[Congressional Record Volume 150, Number 119 (Tuesday, September 28, 2004)]
[House]
[Pages H7685-H7686]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       COLORADO RIVER INDIAN RESERVATION BOUNDARY CORRECTION ACT

  Mr. RADANOVICH. Madam Speaker, I move to suspend the rules and pass 
the bill (H.R. 2941) to correct the south boundary of the Colorado 
River Indian Reservation in Arizona, and for other purposes, as 
amended.
  The Clerk read as follows:

                               H.R. 2941

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE, FINDINGS, PURPOSES.

       (a) Short Title.--This Act may be cited as the ``Colorado 
     River Indian Reservation Boundary Correction Act''.
       (b) Findings.--Congress finds the following:
       (1) The Act of March 3, 1865, created the Colorado River 
     Indian Reservation (hereinafter ``Reservation'') along the 
     Colorado River in Arizona and California for the ``Indians of 
     said river and its tributaries''.
       (2) In 1873 and 1874, President Grant issued Executive 
     Orders to expand the Reservation southward and to secure its 
     southern boundary at a clearly recognizable geographic 
     location in order to forestall non-Indian encroachment and 
     conflicts with the Indians of the Reservation.
       (3) In 1875, Mr. Chandler Robbins surveyed the Reservation 
     (hereinafter ``the Robbins Survey'') and delineated its new 
     southern boundary, which included approximately 16,000 
     additional acres (hereinafter ``the La Paz lands''), as part 
     of the Reservation.
       (4) On May 15, 1876, President Grant issued an Executive 
     Order that established the Reservation's boundaries as those 
     delineated by the Robbins Survey.
       (5) In 1907, as a result of increasingly frequent 
     trespasses by miners and cattle and at the request of the 
     Bureau of Indian Affairs, the General Land Office of the 
     United States provided for a resurvey of the southern and 
     southeastern areas of the Reservation.
       (6) In 1914, the General Land Office accepted and approved 
     a resurvey of the Reservation conducted by Mr. Guy Harrington 
     in 1912 (hereinafter the ``Harrington Resurvey'') which 
     confirmed the boundaries that were delineated by the Robbins 
     Survey and established by Executive Order in 1876.
       (7) On November 19, 1915, the Secretary of the Interior 
     reversed the decision of the General Land Office to accept 
     the Harrington Resurvey, and upon his recommendation on 
     November 22, 1915, President Wilson issued Executive Order 
     No. 2273 ``. . . to correct the error in location said 
     southern boundary line . . .''--and thus effectively excluded 
     the La Paz from the Reservation.
       (8) Historical evidence compiled by the Department of the 
     Interior supports the conclusion that the reason given by the 
     Secretary in recommending that the President issue the 1915 
     Executive Order--``to correct an error in locating the 
     southern boundary''--was itself in error and that the La Paz 
     lands should not have been excluded from the Reservation.
       (9) The La Paz lands continue to hold cultural and 
     historical significance, as well as economic development 
     potential, for the Colorado River Indian tribes, who have 
     consistently sought to have such lands restored to their 
     Reservation.
       (c) Purposes.--The purposes of this Act are:
       (1) To correct the south boundary of the Reservation by 
     reestablishing such boundary as it was delineated by the 
     Robbins Survey and affirmed by the Harrington Resurvey.
       (2) To restore the La Paz lands to the Reservation, subject 
     to valid existing rights under Federal law and to provide for 
     continued reasonable public access for recreational purposes.
       (3) To provide for the Secretary of the Interior to review 
     and ensure that the corrected Reservation boundary is 
     resurveyed and marked in conformance with the public system 
     of surveys extended over such lands.

     SEC. 2. BOUNDARY CORRECTION, RESTORATION, DESCRIPTION.

       (a) Boundary.--The boundaries of the Colorado River Indian 
     Reservation are hereby declared to include those boundaries 
     as were delineated by the Robbins Survey, affirmed by the 
     Harrington Survey, and described as follows: The 
     approximately 15,375 acres of Federal land described as 
     ``Lands Identified for Transfer to Colorado River Indian 
     Tribes'' on the map prepared by the Bureau of Land Management 
     entitled ``H.R. 2981, Colorado River Indian Reservation 
     Boundary Correction Act, and dated May 14, 2004'', 
     (hereinafter referred to as the ``Map'')
       (b) Map.--The Map shall be available for review at the 
     Bureau of Land Management.
       (c) Restoration.--Subject to valid existing rights under 
     Federal law, all right, title, and interest of the United 
     States to those lands within the boundaries declared in 
     subsection (a) that were excluded from the Colorado River 
     Indian Reservation pursuant to Executive Order No. 2273 
     (November 22, 1915) are hereby restored to the Reservation 
     and shall be held in trust by the United States on behalf of 
     the Colorado River Indian Tribes.
       (d) Exclusion.--Excluded from the lands restored to trust 
     status on behalf of the Colorado River Indian Tribes that are 
     described in subsection (a) are 2 parcels of Arizona State 
     Lands identified on the Map as ``State Lands'' and totaling 
     320 acres and 520 acres.

     SEC. 3. RESURVEY AND MARKING.

       The Secretary of the Interior shall ensure that the 
     boundary for the restored lands described in section 2(a) is 
     surveyed and clearly marked in conformance with the public 
     system of surveys extended over such lands.

     SEC. 4. WATER RIGHTS.

       The restored lands described in section 2(a) and shown on 
     the Map shall have no Federal reserve water rights to surface 
     water or ground water from any source.

     SEC. 5. PUBLIC ACCESS.

       Continued access to the restored lands described in section 
     (2)(a) for hunting and other existing recreational purposes 
     shall remain available to the public under reasonable rules 
     and regulations promulgated by the Colorado River Indian 
     Tribes.

     SEC. 6. ECONOMIC ACTIVITY.

       (a) In General.--The restored lands described in section 
     (2)(a) shall be subject to all rights-of-way, easements, 
     leases, and mining claims existing on the date of the 
     enactment of this Act. The United States reserves the right 
     to continue all Reclamation projects, including the right to 
     access and remove mineral materials for Colorado River 
     maintenance on the restored lands described in section 
     (2)(a).
       (b) Additional Rights-of-way.--Notwithstanding any other 
     provision of law, the Secretary, in consultation with the 
     Tribe, shall grant additional rights-of-way, expansions, or 
     renewals of existing rights-of-way for roads, utilities, and 
     other accommodations to adjoining landowners or existing 
     right-of-way holders, or their successors and assigns, if--
       (1) the proposed right-of-way is necessary to the needs of 
     the applicant;
       (2) the proposed right-of-way acquisition will not cause 
     significant and substantial harm to the Colorado River Indian 
     Tribes; and
       (3) the proposed right-of-way complies with the procedures 
     in part 169 of title 25, Code of Federal Regulations 
     consistent with this subsection and other generally 
     applicable Federal laws unrelated to the acquisition of 
     interests on trust lands, except that section 169.3 of those 
     regulations shall not be applicable to expansions or renewals 
     of existing rights-of-way for roads and utilities.
       (c) Fees.--The fees charged for the renewal of any valid 
     lease, easement, or right-of-way subject to this section 
     shall not be greater than the current Federal rate for such a 
     lease, easement, or right-of-way at the time of renewal if 
     the holder has been in substantial compliance with all terms 
     of the lease, easement, or right-of-way.

     SEC. 7. GAMING.

       Land taken into trust under this Act shall neither be 
     considered to have been taken into trust for gaming nor be 
     used for gaming (as that term is used in the Indian Gaming 
     Regulatory Act (25 U.S.C. 2701 et seq.)).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Radanovich) and the gentleman from Arizona (Mr. 
Grijalva) each will control 20 minutes.
  The Chair recognizes the gentleman from California (Mr. Radanovich).
  Mr. RADANOVICH. Madam Speaker, I yield myself such time as I may 
consume.
  H.R. 2941, which is sponsored by the gentleman from Arizona (Mr. 
Grijalva), would restore about 16,000 acres of public lands in Arizona 
to the Colorado River Indian Reservation. Passage of this bill takes us 
one step closer to righting an historic injustice to the Colorado River 
Indian Tribes.
  I urge passage of the bill, and I will now allow the author to 
further explain the bill.
  Madam Speaker, I reserve the balance of my time.
  Mr. GRIJALVA. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, the Colorado River Indian Reservation Boundary 
Correction Act, as amended, will correct a longstanding injustice. In 
the early part of the 20th century, nearly 16,000 acres of land was 
stripped from the Colorado River Indian Tribes' reservation in response 
to heavy lobbying from a private mining company that wanted to open up 
a silver mine in the lands.
  The Tribes were never provided with an opportunity to challenge the 
decision, nor were they ever compensated for the loss their lands. 
Subsequent reviews by the Department of Interior concluded that the 
lands were inappropriately removed from the reservation and should be 
returned to the Tribes.

[[Page H7686]]

  This legislation does just that. Almost 90 years after the removal of 
the land, as amended, it would return that land to the reservation for 
the possibility of economic development, sacred and cultural importance 
to the Tribes. And it just strikes me that it is a very fitting bill. 
Just 1 week ago after the opening of the National Museum of the 
American Indian, which honors the indigenous people of this continent, 
this bill also honors our agreements and commitments to the native 
peoples of this land.
  I wish to thank all my colleagues and the leadership within the 
Committee on Resources and the staff for making this bill a priority 
for passage this session.
  Madam Speaker, I yield back the balance of my time.
  Mr. RADANOVICH. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Radanovich) that the House suspend the 
rules and pass the bill, H.R. 2941, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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