[House Report 115-817]
[From the U.S. Government Publishing Office]


115th Congress     }                               {          Report
                        HOUSE OF REPRESENTATIVES
 2d Session        }                               {          115-817

======================================================================



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

                                _______
                                

 July 13, 2018.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

     Mr. Bishop of Utah, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4032]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
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, 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.

  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. 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.

                          PURPOSE OF THE BILL

    The purpose of H.R. 4032 is 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, and to take certain land 
located in Maricopa County and Pinal County, Arizona, into 
trust for the benefit of the Gila River Indian Community.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Gila River Indian reservation was established on 
February 28, 1859, for the Pima and Maricopa Tribes which 
confederated into what is known today as the Gila River Indian 
Community.\1\ The reservation was later expanded by several 
executive orders between 1876 and 1915 in Maricopa and Pinal 
counties, Arizona. President Rutherford B. Hayes signed one of 
these Executive Orders on June 14, 1879, which established the 
northwesterly corner and expanded the northern boundary of the 
Tribe's reservation to the middle of the Salt River.\2\
---------------------------------------------------------------------------
    \1\11 Stat. 401, Chap. 66.
    \2\President R. Hayes. Executive Order. June 14, 1879.
---------------------------------------------------------------------------
    According to the Tribe, the new northwestern boundary was 
not immediately surveyed after President Hayes's Executive 
Order was issued. In 1895, the northern boundary of the 
reservation was surveyed, but it was rejected because the 
northern boundary of the reservation had been marked at the 
left bank of the Salt River, rather than the ``middle of the . 
. . Salt River'' as called for in the Executive Order.\3\
---------------------------------------------------------------------------
    \3\Letter 529901 ``E''. U.S. Surveyor General, General Land Office, 
U.S. Department of the Interior. July 29, 1919.
---------------------------------------------------------------------------
    Between 1910 and 1920 there were attempts to properly 
survey the boundary but these efforts were complicated by the 
disposal of land immediately adjacent to the reservation. In 
its 1919 letter, the General Land Office explained that the 
encroachment upon the Tribe's land resulted from the failure to 
timely survey the reservation's boundaries in the wake of the 
Executive Order.\4\
---------------------------------------------------------------------------
    \4\Id. 
---------------------------------------------------------------------------
    Due to the delayed survey and surveying errors, the final 
survey inaccurately established the mid-point of the Salt River 
and failed to consider the northerly accretion of the River. 
Thus, the Tribe believed that because of surveying errors and 
the further northward movement of the Salt River since that 
time, the Tribe lost land on the northern portion of its 
reservation due to accretion. As a result, an inaccurate 
northern boundary of the reservation was relied upon.
    In 2006, the Tribe brought a complaint against the United 
States seeking an accounting and reconciliation of its trust 
fund accounts and non-monetary trust assets or resources. 
Furthermore, the Tribe asserted claims for monetary damages 
relating to the United States' mismanagement of the Tribe's 
trust funds and non-monetary trust assets or resources. The 
claims included breach of trust claims against the United 
States for failing to document rights-of-way across the 
reservation, collect rent, and account for the Tribe's and 
allottees' trust assets. Additionally, the claims included a 
breach of the United States' fiduciary duty for its failure to 
accurately survey the reservation's northwesterly boundary, 
resulting in illegal patenting of lands to non-Indians 
(commonly referred to as the ``Tres Rios boundary dispute'').
    The Obama Administration chose to enter into a settlement 
with the Tribe.\5\ As part of the settlement negotiations the 
Tribe agreed to waive its claims related to the Tres Rios 
boundary dispute in exchange for the Obama Administration 
agreeing to have the United States pay $12.5 million to the 
Tribe and transferring approximately 3,400 acres of Bureau of 
Land Management land (Lower Sonoran Lands) to the Tribe.\6\ The 
Tribe and the United States filed the fully executed Joint 
Stipulation of Settlement with the D.C. District Court on June 
22, 2016. On March 20, 2017, the Tribe and the United States 
filed a joint stipulation to dismiss the Gila River trust case 
with prejudice.
---------------------------------------------------------------------------
    \5\Gila River Indian Community v. Jewell (Filed as v. Kempthorne), 
Case No. 1:06-CV-02249-TFH (Dec. 20, 2006).
    \6\The Bureau of Land Management lands are contiguous to the 
reservation and include a number of highly significant cultural 
resources and cultural sites throughout the tracts that are of 
considerable cultural significance to the Community.
---------------------------------------------------------------------------
    Legislation is needed by the Tribe to obtain the full 
benefits under the Joint Stipulation of Settlement, including: 
establishment of a map of the rights-of-ways on the 
reservation; establishment of the northwest boundary of the 
reservation to settle the Tres Rios boundary dispute by the 
Tribe relinquishing land that is currently part of the 
reservation to avoid a title dispute with the City of Phoenix 
and private land owners; a mandatory trust acquisition, which 
waives application of the National Environmental Policy Act of 
1969,\7\ of 3,400 acres of federal land for the Tribe as part 
of the Tres Rios boundary dispute settlement; and surveys for 
the federal rights-of-ways on the reservation included on a map 
that will accompany the Act.
---------------------------------------------------------------------------
    \7\42 U.S.C. 4321 et seq.
---------------------------------------------------------------------------

          SECTION-BY-SECTION ANALYSIS OF THE BILL AS REPORTED

Section 1. Short title

    This Act may be cited as the Gila River Indian Community 
Federal-Rights-of-Way, Easements and Boundary Clarification 
Act.

Section 2. Purposes

    Section 2 declares the intent of the Act is to codify the 
negotiated trust accounting and mismanagement settlement.

Section 3. Definitions

    This section defines terms used in the Act.

Section 4. Land into trust for benefit of the community

    Subsection (a) provides that after a request by the Tribe, 
the Secretary of the Interior will take the Lower Sonoran Lands 
into trust for the benefit of the Tribe.
    Subsection (b) provides that the map of the lands taken 
into trust must be on file and made publicly available no later 
than 180 days after enactment of the Act.
    Subsection (c) provides that the Lower Sonoran Lands are 
the be part of the reservation once they are taken into trust.
    Subsection (d) states that Class II and III gaming is 
prohibited on the lands taken into trust.
    Subsection (e) requires the Secretary of the Interior to 
publish the full metes-and-bounds description of the Lower 
Sonoran Lands no later than 180 days after the enactment of 
this Act.

Section 5. Establishment of fixed northern boundary

    Subsection (a) provides that the northern boundary of the 
Gila River Indian Community Reservation that was created by the 
1879 Executive Order is modified to be fixed, permanent, and 
not ambulatory.
    Subsection (b) provides that the portion of the reservation 
boundary created by the Executive Order (along the middle of 
the Salt River) is modified to be a fixed and permanent 
boundary.
    Subsection (c) provides that the Secretary of the Interior 
will ensure that the new reservation boundary as described in 
subsection (b) is surveyed and clearly marked.
    Subsection (d) provides that no other portion of the 
reservation boundary will be affected by this Act except as 
specifically set forth in the Act.
    Subsection (e) provides that the Secretary shall publish in 
the Federal Register the modification and the resurvey of the 
reservation boundary.

Section 6. Satisfaction and substitution of claims

    This section provides that the negotiated settlement and 
the benefits received by the Tribe pursuant to this Act shall 
be in complete replacement of and substitution for, and full 
satisfaction of all claims that the Tribe, its members, and 
allottees may have had against the United States.

Section 7. Federal rights-of-way

    All the rights-of-way depicted in the ROW, Easements, and 
Federal and Tribal Facilities Map accompanying this Act are 
established, ratified, and confirmed.

Section 8. Survey

    Subsection (a) provides that the Bureau of Indian Affairs 
(BIA) shall undertake and complete a survey of each of the 
federal rights-of-way established under this Act no later than 
six years after enactment.
    Subsection (b) provides that the BIA is authorized, subject 
to appropriations, to contract for the survey of all federal 
rights-of-way established pursuant to this Act to the Tribe or 
a third party.
    Subsection (c) provides that upon completion of all surveys 
authorized and undertaken, the Tribe and the BIA can determine 
if any anomalies exist with respect to certain federal rights-
of-way, and can choose to remove that anomaly from the ROW, 
Easements, and Federal Tribal Facilities Map.

Section 9. Hunt highway

    This section clarifies that nothing in this Act shall 
impact any right-of-way or easement associated with Hunt 
Highway in Pinal Country, Arizona, including the portion that 
traverses the reservation.

                            COMMITTEE ACTION

    H.R. 4032 was introduced on October 12, 2017, by 
Congressman Tom O'Halleran (D-AZ). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Indian, Insular and Alaska Native Affairs and 
the Subcommittee on Federal Lands. On February 6, 2018, the 
Indian, Insular, and Alaska Native Affairs Subcommittee held a 
hearing on the bill. On May 8, 2018, the Natural Resources 
Committee met to consider the bill. The Subcommittees were 
discharged by unanimous consent. Congressman Raul M. Grijalva 
(D-AZ) offered an amendment designated 086; it was adopted by 
unanimous consent. No additional amendments were offered and 
the bill, as amended, was 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 Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 22, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed revised cost estimate for H.R. 4032, the 
Gila River Indian Community Federal Rights-of-Way, Easements 
and Boundary Clarification Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 4032--Gila River Indian Community Federal Rights-of-Way, Easements 
        and Boundary Clarification Act

    H.R. 4032 would direct the Department of the Interior (DOI) 
to take about 3,400 acres of land into trust for the benefit of 
the Gila River Indian Community. The bill also would establish 
a permanent northern boundary for the tribe's reservation and 
would establish and ratify three rights-of-way and one grazing 
permit on that land. DOI would be required to survey the new 
tribal boundary and the rights-of-way and publish those 
surveys. Using information from DOI, CBO estimates that the 
administrative expenses associated with those activities would 
not be significant.
    The land that could be taken into trust under the bill is 
currently managed by DOI and yields no financial benefits to 
the federal government. DOI is in the process of transferring 
that land to the Gila River Indian Community through a 
noncompetitive, direct land sale. H.R. 4032 specifies that once 
the sale of the land is finalized DOI shall, at the request of 
the tribe, take the land into trust for the benefit of the 
tribe.
    Enacting H.R. 4032 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 4032 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2029.
    H.R. 4032 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    This cost estimate for the Gila River Indian Community 
Federal Rights-of-Way, Easements and Boundary Clarification Act 
supersedes the estimate transmitted on June 12, 2018, for the 
same bill. CBO's earlier estimate was based incorrect 
information indicating that the sale would not proceed under 
the bill and title to the land would be transferred to the 
tribe for no consideration. This revised cost estimate corrects 
that error.
    The CBO staff contact for this estimate is Robert Reese. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is 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, and to take certain land 
located in Maricopa County and Pinal County, Arizona, into 
trust for the benefit of the Gila River Indian Community.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                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 to existing 
law.

                                  [all]