[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4032 Enrolled Bill (ENR)]
H.R.4032
One Hundred Fifteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen
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,

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

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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.

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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.

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(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.

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(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.

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(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.

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(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.

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(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.

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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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Gila River Indian Community Federal Rights-of-Way, Easements and Boundary Clarification Act

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