[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4032 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 699
115th CONGRESS
  2d Session
                                H. R. 4032

                          [Report No. 115-399]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 18, 2018

  Received; read twice and referred to the Committee on Indian Affairs

                           November 29, 2018

               Reported by Mr. Hoeven, without amendment

_______________________________________________________________________

                                 AN ACT


 
To confirm undocumented Federal rights-of-way or easements on the Gila 
  River Indian Reservation, clarify the northern boundary of the Gila 
 River Indian Community's Reservation, to take certain land located in 
 Maricopa County and Pinal County, Arizona, into trust for the benefit 
      of the Gila River Indian Community, 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 ``Gila River Indian Community Federal 
Rights-of-Way, Easements and Boundary Clarification Act''.

SEC. 2. PURPOSES.

    The purposes of this Act are to--
            (1) establish, ratify, document, and confirm the Federal 
        electrical, irrigation, and road rights-of-way and easements 
        that exist within the exterior boundaries of the Reservation as 
        of the date of the enactment of this Act;
            (2) establish a fixed location of the northern boundary of 
        the Reservation and to provide for the Secretary of the 
        Interior to ensure that the northern boundary is resurveyed and 
        marked in conformance with the public system of surveys;
            (3) authorize and direct the Secretary to place certain 
        lands into trust for the benefit of the Community;
            (4) substitute the benefits provided under this Act to the 
        Community, its members and allottees for any claims that the 
        Community, its members and allottees may have had in connection 
        with alleged failures relating to the northern boundary of the 
        Reservation and the documentation and management of Federal 
        rights-of-way on the Reservation; and
            (5) authorize the funds necessary for the United States to 
        meet the obligations under this Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Allottee.--The term ``allottee'' means a person who 
        holds a beneficial real property interest in an Indian 
        allotment that is--
                    (A) located within the exterior boundaries of the 
                Reservation; and
                    (B) held in trust by the United States.
            (2) Community.--The term ``Community'' means the Gila River 
        Indian Community, a government composed of members of the Pima 
        Tribe and the Maricopa Tribe and organized under section 16 of 
        the Act of June 18, 1934 (25 U.S.C. 5123).
            (3) Disputed area.--The term ``Disputed Area'' means the 
        land north of the Harrington Survey line and south of the 
        middle of the Salt River (as it currently flows).
            (4) Executive order.--The term ``Executive Order'' means 
        the Executive order executed by President R.B. Hayes on June 
        14, 1879.
            (5) Federal and tribal facilities.--The term ``Federal and 
        Tribal Facilities'' means any and all structures, improvements, 
        and appurtenances associated with roadways, canals, power 
        lines, and other projects constructed for the benefit of the 
        Community and its members. Thus, ``Federal and Tribal 
        Facilities'' refers to--
                    (A) Indian Reservation Road (IRR) transportation 
                facilities, including public roads, bridges, drainage 
                structures, culverts, ferry routes, marine terminals, 
                transit facilities, boardwalks, pedestrian paths, 
                trails, and their appurtenances, and other 
                transportation facilities, as designated by the 
                Community and the Secretary and defined in section 
                170.5 of title 25, Code of Federal Regulations;
                    (B) Federal irrigation facilities included in the 
                San Carlos Irrigation Project, the irrigation project 
                authorized under the Act of June 7, 1924 (43 Stat. 
                475), including all structures and appurtenant works 
                within the San Carlos Irrigation Project for the 
                delivery, diversion, and storage of irrigation water, 
                as defined in section 171.100 of title 25, Code of 
                Federal Regulations; and
                    (C) Federal electric distribution facilities 
                included in the San Carlos Irrigation Project--Electric 
                Services, including all structures and appurtenant 
                works for the delivery of electric power on the 
                Reservation that are part of that project.
            (6) Lower sonoran lands.--The term ``Lower Sonoran Lands'' 
        means the approximately 3,400 acres of land--
                    (A) owned by the United States and administered by 
                the Secretary through the Bureau of Land Management 
                that have been identified and designated for disposal 
                by the Bureau of Land Management under the Federal Land 
                Policy and Management Act of 1976 (43 U.S.C. 1701 et 
                seq.) in the Lower Sonoran Resource Management Plan 
                (September 2012);
                    (B) located in Sections 1, 2, 3, 11, and 12, 
                Township 2 South, Range 1 West, contiguous to the 
                northwest boundary of the Community's existing 
                Reservation; and portions of Sections 16 and 17, 
                Township 5 South, Range 5 East, contiguous to the 
                southern boundary of the Community's existing 
                Reservation; and
                    (C) that the Community shall acquire pursuant to 
                the Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1701 et seq.).
            (7) Harrington survey.--The term ``Harrington Survey'' 
        means the Dependent Resurvey of a Portion of Township 1 North, 
        Range 1 East, Gila and Salt River Meridian, Arizona, Gila River 
        Indian Reservation, conducted by Guy P. Harrington, as shown on 
        the plat and described in the field notes at Book 3384, 
        approved September 2, 1920, and officially filed on November 3, 
        1920, on file with the Bureau of Land Management.
            (8) Reservation.--The term ``Reservation'' means the land 
        located within the exterior boundaries of the reservation 
        created under sections 3 and 4 of the Act of February 28, 1859 
        (11 Stat. 401, chapter LXVI), and Executive orders of August 
        31, 1876, June 14, 1879, May 5, 1882, November 15, 1883, July 
        31, 1911, June 2, 1913, August 27, 1914, and July 19, 1915, and 
        any other lands placed in trust for the benefit of the 
        Community.
            (9) Row, easements, and federal and tribal facilities 
        map.--The term ``ROW, Easements, and Federal and Tribal 
        Facilities Map'' means the map depicting the Federal rights-of-
        way, easements, and Federal and Tribal facilities that exist 
        within the exterior boundaries of the Reservation on the date 
        of enactment of this Act, which map is submitted to Congress as 
        part of the Congressional record accompanying this Act.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. LAND INTO TRUST FOR BENEFIT OF THE COMMUNITY.

    (a) In General.--The Secretary shall take the Lower Sonoran Lands 
into trust for the benefit of the Community, after the Community--
            (1) conveys to the Secretary all right, title, and interest 
        of the Community in and to the Lower Sonoran Lands;
            (2) submits to the Secretary a request to take the Lower 
        Sonoran Lands into trust for the benefit of the Community;
            (3) conducts a survey (to the satisfaction of the 
        Secretary) to determine the exact acreage and legal description 
        of the Lower Sonoran Lands, if the Secretary determines a 
        survey is necessary; and
            (4) pays all costs of any survey conducted under paragraph 
        (3).
    (b) Availability of Lower Sonoran Lands Map.--Not later than 180 
days after the Lower Sonoran Lands are taken into trust under 
subsection (a), the map shall be on file and available for public 
inspection in the appropriate offices of the Secretary.
    (c) Lands Taken Into Trust as Part of Reservation.--After the date 
on which the Lower Sonoran Lands are taken into trust under subsection 
(a), those lands shall be treated as part of the Reservation.
    (d) Gaming.--Class II and class III gaming under the Indian Gaming 
Regulatory Act (25 U.S.C. 2701 et seq.) shall not be allowed at any 
time on the land taken into trust under subsection (a).
    (e) Description.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall cause the full metes-and-
bounds description of the Lower Sonoran Lands to be published in the 
Federal Register. The description shall, on publication, constitute the 
official description of the Lower Sonoran Lands.

SEC. 5. ESTABLISHMENT OF FIXED NORTHERN BOUNDARY.

    (a) In General.--The Northern boundary of the Reservation created 
by the Executive Order is hereby modified in accordance with this 
section and shall be fixed, permanent, and not ambulatory.
    (b) Modification of North Boundary.--That portion of the 
Reservation boundary created by the Executive Order as along the middle 
of the Salt River shall be modified to be a fixed and permanent 
boundary as established by the Harrington Survey of the north boundary 
of the Reservation, as shown on the plat and described in the field 
notes.
    (c) Resurvey and Marking.--Subject to available appropriations, the 
Secretary shall ensure that the modified Reservation boundary as 
described in subsection (b) is surveyed and clearly marked in 
conformance with the public system of surveys.
    (d) Effect.--The Reservation boundary as modified and resurveyed by 
subsections (b) and (c) shall become the north boundary of the 
Reservation in all respects and upon all the same terms as if such 
lands had been included in the Executive Order. No other portion of the 
Reservation boundary shall be affected by this Act except as 
specifically set forth in this Act.
    (e) Publication.--The Secretary shall publish in the Federal 
Register this modification and the resurvey of the Community's 
reservation boundary, as set forth in subsections (b) and (c), which 
shall constitute the fixed northern boundary of the Reservation.

SEC. 6. SATISFACTION AND SUBSTITUTION OF CLAIMS.

    (a) Intent of Congress.--It is the intent of Congress to provide to 
the Community, its members, and allottees benefits that are equivalent 
to or exceed the claims the Community, its members, and allottees may 
possess as of the date of the enactment of this Act, taking into 
consideration--
            (1) the potential risks, cost, and time delay associated 
        with litigation;
            (2) the cultural and historic significance of the Lower 
        Sonoran Lands to the Community, its members, and allottees;
            (3) the benefit to the Community, its members, and 
        allottees associated with having a fixed northern boundary of 
        the Reservation;
            (4) the benefits that will accrue to the Community, its 
        members, and allottees resulting from the legal confirmation of 
        Federal electrical, irrigation, and road rights-of-way as 
        provided under this Act; and
            (5) the availability of appropriations under this Act.
    (b) In General.--The benefits realized by the Community, its 
members, and allottees under this Act shall be in complete replacement 
of and substitution for, and full satisfaction of all claims that the 
Community, its members, and allottees may have had against the United 
States--
            (1) relating to the United States alleged failure to 
        legally establish and document Federal rights-of-way on the 
        Reservation through the date of enactment of this Act; and
            (2) for the United States alleged failure to establish, 
        maintain and defend the Community's northern boundary of the 
        Reservation through the date of the enactment of this Act.
    (c) Effective Date.--This section shall become effective on the 
later of the date on which the Secretary--
            (1) publishes in the Federal Register the notice required 
        under section 4(e);
            (2) publishes in the Federal Register the notice required 
        under section 5(e); and
            (3) completes the surveys for the Federal rights-of-way 
        required under this Act.

SEC. 7. FEDERAL RIGHTS-OF-WAY.

    (a) Established, Ratified, and Confirmed.--All of the rights-of-way 
depicted in the ROW, Easements, and Federal and Tribal Facilities Map 
accompanying this Act are hereby established, ratified, and confirmed. 
The specific position and dimensions of such rights-of-way are to be 
determined following a survey conducted in accordance with section 8.
    (b) Recordation.--All of the rights-of-way established, ratified, 
and confirmed in subsection (a) shall be recorded with the Land Titles 
and Records Office following each survey conducted in accordance with 
section 8.
    (c) Grantee or Applicant.--The Federal Government shall be 
considered the grantee or applicant for any and all rights-of-way 
established pursuant to this Act.
    (d) Cancellation.--Any rights-of-way established by this Act may be 
cancelled pursuant to sections 404-409 of title 25, Federal Code of 
Regulations, or upon written request by the Community to the Secretary 
to remove the rights-of-way from the ROW, Easements, and Federal and 
Tribal Facilities Map subject to otherwise applicable law regarding 
rights-of-way on the Reservation. Any request for cancellation action 
by the Community shall be formally documented by tribal resolution.
    (e) Other Interests in Land.--Notwithstanding any law, the granting 
of any rights-of-way or easement other than those depicted in the ROW, 
Easements, and Federal and Tribal Facilities Map accompanying this Act, 
or any future additions, expansions or modifications of any of the 
rights-of-way or easement established, ratified, and confirmed in 
subsection (a), may only be done in accordance with all applicable laws 
and regulations. All other rights-of-ways or easements on the 
Reservation shall be valid only to the extent that they have been 
established in accordance with applicable Federal statute and 
regulation specifically governing rights-of-ways or easements on Indian 
lands.

SEC. 8. SURVEY.

    (a) Completion and Publication.--Not later than 6 years after the 
date of the enactment of this Act, the Bureau of Indian Affairs shall 
undertake and complete a survey of each of the Federal rights-of-way 
established under this Act. A retroactive grant of easement shall be 
required upon completion of each survey of each of the Federal rights-
of-way established under this Act. The Bureau of Indian Affairs shall 
cause the surveys undertaken pursuant to this Act to be published in 
the Federal Register.
    (b) Contract.--The Bureau of Indian Affairs is authorized, subject 
to appropriations, to contract for the survey of all Federal rights-of-
way established pursuant to this Act to the Community or a third party.
    (c) Deletions.--Upon completion of the surveys authorized and 
undertaken pursuant to subsection (a), the Community and the Bureau of 
Indian Affairs may determine that anomalies exist with respect to 
certain Federal rights-of-way such that deletion of such Federal right-
of-way from the ROW, Easements, and Federal and Tribal Facilities Map 
is appropriate and such Federal right-of-way may be removed from the 
ROW, Easements, and Federal Tribal Facilities Map.

SEC. 9. HUNT HIGHWAY.

    Nothing in this Act shall establish, terminate, or otherwise impact 
any right-of-way or easement associated with Hunt Highway in Pinal 
County, Arizona, including the portion of Hunt Highway that traverses 
the Reservation.
                                                       Calendar No. 699

115th CONGRESS

  2d Session

                               H. R. 4032

                          [Report No. 115-399]

_______________________________________________________________________

                                 AN ACT

To confirm undocumented Federal rights-of-way or easements on the Gila 
  River Indian Reservation, clarify the northern boundary of the Gila 
 River Indian Community's Reservation, to take certain land located in 
 Maricopa County and Pinal County, Arizona, into trust for the benefit 
      of the Gila River Indian Community, and for other purposes.

_______________________________________________________________________

                           November 29, 2018

                       Reported without amendment