[Congressional Record Volume 164, Number 120 (Tuesday, July 17, 2018)]
[House]
[Pages H6340-H6342]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   GILA RIVER INDIAN COMMUNITY FEDERAL RIGHTS-OF-WAY, EASEMENTS AND 
                       BOUNDARY CLARIFICATION ACT

  Mr. McCLINTOCK. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4032) 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4032

       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.

[[Page H6341]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. McClintock) and the gentleman from Arizona (Mr. 
Grijalva) each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. McCLINTOCK. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. McCLINTOCK. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I urge adoption of H.R. 4032, the Gila River Indian 
Community Federal-Rights-of-Way, Easements and Boundary Clarification 
Act, introduced by Congressman O'Halleran of Arizona.
  The Gila River Indian Reservation was established in 1859 and later 
expanded by a series of executive orders

[[Page H6342]]

in Maricopa and Pinal Counties, Arizona. In 2006, the Tribe sued the 
Federal Government, alleging a breach of the United States' fiduciary 
duty for its failure to accurately survey the reservation's 
northwesterly boundary, resulting in the patenting of land along the 
Salt River to non-Indians.
  The Tribe also asserted a failed duty to document rights-of-way 
across the reservation, collect rent, and account for the Tribe's and 
allottees' trust assets. Rather than litigate the case, the Obama 
administration settled with the Tribe in 2016.
  The settlement provided that the United States would survey all the 
Federal rights-of-way on the reservation. It would also take 
approximately 3,400 acres of Bureau of Land Management land into trust 
for the Tribe, after the Tribe purchases the land for fair market 
value.
  Finally, the settlement provided monetary damages of about $12.5 
million from the judgment fund, an issue not addressed by this bill.
  This legislation is needed to facilitate portions of the settlement 
by clarifying the northwestern boundary of the reservation, documenting 
the existing Federal rights-of-way on the reservation, and placing the 
3,400 acres into trust after the Tribe buys the land from the Federal 
Government.
  The bill is cosponsored by the entire Arizona delegation, and I 
commend their work to resolve this issue.
  Mr. Speaker, I urge adoption of the measure, and I reserve the 
balance of my time.
  Mr. GRIJALVA. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Arizona (Mr. O'Halleran), the sponsor of the 
legislation.
  Mr. O'HALLERAN. Mr. Speaker, I rise today in strong support and urge 
passage of my legislation, H.R. 4032, the Gila River Indian Community 
Federal Rights-of-Way, Easements and Boundary Clarification Act.
  I was proud to introduce this bipartisan legislation along with 
colleagues Congressmen Biggs, Gallego, and Gosar.
  Mr. Speaker, as we all know, Tribal Nations were here prior to the 
formation of the United States. However, throughout history, many 
Federal laws were enacted that diminished land holdings and, as a 
result, reservation boundaries were often incorrectly adjusted.
  The Federal Government often lacked the mechanisms to effectively 
keep track of the various rights-of-way that existed on Tribal lands. 
These challenges remain today and can be serious barriers to Tribal 
land use efforts for housing, economic development, and cultural 
purposes.
  That is why I introduced my bill, which simply finalizes the 
settlement of longstanding issues related to the Federal Government's 
management of Tribal trust assets on the Gila River Indian Community.

                              {time}  1815

  The legislation provides for surveys of all the Federal rights-of-way 
on the reservation and establishes a map of those rights-of-way to aid 
the community in planning land use, including building homes, 
rebuilding schools, locating businesses, and ensuring access to 
cultural sites.
  H.R. 4032 also clarifies the northwest boundary of the reservation, 
which will avoid a title dispute with the city of Phoenix. In exchange 
for giving up lands that are currently within the reservation boundary, 
the community will be able to purchase 3,400 acres of culturally 
relevant lands from the Bureau of Land Management and have those lands 
taken into trust.
  H.R. 4032 is important to the Gila River Indian community, to local 
landowners, and nearby communities.
  I would like to thank my colleagues across the aisle for supporting 
this legislation, as well as the chairman and ranking member. I look 
forward to working with my colleagues in Congress and the 
administration to ensure this settlement is fully implemented.
  On behalf of our Arizona communities, I urge my colleagues to support 
this commonsense, necessary legislation.
  Mr. McCLINTOCK. Mr. Speaker, I urge adoption of the measure, and I 
yield back the balance of my time.
  Mr. GRIJALVA. Mr. Speaker, I just want to take a moment to 
acknowledge the Gila River Indian community, their leadership, which 
has worked tirelessly and in very good faith with the Federal 
Government in addressing the issues that led to these claims against 
the United States.
  I would like to congratulate them on this hard work and their 
persistence, and I am happy that the passage of this bill will finally 
implement a final part of their settlement.
  I also want to take time to thank my colleague and friend from 
Arizona (Mr. O'Halleran) for his leadership on this issue.
  Mr. Speaker, I urge support of the legislation, and 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. McClintock) that the House suspend the 
rules and pass the bill, H.R. 4032, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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