[House Report 108-701]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-701
======================================================================


 
       COLORADO RIVER INDIAN RESERVATION BOUNDARY CORRECTION ACT

                                _______
                                

 September 28, 2004.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 2941]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 2941) to correct the south boundary of the Colorado River 
Indian Reservation in Arizona, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.

  The Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall not 
apply to the restored lands described in section (2)(a).

                          PURPOSE OF THE BILL

    The purpose of H.R. 2941 is to correct the south boundary 
of the Colorado River Indian Reservation in Arizona, and for 
other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 2941, the ``Colorado River Indian Reservation Boundary 
Correction Act,'' restores certain federal lands in Arizona to 
the Colorado River Indian Reservation.
    The Colorado River Indian Reservation, comprising 
approximately 270,000 acres along the Colorado River in the 
States of Arizona and California, was established by an Act of 
Congress on March 3, 1865. President Grant issued Executive 
Orders to expand the boundary of the Reservation to prevent 
encroachment by non-Indians. In 1875, a Mr. Chandler Robbins 
surveyed the Reservation and delineated a new southern 
boundary, which included 16,000 acres in Arizona known as the 
``La Paz'' lands. To address trespass by outsiders, the 
government accepted and approved a resurvey of the Robbins 
Survey by a Mr. Guy Harrington in 1912.
    In 1915 the Secretary of Interior reversed the findings of 
the Robbins and Harrington surveys. As a result, President 
Wilson that same year issued an Executive Order excluding the 
La Paz lands from the reservation.
    Historical evidence gathered over the years indicates the 
exclusion of the La Paz lands from the Reservation was done in 
error or with the purpose of preventing the tribe from 
acquiring the lands. At present, virtually no one disagrees 
with the objective of returning the La Paz to the tribe's 
reservation. In 1980 and 1981, Senator Barry Goldwater 
introduced bills (S. 2317 and S. 1652), to restore La Paz lands 
to the reservation. Hearings were held in the Senate on S. 1652 
but no further substantive congressional action occurred on 
this issue until now.
    H.R. 2941 corrects the south boundary of the reservation by 
placing the La Paz lands in trust for the benefit of the 
Colorado River Indian Tribes and drawing the boundary of the 
reservation around these lands. The restoration excludes a 320-
acre parcel of land owned by the State of Arizona. The bill 
provides that no water rights issues are affected by this bill. 
Valid existing rights, including public recreational access 
subject to reasonable tribal rules, are preserved.
    On April 21, 2004, the full committee held a hearing on 
H.R. 2941. Witnesses representing the Interior Department and 
the tribe testified. Both were supportive of the bill, however, 
the Administration raised concerns relating to rights-of-way 
and leaseholder interests. Subsequent to the hearing, the 
Committee was informed that two utilities have right-of-way 
interests on a portion of the La Paz lands.
    In the Committee markup of H.R. 2941, an amendment in the 
nature of a substitute was adopted to address these issues. To 
describe the La Paz lands, the amendment references a map on 
file with the Bureau of Land Management instead of the 
tediously lengthy written description in the underlying bill. 
It also clarifies the protection of valid interests in the 
lands transferred to the tribe, including rights-of-way held by 
two utilities. The amendment also adds a new section 7 to H.R. 
2941 which provides that the Indian Gaming Regulatory Act does 
not apply to the restored lands.

                            COMMITTEE ACTION

    H.R. 2941 was introduced on July 25, 2003, by Congressman 
Raul Grijalva (D-AZ). The bill was referred to the Committee on 
Resources. On April 21, 2004, the Full Resources Committee held 
a hearing on the bill. On September 15, 2004, the Full 
Committee met to consider the bill. Mr. Grijalva offered an 
amendment in the nature of a substitute. It was adopted by 
unanimous consent. The bill as amended was then ordered 
favorably reported to the House of Representatives by unanimous 
consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures. According to the Congressional Budget Office, 
enacting H.R. 2941 could affect direct spending (including 
offsetting receipts), but it estimates that any such effects 
would be negligible.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 2941--Colorado River Indian Reservation Boundary Correction Act

    CBO estimates that implementing H.R. 2941 would have no 
significant impact on the Federal budget. Enacting the bill 
could affect direct spending (including offsetting receipts), 
but we estimate that any such efforts would be negligible. The 
legislation contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act. 
Enacting this bill would benefit the Colorado River Indian 
Tribes and would have no significant impact on the budgets of 
State, local, or tribal governments.
    H.R. 2941 would direct the Secretary of the Interior to 
convey, for no consideration, 15,375 acres of Federal land in 
Arizona to the Colorado River Indian Reservation, to be held in 
trust by the United States on behalf of the Colorado River 
Indian Tribes. According to the Department of the Interior, the 
land to be conveyed currently includes several rights of way 
that could be affected. The department currently collects a few 
thousand dollars a year for those rights of way. Hence, CBO 
estimates that conveying the land would not significantly 
affect offsetting receipts (a credit against direct spending). 
Based on information from the Department of the Interior, the 
administrative costs of the conveyance, which would be subject 
to appropriation, would be negligible.
    The CBO staff contact for this estimate is Mike Waters. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
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