph (3) are—

(A)

encumbered by a possessory interest of the District, which it acquired under the Recreation and Public Purposes Act of 1926 and a reversionary interest of the United States;

(B)

not necessary for the benefit or welfare of the United States;

(C)

bisected by the Black Wash, which covers 1/3 to 1/2 of said lands;

(D)

located wholly within the 100-year flood plain; and

(E)

subject to seasonal flooding of the Black Wash.

(2)

Conveyance

The Secretary shall, immediately upon receipt from the District of an abandonment of its possessory interest in the lands described in paragraph (3), accept title to said lands as is without condition, and thereafter immediately convey such lands to the Tribe as is by patent in fee simple absolute, free and clear of the interests of the United States, but subject to any existing encumbrances, rights-of-way, or the like in favor of third parties.

(3)

Land description

The lands to be conveyed under paragraph (2) are the not more than 40 acres described as Government Lot 1 of Section 19, Township 15 South, Range 13 East, Gila and Salt River Base and Meridian in the State of Arizona, except therefrom the Westerly 75 feet thereof, and also except therefrom the Southerly 50 feet thereof.