Text: H.R.4032 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-350 (12/21/2018)

 
[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:
---------------------------------------------------------------------------

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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