H.R. 4032 — what changed
Gila River Indian Community Federal Rights-of-Way, Easements and Boundary Clarification Act
From Introduced in House to Reported in House. 8 sections amended and 2 removed between Introduced in House and Reported in House.
Sec. 2 Purposes
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Congress finds as follows:The purposes of this Act are to—
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The Community has filed suit against establish, ratify, document, and confirm the United States for an accounting of its Tribal trust resources Federal electrical, irrigation, and Tribal trust funds in Gila River Indian Community v. Jewell, No. 06–2249 (D.D.C. filed Dec. 29, 2006).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;
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The United States and the Community entered into establish a settlement fixed location of the northern boundary of the Reservation and to provide for certain the Secretary of the claims encompassed Interior to ensure that the northern boundary is resurveyed and marked in this suit.conformance with the public system of surveys;
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The Bureau of Indian Affairs has indicated its support for this Act providing non-monetary relief regarding certain allegedly undocumented Federal rights-of-way on the Reservation, confirming the northern boundary of authorize and direct the Reservation, providing Secretary to place certain lands into trust status for certain identified lands, and any other matters that the Community and benefit of the United States deem to be appropriate.Community;
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Lands to be taken into trust pursuant to substitute the benefits provided under this Act are of historic and cultural significance to the Community, its members, members and allottees.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
changed
The uncertainty created by authorize the inability to locate legal documentation to substantiate numerous Federal rights-of-way or easements on funds necessary for the Reservation is creating obstacles United States to meet the Community’s ability to fulfill its obligations under the Arizona Water Settlements Act and to plan for and undertake economic development on the Reservation.this Act.
removed
There is benefit to the Community, its members, and allottees by establishing legal documentation to substantiate numerous Federal rights-of-way on the Reservation.
removed
There is benefit to both the Community and non-Indian owners of land adjacent to the Reservation by providing a fixed boundary for the northern boundary of the Reservation.
Sec. 3 Definitions
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The purposes of In this Act are to—Act:
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Allottee— establish, ratify, document, and confirm the Federal electrical, irrigation, and road rights-of-way and easements The term allottee means a person who holds a beneficial real property interest in an Indian allotment that exist within the exterior boundaries of the Reservation as of the date of the enactment of this Act;is—
added
located within the exterior boundaries of the Reservation; and
added
held in trust by the United States.
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Community— establish The term Community means the Gila River Indian Community, a fixed location government composed of the northern boundary members of the Reservation Pima Tribe and to provide for the Secretary of the Interior to ensure that the northern boundary is resurveyed Maricopa Tribe and marked in conformance with organized under section 16 of the public system Act of surveys;June 18, 1934 (25 U.S.C. 5123).
changed
Disputed area— authorize and direct The term Disputed Area means the Secretary to place certain lands into trust for land north of the benefit Harrington Survey line and south of the Community;middle of the Salt River (as it currently flows).
changed
Executive order— 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 term Executive Order means the documentation and management of Federal rights-of-way Executive order executed by President R.B. Hayes on the Reservation; andJune 14, 1879.
changed
Federal and Tribal facilities— authorize the funds necessary 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 United States to meet benefit of the obligations under this Act.Community and its members. Thus, “Federal and Tribal Facilities” refers to—
added
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;
added
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
added
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.
added
Lower sonoran lands— The term Lower Sonoran Lands means the approximately 3,400 acres of land—
added
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);
added
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
added
that the Community shall acquire pursuant to the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).
added
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.
added
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.
added
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.
added
Secretary— The term Secretary means the Secretary of the Interior.
Sec. 4 Land into trust for benefit of the community
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In general— The Secretary shall take the Lower Sonoran Lands into trust for the benefit of the Community, after the Community—
added
conveys to the Secretary all right, title, and interest of the Community in and to the Lower Sonoran Lands;
added
submits to the Secretary a request to take the Lower Sonoran Lands into trust for the benefit of the Community;
added
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
added
pays all costs of any survey conducted under paragraph (3).
removed
In this Act:
changed
Allottee—Availability of lower sonoran lands map— The term allottee means a person who holds a beneficial real property interest 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 an Indian allotment that is—the appropriate offices of the Secretary.
removed
located within the exterior boundaries of the Reservation; and
removed
held in trust by the United States.
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Community—Lands taken into trust as part of reservation— The term Community means the Gila River Indian Community, a government composed of members of After the Pima Tribe and date on which the Maricopa Tribe and organized Lower Sonoran Lands are taken into trust under section 16 subsection (a), those lands shall be treated as part of the Act of June 18, 1934 (25 U.S.C. 5123).Reservation.
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Disputed area—Gaming— The term Disputed Area means the land north of the Harrington Survey line Class II and south of class III gaming under the middle of Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall not be allowed at any time on the Salt River (as it currently flows).land taken into trust under subsection (a).
changed
Executive order—Description— The term Executive Order means Not later than 180 days after the Executive order executed by President R.B. Hayes 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 June 14, 1879.publication, constitute the official description of the Lower Sonoran Lands.
removed
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—
removed
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;
removed
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
removed
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.
removed
Lower sonoran lands— The term Lower Sonoran Lands means the approximately 3,400 acres of land—
removed
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);
removed
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
removed
that the Community shall acquire pursuant to the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).
removed
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.
removed
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.
removed
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.
removed
Secretary— The term Secretary means the Secretary of the Interior.
Sec. 5 Establishment of fixed northern boundary
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In general— The Secretary shall take the Lower Sonoran Lands into trust for the benefit Northern boundary of the Community, after Reservation created by the Community—Executive Order is hereby modified in accordance with this section and shall be fixed, permanent, and not ambulatory.
removed
conveys to the Secretary all right, title, and interest of the Community in and to the Lower Sonoran Lands;
removed
submits to the Secretary a request to take the Lower Sonoran Lands into trust for the benefit of the Community;
removed
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
removed
pays all costs of any survey conducted under paragraph (3).
changed
Availability Modification of lower sonoran lands map—north boundary— Not later than 180 days after That portion of the Lower Sonoran Lands are taken into trust under subsection (a), Reservation boundary created by the map Executive Order as along the middle of the Salt River shall be on file modified to be a fixed and available for public inspection in permanent boundary as established by the appropriate offices Harrington Survey of the Secretary.north boundary of the Reservation, as shown on the plat and described in the field notes.
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Lands taken into trust as part of reservation—Resurvey and marking— After the date on which Subject to available appropriations, the Lower Sonoran Lands are taken into trust under subsection (a), those lands Secretary shall be treated ensure that the modified Reservation boundary as part of described in subsection (b) is surveyed and clearly marked in conformance with the Reservation.public system of surveys.
changed
Gaming—Effect— Class II The Reservation boundary as modified and class III gaming under resurveyed by subsections (b) and (c) shall become the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) 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 not be allowed at any time on the land taken into trust under subsection (a).affected by this Act except as specifically set forth in this Act.
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Description—Publication— Not later than 180 days after the date of enactment of this Act, the The Secretary shall cause publish in the full metes-and-bounds description Federal Register this modification and the resurvey of the Lower Sonoran Lands to be published Community’s reservation boundary, as set forth in the Federal Register. The description shall, on publication, subsections (b) and (c), which shall constitute the official description fixed northern boundary of the Lower Sonoran Lands.Reservation.
Sec. 6 Satisfaction and substitution of claims
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In general—Intent of congress— The Northern boundary of It is the Reservation created by intent of Congress to provide to the Executive Order is hereby modified in accordance with this section Community, its members, and shall be fixed, permanent, allottees benefits that are equivalent to or exceed the claims the Community, its members, and not ambulatory.allottees may possess as of the date of the enactment of this Act, taking into consideration—
added
the potential risks, cost, and time delay associated with litigation;
added
the cultural and historic significance of the Lower Sonoran Lands to the Community, its members, and allottees;
added
the benefit to the Community, its members, and allottees associated with having a fixed northern boundary of the Reservation;
added
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
added
the availability of appropriations under this Act.
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Modification of north boundary—In general— That portion of the Reservation boundary created The benefits realized by the Executive Order as along the middle of the Salt River Community, its members, and allottees under this Act shall be modified to be a fixed and permanent boundary as established by the Harrington Survey in complete replacement of the north boundary and substitution for, and full satisfaction of the Reservation, as shown on all claims that the plat Community, its members, and described in allottees may have had against the field notes.United States—
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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
added
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.
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Resurvey and marking—Effective date— Subject to available appropriations, the Secretary This section shall ensure that the modified Reservation boundary as described in subsection (b) is surveyed and clearly marked in conformance with become effective on the public system later of surveys.the date on which the Secretary—
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publishes in the Federal Register the notice required under section 4(e);
added
publishes in the Federal Register the notice required under section 5(e); and
added
completes the surveys for the Federal rights-of-way required under this Act.
removed
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.
removed
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. 7 Federal Rights-of-way
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Intent of congress—Established, ratified, and confirmed— It is the intent All of Congress to provide to the Community, its members, rights-of-way depicted in the ROW, Easements, and allottees benefits that Federal and Tribal Facilities Map accompanying this Act are equivalent to or exceed the benefits the Community, its members, hereby established, ratified, and allottees may possess as of the date of the enactment confirmed. The specific position and dimensions of this Act, taking into consideration—such rights-of-way are to be determined following a survey conducted in accordance with section 8.
removed
the potential risks, cost, and time delay associated with litigation;
removed
the cultural and historic significance of the Lower Sonoran Lands to the Community, its members, and allottees;
removed
the benefit to the Community, its members, and allottees associated with having a fixed northern boundary of the Reservation;
removed
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
removed
the availability of appropriations under this Act.
changed
In general—Recordation— The benefits realized by All of the Community, its members, rights-of-way established, ratified, and allottees under this Act confirmed in subsection (a) shall be in complete replacement of and substitution for, and full satisfaction of all claims that recorded with the Community, its members, Land Titles and allottees may have had against the United States—Records Office following each survey conducted in accordance with section 8.
removed
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
removed
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.
changed
Effective date—Grantee or applicant— This section The Federal Government shall become effective on the later of the date on which be considered the Secretary—grantee or applicant for any and all rights-of-way established pursuant to this Act.
added
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.
added
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.
removed
publishes in the Federal Register the notice required under section 5(a)(4);
removed
publishes in the Federal Register the notice required under section 6(e); and
removed
completes the surveys for the Federal rights-of-way required under this Act.
Sec. 8 Survey
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Established, ratified, Completion and confirmed—publication— All Not later than 6 years after the date of the rights-of-way depicted in enactment of this Act, the ROW, Easements, Bureau of Indian Affairs shall undertake and complete a survey of each of the Federal and Tribal Facilities Map accompanying rights-of-way established under this Act are hereby established, ratified, and confirmed. The specific position and dimensions Act. A retroactive grant of such easement shall be required upon completion of each survey of each of the Federal rights-of-way are established under this Act. The Bureau of Indian Affairs shall cause the surveys undertaken pursuant to this Act to be determined following a survey conducted published in accordance with section 9.the Federal Register.
changed
Grantee or applicant—Contract— The Federal Government shall be considered the grantee or applicant Bureau of Indian Affairs is authorized, subject to appropriations, to contract for any and the survey of all Federal rights-of-way established pursuant to this Act.Act to the Community or a third party.
changed
Termination—Deletions— Any rights-of-way established by this Act may be terminated Upon completion of the surveys authorized and undertaken pursuant to section 169.20 of title 25, Federal Code of Regulations, or upon written request by subsection (a), the Community to and the Secretary Bureau of Indian Affairs may determine that anomalies exist with respect to remove the certain Federal rights-of-way such that deletion of such Federal right-of-way from the ROW, Easements, and Federal and Tribal Facilities Map subject to otherwise applicable law regarding rights-of-way on is appropriate and such Federal right-of-way may be removed from the Reservation.ROW, Easements, and Federal Tribal Facilities Map.
removed
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. 9 Hunt highway
added 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.
removed
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. The Bureau of Indian Affairs shall cause the surveys undertaken pursuant to this Act to be published in the Federal Register.
removed
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.
removed
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. 10 Authorization of appropriations
removed
removed
Subject to available appropriations, there are authorized to be appropriated such sums as are necessary for the Secretary to—
removed
take actions required or authorized by this Act; and
removed
undertake the surveys authorized herein of all Federal electrical, road, and irrigation rights-of-ways and easements depicted on the ROW, Easements, and Federal and Tribal Facilities Map accompanying this Act.
Sec. 11 Hunt highway
removed
removed
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.