[115th Congress Public Law 350]
[From the U.S. Government Publishing Office]
[[Page 5059]]
GILA RIVER INDIAN COMMUNITY FEDERAL RIGHTS-OF-WAY, EASEMENTS AND
BOUNDARY CLARIFICATION ACT
[[Page 132 STAT. 5060]]
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. <<NOTE: Dec.
21, 2018 - [H.R. 4032]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Gila River
Indian Community Federal Rights-of-Way, Easements and Boundary
Clarification Act.>>
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 132 STAT. 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 132 STAT. 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) <<NOTE: Survey. Determinations.>> 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 <<NOTE: Deadline. Public
inspection.>> .--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 <<NOTE: Deadline. Federal Register,
publication.>> .--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 132 STAT. 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 <<NOTE: Federal Register, 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 132 STAT. 5064]]
Facilities Map accompanying this Act are hereby established, ratified,
and confirmed. <<NOTE: Determination.>> 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 <<NOTE: Deadline.>> .--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. <<NOTE: Federal
Register, publication.>> 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 132 STAT. 5065]]
in Pinal County, Arizona, including the portion of Hunt Highway that
traverses the Reservation.
Approved December 21, 2018.
LEGISLATIVE HISTORY--H.R. 4032:
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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.
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