[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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