29–006

108TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 2d Session 108–701

COLORADO RIVER INDIAN RESERVATION BOUNDARY 

CORRECTION ACT 

SEPTEMBER 28, 2004.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. POMBO, from the Committee on Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 2941] 

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill 

(H.R. 2941) to correct the south boundary of the Colorado River Indian Reservation in Arizona, and for other purposes, having considered the same, report favorably thereon with an amendment and 

recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE, FINDINGS, PURPOSES. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Colorado River Indian Reservation Boundary Correction Act’’. 

(b) FINDINGS.—Congress finds the following: 

(1) The Act of March 3, 1865, created the Colorado River Indian Reservation 

(hereinafter ‘‘Reservation’’) along the Colorado River in Arizona and California 

for the ‘‘Indians of said river and its tributaries’’. 

(2) In 1873 and 1874, President Grant issued Executive Orders to expand the 

Reservation southward and to secure its southern boundary at a clearly recognizable geographic location in order to forestall non-Indian encroachment and 

conflicts with the Indians of the Reservation. 

(3) In 1875, Mr. Chandler Robbins surveyed the Reservation (hereinafter ‘‘the 

Robbins Survey’’) and delineated its new southern boundary, which included approximately 16,000 additional acres (hereinafter ‘‘the La Paz lands’’), as part of 

the Reservation. 

(4) On May 15, 1876, President Grant issued an Executive Order that established the Reservation’s boundaries as those delineated by the Robbins Survey. 

(5) In 1907, as a result of increasingly frequent trespasses by miners and cattle and at the request of the Bureau of Indian Affairs, the General Land Office 

of the United States provided for a resurvey of the southern and southeastern 

areas of the Reservation. 

(6) In 1914, the General Land Office accepted and approved a resurvey of the 

Reservation conducted by Mr. Guy Harrington in 1912 (hereinafter the ‘‘HarVerDate jul 14 2003 00:25 Sep 30, 2004 Jkt 029010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6621 E:\HR\OC\HR701.XXX HR701
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rington Resurvey’’) which confirmed the boundaries that were delineated by the 

Robbins Survey and established by Executive Order in 1876. 

(7) On November 19, 1915, the Secretary of the Interior reversed the decision 

of the General Land Office to accept the Harrington Resurvey, and upon his recommendation on November 22, 1915, President Wilson issued Executive Order 

No. 2273 ‘‘. . . to correct the error in location said southern boundary line 

...’’—and thus effectively excluded the La Paz from the Reservation. 

(8) Historical evidence compiled by the Department of the Interior supports 

the conclusion that the reason given by the Secretary in recommending that the 

President issue the 1915 Executive Order—‘‘to correct an error in locating the 

southern boundary’’—was itself in error and that the La Paz lands should not 

have been excluded from the Reservation. 

(9) The La Paz lands continue to hold cultural and historical significance, as 

well as economic development potential, for the Colorado River Indian tribes, 

who have consistently sought to have such lands restored to their Reservation. 

(c) PURPOSES.—The purposes of this Act are: 

(1) To correct the south boundary of the Reservation by reestablishing such 

boundary as it was delineated by the Robbins Survey and affirmed by the Harrington Resurvey. 

(2) To restore the La Paz lands to the Reservation, subject to valid existing 

rights under Federal law and to provide for continued reasonable public access 

for recreational purposes. 

(3) To provide for the Secretary of the Interior to review and ensure that the 

corrected Reservation boundary is resurveyed and marked in conformance with 

the public system of surveys extended over such lands. 

SEC. 2. BOUNDARY CORRECTION, RESTORATION, DESCRIPTION. 

(a) BOUNDARY.—The boundaries of the Colorado River Indian Reservation are 

hereby declared to include those boundaries as were delineated by the Robbins Survey, affirmed by the Harrington Survey, and described as follows: The approximately 15,375 acres of Federal land described as ‘‘Lands Identified for Transfer to 

Colorado River Indian Tribes’’ on the map prepared by the Bureau of Land Management entitled ‘‘H.R. 2981, Colorado River Indian Reservation Boundary Correction 

Act, and dated May 14, 2004’’, (hereinafter referred to as the ‘‘Map’’). 

(b) MAP.—The Map shall be available for review at the Bureau of Land Management. 

(c) RESTORATION.—Subject to valid existing rights under Federal law, all right, 

title, and interest of the United States to those lands within the boundaries declared 

in subsection (a) that were excluded from the Colorado River Indian Reservation 

pursuant to Executive Order No. 2273 (November 22, 1915) are hereby restored to 

the Reservation and shall be held in trust by the United States on behalf of the 

Colorado River Indian Tribes. 

(d) EXCLUSION.—Excluded from the lands restored to trust status on behalf of the 

Colorado River Indian Tribes that are described in subsection (a) are 2 parcels of 

Arizona State Lands identified on the Map as ‘‘State Lands’’ and totaling 320 acres 

and 520 acres. 

SEC. 3. RESURVEY AND MARKING. 

The Secretary of the Interior shall ensure that the boundary for the restored 

lands described in section 2(a) is surveyed and clearly marked in conformance with 

the public system of surveys extended over such lands. 

SEC. 4. WATER RIGHTS. 

The restored lands described in section 2(a) and shown on the Map shall have no 

Federal reserve water rights to surface water or ground water from any source. 

SEC. 5. PUBLIC ACCESS. 

Continued access to the restored lands described in section (2)(a) for hunting and 

other existing recreational purposes shall remain available to the public under reasonable rules and regulations promulgated by the Colorado River Indian Tribes. 

SEC. 6. ECONOMIC ACTIVITY. 

(a) IN GENERAL.—The restored lands described in section (2)(a) shall be subject 

to all rights-of-way, easements, leases, and mining claims existing on the date of 

the enactment of this Act. The United States reserves the right to continue all Reclamation projects, including the right to access and remove mineral materials for 

Colorado River maintenance on the restored lands described in section (2)(a). 

(b) ADDITIONAL RIGHTS-OF-WAY.—Notwithstanding any other provision of law, the 

Secretary, in consultation with the Tribe, shall grant additional rights-of-way, expansions, or renewals of existing rights-of-way for roads, utilities, and other accomVerDate jul 14 2003 00:25 Sep 30, 2004 Jkt 029010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6621 E:\HR\OC\HR701.XXX HR701
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modations to adjoining landowners or existing right-of-way holders, or their successors and assigns, if— (1) the proposed right-of-way is necessary to the needs of the applicant; 

(2) the proposed right-of-way acquisition will not cause significant and substantial harm to the Colorado River Indian Tribes; and 

(3) the proposed right-of-way complies with the procedures in part 169 of title 

25, Code of Federal Regulations consistent with this subsection and other generally applicable Federal laws unrelated to the acquisition of interests on trust 

lands, except that section 169.3 of those regulations shall not be applicable to 

expansions or renewals of existing rights-of-way for roads and utilities. 

(c) FEES.—The fees charged for the renewal of any valid lease, easement, or rightof-way subject to this section shall not be greater than the current Federal rate for 

such a lease, easement, or right-of-way at the time of renewal if the holder has been 

in substantial compliance with all terms of the lease, easement, or right-of-way. 

SEC. 7. GAMING. 

The Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall not apply to the 

restored lands described in section (2)(a).

PURPOSE OF THE BILL

The purpose of H.R. 2941 is to correct the south boundary of the 

Colorado River Indian Reservation in Arizona, and for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 2941, the ‘‘Colorado River Indian Reservation Boundary 

Correction Act,’’ restores certain federal lands in Arizona to the 

Colorado River Indian Reservation. 

The Colorado River Indian Reservation, comprising approximately 270,000 acres along the Colorado River in the States of Arizona and California, was established by an Act of Congress on 

March 3, 1865. President Grant issued Executive Orders to expand 

the boundary of the Reservation to prevent encroachment by nonIndians. In 1875, a Mr. Chandler Robbins surveyed the Reservation 

and delineated a new southern boundary, which included 16,000 

acres in Arizona known as the ‘‘La Paz’’ lands. To address trespass 

by outsiders, the government accepted and approved a resurvey of 

the Robbins Survey by a Mr. Guy Harrington in 1912. 

In 1915 the Secretary of Interior reversed the findings of the 

Robbins and Harrington surveys. As a result, President Wilson 

that same year issued an Executive Order excluding the La Paz 

lands from the reservation. 

Historical evidence gathered over the years indicates the exclusion of the La Paz lands from the Reservation was done in error 

or with the purpose of preventing the tribe from acquiring the 

lands. At present, virtually no one disagrees with the objective of 

returning the La Paz to the tribe’s reservation. In 1980 and 1981, 

Senator Barry Goldwater introduced bills (S. 2317 and S. 1652), to 

restore La Paz lands to the reservation. Hearings were held in the 

Senate on S. 1652 but no further substantive congressional action 

occurred on this issue until now. 

H.R. 2941 corrects the south boundary of the reservation by placing the La Paz lands in trust for the benefit of the Colorado River 

Indian Tribes and drawing the boundary of the reservation around 

these lands. The restoration excludes a 320-acre parcel of land 

owned by the State of Arizona. The bill provides that no water 

rights issues are affected by this bill. Valid existing rights, including public recreational access subject to reasonable tribal rules, are 

preserved. 

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On April 21, 2004, the full committee held a hearing on H.R. 

2941. Witnesses representing the Interior Department and the 

tribe testified. Both were supportive of the bill, however, the Administration raised concerns relating to rights-of-way and leaseholder interests. Subsequent to the hearing, the Committee was informed that two utilities have right-of-way interests on a portion 

of the La Paz lands. 

In the Committee markup of H.R. 2941, an amendment in the 

nature of a substitute was adopted to address these issues. To describe the La Paz lands, the amendment references a map on file 

with the Bureau of Land Management instead of the tediously 

lengthy written description in the underlying bill. It also clarifies 

the protection of valid interests in the lands transferred to the 

tribe, including rights-of-way held by two utilities. The amendment 

also adds a new section 7 to H.R. 2941 which provides that the Indian Gaming Regulatory Act does not apply to the restored lands. 

COMMITTEE ACTION

H.R. 2941 was introduced on July 25, 2003, by Congressman 

Rau ́l Grijalva (D–AZ). The bill was referred to the Committee on 

Resources. On April 21, 2004, the Full Resources Committee held 

a hearing on the bill. On September 15, 2004, the Full Committee 

met to consider the bill. Mr. Grijalva offered an amendment in the 

nature of a substitute. It was adopted by unanimous consent. The 

bill as amended was then ordered favorably reported to the House 

of Representatives by unanimous consent. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on Resources’ oversight findings and recommendations are reflected in 

the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, credit authority, or an increase 

or decrease in revenues or tax expenditures. According to the Congressional Budget Office, enacting H.R. 2941 could affect direct 

spending (including offsetting receipts), but it estimates that any 

such effects would be negligible. 

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3. General Performance Goals and Objectives. This bill does not 

authorize funding and therefore, clause 3(c)(4) of rule XIII of the 

Rules of the House of Representatives does not apply. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office:

H.R. 2941—Colorado River Indian Reservation Boundary Correction Act 

CBO estimates that implementing H.R. 2941 would have no significant impact on the Federal budget. Enacting the bill could affect direct spending (including offsetting receipts), but we estimate 

that any such efforts would be negligible. The legislation contains 

no intergovernmental or private-sector mandates as defined in the 

Unfunded Mandates Reform Act. Enacting this bill would benefit 

the Colorado River Indian Tribes and would have no significant impact on the budgets of State, local, or tribal governments. 

H.R. 2941 would direct the Secretary of the Interior to convey, 

for no consideration, 15,375 acres of Federal land in Arizona to the 

Colorado River Indian Reservation, to be held in trust by the 

United States on behalf of the Colorado River Indian Tribes. According to the Department of the Interior, the land to be conveyed 

currently includes several rights of way that could be affected. The 

department currently collects a few thousand dollars a year for 

those rights of way. Hence, CBO estimates that conveying the land 

would not significantly affect offsetting receipts (a credit against direct spending). Based on information from the Department of the 

Interior, the administrative costs of the conveyance, which would 

be subject to appropriation, would be negligible. 

The CBO staff contact for this estimate is Mike Waters. This estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law.

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