,,ib ,union ,calendar ,no4 #fcc #aaeth ,,congress #b;d ,session ,h4 ,r4 #djcb ,report ,no4 #aae-hag ,,in ,,the ,,house ,,of ,,representatives ,october #ab1 #bjag ,mr4 ,o',halleran 7for himself1 ,mr4 ,biggs1 ,mr4 ,franks of ,arizona1 ,mr4 ,gallego1 ,mr4 ,gosar1 and ,mr4 ,schweikert7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,july #ac1 #bjah ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,strike out all after the enacting clause and insert the part printed in italic ,for text of introduced bill1 see copy of bill as introduced on ,october #ab1 #bjag ,a ,,bill ,to confirm undocumented ,federal rights-of-way or easements on the ,gila ,river ,indian ,reservation1 clarify the northern boundary of the ,gila ,river ,indian ,community's ,reservation1 to take certain land located in ,maricopa ,county and ,pinal ,county1 ,arizona1 into trust for the benefit of the ,gila ,river ,indian ,community1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,gila ,river ,indian ,community ,federal ,rights-of-,way1 ,easements and ,boundary ,clarification ,act4 #b4 ,purposes ,the purposes of this ,act are to-- 7#a7 establish1 ratify1 document1 and confirm the ,federal electrical1 irrigation1 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 ,act2 7#b7 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 surveys2 7#c7 authorize and direct the ,secretary to place certain lands into trust for the benefit of the ,community2 7#d7 substitute the benefits provided under this ,act to the ,community1 its members and allottees for any claims that the ,community1 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 ,reservation2 and 7#e7 authorize the funds necessary for the ,united ,states to meet the obligations under this ,act4 #c4 ,definitions ,in this ,act3 7#a7 ,allottee ,the term allottee means a person who holds a beneficial real property interest in an ,indian allotment that is-- 7,a7 located within the exterior boundaries of the ,reservation2 and 7,b7 held in trust by the ,united ,states4 7#b7 ,community ,the term ,community means the ,gila ,river ,indian ,community1 a government composed of members of the ,pima ,tribe and the ,maricopa ,tribe and organized under section #af of the ,act of ,june #ah1 #aicd 7#be ,u4,s4,c4 #eabc74 7#c7 ,disputed area ,the term ,disputed ,area means the land north of the ,harrington ,survey line and south of the middle of the ,salt ,river 7as it currently flows74 7#d7 ,executive order ,the term ,executive ,order means the ,executive order executed by ,president ,r4,b4 ,hayes on ,june #ad1 #ahgi4 7#e7 ,federal and ,tribal facilities ,the term ,federal and ,tribal ,facilities means any and all structures1 improvements1 and appurtenances associated with roadways1 canals1 power lines1 and other projects constructed for the benefit of the ,community and its members4 ,thus1 ,federal and ,tribal ,facilities refers to-- 7,a7 ,indian ,reservation ,road 7,,irr7 transportation facilities1 including public roads1 bridges1 drainage structures1 culverts1 ferry routes1 marine terminals1 transit facilities1 boardwalks1 pedestrian paths1 trails1 and their appurtenances1 and other transportation facilities1 as designated by the ,community and the ,secretary and defined in section #agj4e of title #be1 ,code of ,federal ,regulations2 7,b7 ,federal irrigation facilities included in the ,san ,carlos ,irrigation ,project1 the irrigation project authorized under the ,act of ,june #g1 #aibd 7#dc ,stat4 #dge71 including all structures and appurtenant works within the ,san ,carlos ,irrigation ,project for the delivery1 diversion1 and storage of irrigation water1 as defined in section #aga4ajj of title #be1 ,code of ,federal ,regulations2 and 7,c7 ,federal electric distribution facilities included in the ,san ,carlos ,irrigation ,project--,electric ,services1 including all structures and appurtenant works for the delivery of electric power on the ,reservation that are part of that project4 7#f7 ,lower sonoran lands ,the term ,lower ,sonoran ,lands means the approximately #c1djj acres of land-- 7,a7 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 #aigf 7#dc ,u4,s4,c4 #agja et seq47 in the ,lower ,sonoran ,resource ,management ,plan 7,september #bjab72 7,b7 located in ,sections #a1 #b1 #c1 #aa1 and #ab1 ,township #b ,south1 ,range #a ,west1 contiguous to the northwest boundary of the ,community's existing ,reservation2 and portions of ,sections #af and #ag1 ,township #e ,south1 ,range #e ,east1 contiguous to the southern boundary of the ,community's existing ,reservation2 and 7,c7 that the ,community shall acquire pursuant to the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq474 7#g7 ,harrington survey ,the term ,harrington ,survey means the ,dependent ,resurvey of a ,portion of ,township #a ,north1 ,range #a ,east1 ,gila and ,salt ,river ,meridian1 ,arizona1 ,gila ,river ,indian ,reservation1 conducted by ,guy ,p4 ,harrington1 as shown on the plat and described in the field notes at ,book #cchd1 approved ,september #b1 #aibj1 and officially filed on ,november #c1 #aibj1 on file with the ,bureau of ,land ,management4 7#h7 ,reservation ,the term ,reservation means the land located within the exterior boundaries of the reservation created under sections #c and #d of the ,act of ,february #bh1 #ahei 7#aa ,stat4 #dja1 chapter ,,lxvi71 and ,executive orders of ,august #ca1 #ahgf1 ,june #ad1 #ahgi1 ,may #e1 #ahhb1 ,november #ae1 #ahhc1 ,july #ca1 #aiaa1 ,june #b1 #aiac1 ,august #bg1 #aiad1 and ,july #ai1 #aiae1 and any other lands placed in trust for the benefit of the ,community4 7#i7 ,row1 easements1 and ,federal and ,tribal facilities map ,the term ,,row1 ,easements1 and ,federal and ,tribal ,facilities ,map means the map depicting the ,federal rights-of-way1 easements1 and ,federal and ,tribal facilities that exist within the exterior boundaries of the ,reservation on the date of enactment of this ,act1 which map is submitted to ,congress as part of the ,congressional record accompanying this ,act4 7#aj7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 #d4 ,land into trust for benefit of the community 7a7 ,in general ,the ,secretary shall take the ,lower ,sonoran ,lands into trust for the benefit of the ,community1 after the ,community-- 7#a7 conveys to the ,secretary all right1 title1 and interest of the ,community in and to the ,lower ,sonoran ,lands2 7#b7 submits to the ,secretary a request to take the ,lower ,sonoran ,lands into trust for the benefit of the ,community2 7#c7 conducts a survey 7to the satisfaction of the ,secretary7 to determine the exact acreage and legal description of the ,lower ,sonoran ,lands1 if the ,secretary determines a survey is necessary2 and 7#d7 pays all costs of any survey conducted under paragraph 7#c74 7b7 ,availability of lower sonoran lands map ,not later than #ahj days after the ,lower ,sonoran ,lands are taken into trust under subsection 7a71 the map shall be on file and available for public inspection in the appropriate offices of the ,secretary4 7c7 ,lands taken into trust as part of reservation ,after the date on which the ,lower ,sonoran ,lands are taken into trust under subsection 7a71 those lands shall be treated as part of the ,reservation4 7d7 ,gaming ,class ,,ii and class ,,iii gaming under the ,indian ,gaming ,regulatory ,act 7#be ,u4,s4,c4 #bgja et seq47 shall not be allowed at any time on the land taken into trust under subsection 7a74 7e7 ,description ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall cause the full metes-and-bounds description of the ,lower ,sonoran ,lands to be published in the ,federal ,register4 ,the description shall1 on publication1 constitute the official description of the ,lower ,sonoran ,lands4 #e4 ,establishment of fixed northern boundary 7a7 ,in general ,the ,northern boundary of the ,reservation created by the ,executive ,order is hereby modified in accordance with this section and shall be fixed1 permanent1 and not ambulatory4 7b7 ,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 ,reservation1 as shown on the plat and described in the field notes4 7c7 ,resurvey and marking ,subject to available appropriations1 the ,secretary shall ensure that the modified ,reservation boundary as described in subsection 7b7 is surveyed and clearly marked in conformance with the public system of surveys4 7d7 ,effect ,the ,reservation boundary as modified and resurveyed by subsections 7b7 and 7c7 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 ,order4 ,no other portion of the ,reservation boundary shall be affected by this ,act except as specifically set forth in this ,act4 7e7 ,publication ,the ,secretary shall publish in the ,federal ,register this modification and the resurvey of the ,community's reservation boundary1 as set forth in subsections 7b7 and 7c71 which shall constitute the fixed northern boundary of the ,reservation4 #f4 ,satisfaction and substitution of claims 7a7 ,intent of congress ,it is the intent of ,congress to provide to the ,community1 its members1 and allottees benefits that are equivalent to or exceed the claims the ,community1 its members1 and allottees may possess as of the date of the enactment of this ,act1 taking into consideration-- 7#a7 the potential risks1 cost1 and time delay associated with litigation2 7#b7 the cultural and historic significance of the ,lower ,sonoran ,lands to the ,community1 its members1 and allottees2 7#c7 the benefit to the ,community1 its members1 and allottees associated with having a fixed northern boundary of the ,reservation2 7#d7 the benefits that will accrue to the ,community1 its members1 and allottees resulting from the legal confirmation of ,federal electrical1 irrigation1 and road rights-of-way as provided under this ,act2 and 7#e7 the availability of appropriations under this ,act4 7b7 ,in general ,the benefits realized by the ,community1 its members1 and allottees under this ,act shall be in complete replacement of and substitution for1 and full satisfaction of all claims that the ,community1 its members1 and allottees may have had against the ,united ,states-- 7#a7 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 ,act2 and 7#b7 for the ,united ,states alleged failure to establish1 maintain and defend the ,community's northern boundary of the ,reservation through the date of the enactment of this ,act4 7c7 ,effective date ,this section shall become effective on the later of the date on which the ,secretary-- 7#a7 publishes in the ,federal ,register the notice required under section #d7;e72 7#b7 publishes in the ,federal ,register the notice required under section #e7;e72 and 7#c7 completes the surveys for the ,federal rights-of-way required under this ,act4 #g4 ,federal ,rights-of-way 7a7 ,established1 ratified1 and confirmed ,all of the rights-of-way depicted in the ,,row1 ,easements1 and ,federal and ,tribal ,facilities ,map accompanying this ,act are hereby established1 ratified1 and confirmed4 ,the specific position and dimensions of such rights-of-way are to be determined following a survey conducted in accordance with section #h4 7b7 ,recordation ,all of the rights-of-way established1 ratified1 and confirmed in subsection 7a7 shall be recorded with the ,land ,titles and ,records ,office following each survey conducted in accordance with section #h4 7c7 ,grantee or applicant ,the ,federal ,government shall be considered the grantee or applicant for any and all rights-of-way established pursuant to this ,act4 7d7 ,cancellation ,any rights-of-way established by this ,act may be cancelled pursuant to sections #djd-dji of title #be1 ,federal ,code of ,regulations1 or upon written request by the ,community to the ,secretary to remove the rights-of-way from the ,,row1 ,easements1 and ,federal and ,tribal ,facilities ,map subject to otherwise applicable law regarding rights-of-way on the ,reservation4 ,any request for cancellation action by the ,community shall be formally documented by tribal resolution4 7e7 ,other interests in land ,notwithstanding any law1 the granting of any rights-of-way or easement other than those depicted in the ,,row1 ,easements1 and ,federal and ,tribal ,facilities ,map accompanying this ,act1 or any future additions1 expansions or modifications of any of the rights-of-way or easement established1 ratified1 and confirmed in subsection 7a71 may only be done in accordance with all applicable laws and regulations4 ,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 lands4 #h4 ,survey 7a7 ,completion and publication ,not later than #f years after the date of the enactment of this ,act1 the ,bureau of ,indian ,affairs shall undertake and complete a survey of each of the ,federal rights-of-way established under this ,act4 ,a retroactive grant of easement shall be required upon completion of each survey of each of the ,federal rights-of-way established under this ,act4 ,the ,bureau of ,indian ,affairs shall cause the surveys undertaken pursuant to this ,act to be published in the ,federal ,register4 7b7 ,contract ,the ,bureau of ,indian ,affairs is authorized1 subject to appropriations1 to contract for the survey of all ,federal rights-of-way established pursuant to this ,act to the ,community or a third party4 7c7 ,deletions ,upon completion of the surveys authorized and undertaken pursuant to subsection 7a71 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 ,,row1 ,easements1 and ,federal and ,tribal ,facilities ,map is appropriate and such ,federal right-of-way may be removed from the ,,row1 ,easements1 and ,federal ,tribal ,facilities ,map4 #i4 ,hunt highway ,nothing in this ,act shall establish1 terminate1 or otherwise impact any right-of-way or easement associated with ,hunt ,highway in ,pinal ,county1 ,arizona1 including the portion of ,hunt ,highway that traverses the ,reservation4 ,july #ac1 #bjah ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed