[Congressional Record Volume 151, Number 42 (Tuesday, April 12, 2005)]
[House]
[Pages H1865-H1867]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       COLORADO RIVER INDIAN RESERVATION BOUNDARY CORRECTION ACT

  Mr. DUNCAN. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 794) to correct the south boundary of the Colorado River 
Indian Reservation in Arizona, and for other purposes.
  The Clerk read as follows:

                                H.R. 794

       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 lands 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.

[[Page H1866]]

       (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 ``Colorado River Indian Reservation Boundary 
     Correction Act, and dated January 4, 2005'', (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 
Tennessee (Mr. Duncan) and the gentleman from Arizona (Mr. Grijalva) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Tennessee (Mr. Duncan).


                             General Leave

  Mr. DUNCAN. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Tennessee?
  There was no objection.
  Mr. DUNCAN. Madam Speaker, I yield myself such time as I may consume.
  H.R. 794, which is sponsored by the gentleman from Arizona (Mr. 
Grijalva), corrects an historic injustice to the Colorado River Indian 
Tribes. It is substantially identical to H.R. 2941, legislation that 
was passed in the House last year but was not considered in the Senate.
  Passage of this measure is long overdue. It restores 16,000 acres of 
public lands in Arizona to the Colorado River Indian Reservation 
wrongfully excluded from the reservation over 90 years ago.
  Created by an Act of Congress in 1865, the reservation was expanded 
by President Grant in order to prevent encroachment by non-Indians. The 
expansion included a 16,000-acre area called the La Paz lands.
  The La Paz expansion did not hold up for very long. The original 
surveys to affix the boundary of the La Paz addition were rescinded by 
President Wilson. A survey of dubious merit, apparently at the behest 
of people who coveted the Tribes' lands, was substituted for the valid 
surveys. As a result, the La Paz lands were excluded from the 
reservation.
  All credible evidence indicates that the La Paz lands were wrongly 
deleted from the Tribes' reservation. Subsequent attempts to restore 
them a few times during the 1900s did not meet with success.
  H.R. 794 finally restores the La Paz lands to its rightful owner, 
subject to valid, existing rights and interests and excluding certain 
parcels owned by the State of Arizona. The bill requires the boundary 
line of the reservation to reflect the addition of these lands.
  As I explained, with one minor exception, this bill is exactly the 
same as H.R. 2941 that was passed by the House last year but went no 
further. The only difference is the title of the map has been changed 
to correct a typographical error.
  Because this measure is unchanged from what the House approved last 
year, I urge my colleagues today to pass H.R. 794. With Congress' help, 
the Colorado River Indian Tribes can finally put this justice behind 
them. I urge adoption of the bill.
  Madam Speaker, I reserve the balance of my time.
  Mr. GRIJALVA. Madam Speaker, I yield myself such time as I may 
consume.
  I want to thank the gentleman from Tennessee (Mr. Duncan) for his 
comments and his leadership on this very important issue to native 
peoples in my district.
  The Colorado River Indian Reservation Boundary Correction Act, H.R. 
794, will correct a long-standing injustice. In the early part of the 
20th century, nearly 16,000 acres of land known as the La Paz lands 
were stripped from the Colorado River Indian Tribes' reservation by 
executive order in response to heavy lobbying from a private mining 
company that wanted to mine for silver on the land. The Tribes were 
never provided with an opportunity to challenge the decision, nor were 
they ever compensated for the loss of their land.
  Subsequent reviews by the Department of Interior concluded the lands 
were inappropriately removed from the reservation and should be 
returned to the Tribes. Senator Barry Goldwater recognized this fact 
when he introduced similar legislation to restore those lands years 
ago. He stated during the hearing before the Senate Indian Affairs 
Committee that his grandfather, who had settled in the Ehrenberg area, 
had long recognized that the La Paz lands were Indian lands.
  Madam Speaker, the lands that will be returned to the Tribes under 
this legislation were part of their reservation for almost 40 years 
prior to the 1915 executive order. This is not an expansion of the 
Tribes' reservation. It is a restoration of the original reservation 
based on accepted Department of Interior surveys.
  H.R. 794 will return 15,375 acres of land to the Tribes. These lands 
hold cultural and spiritual value for the Tribes, as well as potential 
for economic development.
  During the almost 90 years that the land has been under the 
jurisdiction of

[[Page H1867]]

the Bureau of Land Management, certain activities have taken place 
there. The legislation ensures that existing uses may continue. The 
Tribes have agreed to honor existing mining claims, right of way, 
utility corridors, hunting, and public access.
  In addition, several provisions have been added related to water 
rights and prohibition of gaming on the lands. While I feel that these 
restrictions may impose upon tribal sovereignty, the Tribe itself has 
indicated its willingness to accept these provisions in order to 
achieve passage of the legislation, and I defer to them on that matter.
  Madam Speaker, this bill honors our agreements and our commitments to 
the Native peoples of my district by returning what rightfully belongs 
to them. I am pleased to be joined by my colleagues from Arizona and 
California on both sides of the aisle in promoting this long-overdue 
legislation, and I particularly want to thank the leadership within the 
Committee on Resources for making this bill a priority for passage 
again in this Congress. It is my joy to see this important piece of 
legislation move to the House floor and come one step closer to 
resolution. The Colorado River Indian people have been waiting 90 years 
for return of their lands, and it is my hope that they will not wait 
much longer.
  Madam Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. DUNCAN. Madam Speaker, I urge passage of this bill. I have no 
further requests for time, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Tennessee (Mr. Duncan) that the House suspend the rules 
and pass the bill, H.R. 794.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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