    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 115-350
    115th Congress

    An Act

    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. <>

    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).

    [[Page 5061]]

    (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.

    [[Page 5062]]

    (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

    [[Page 5063]]

    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

    [[Page 5064]]

    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

    [[Page 5065]]

    in Pinal County, Arizona, including the portion of Hunt Highway that
    traverses the Reservation.

    Approved December 21, 2018.

    LEGISLATIVE HISTORY--H.R. 4032:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 115-817 (Comm. on Natural Resources).
    SENATE REPORTS: No. 115-399 (Comm. on Indian Affairs).
    CONGRESSIONAL RECORD, Vol. 164 (2018):
    July 17, considered and passed House.
    Dec. 13, considered and passed Senate.