I 
115TH CONGRESS 
1ST SESSION H. R. 4032 
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. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 12, 2017 
Mr. O’HALLERAN (for himself, Mr. BIGGS, Mr. FRANKS of Arizona, Mr. 
GALLEGO, Mr. GOSAR, and Mr. SCHWEIKERT) introduced the following 
bill; which was referred to the Committee on Natural Resources 
A BILL 
To confirm undocumented Federal rights-of-way or ease-
ments 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Gila River Indian Com-
munity Federal Rights-of-Way, Easements and Boundary 
Clarification Act’’. 
SEC. 2. FINDINGS. 
Congress finds as follows: 
(1) The Community has filed suit against the 
United States for an accounting of its Tribal trust 
resources and Tribal trust funds in Gila River In-
dian Community v. Jewell, No. 06–2249 (D.D.C. 
filed Dec. 29, 2006). 
(2) The United States and the Community en-
tered into a settlement for certain of the claims en-
compassed in this suit. 
(3) The Bureau of Indian Affairs has indicated 
its support for this Act providing non-monetary re-
lief regarding certain allegedly undocumented Fed-
eral rights-of-way on the Reservation, confirming the 
northern boundary of the Reservation, providing 
trust status for certain identified lands, and any 
other matters that the Community and the United 
States deem to be appropriate. 
(4) Lands to be taken into trust pursuant to 
this Act are of historic and cultural significance to 
the Community, its members, and allottees. 
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(5) The uncertainty created by the inability to 
locate legal documentation to substantiate numerous 
Federal rights-of-way or easements on the Reserva-
tion is creating obstacles to the Community’s ability 
to fulfill its obligations under the Arizona Water 
Settlements Act and to plan for and undertake eco-
nomic development on the Reservation. 
(6) There is benefit to the Community, its 
members, and allottees by establishing legal docu-
mentation to substantiate numerous Federal rights- 
of-way on the Reservation. 
(7) There is benefit to both the Community and 
non-Indian owners of land adjacent to the Reserva-
tion by providing a fixed boundary for the northern 
boundary of the Reservation. 
SEC. 3. 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 bound-
aries of the Reservation as of the date of the enact-
ment 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 
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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 Com-
munity; 
(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 manage-
ment 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. 4. 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. 
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(2) COMMUNITY.—The term ‘‘Community’’ 
means the Gila River Indian Community, a govern-
ment 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). 
(3) DISPUTED
AREA.—The term ‘‘Disputed 
Area’’ means the land north of the Harrington Sur-
vey 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 as-
sociated 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) trans-
portation facilities, including public roads, 
bridges, drainage structures, culverts, ferry 
routes, marine terminals, transit facilities, 
boardwalks, pedestrian paths, trails, and their 
appurtenances, and other transportation facili-
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ties, 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 ad-
ministered by the Secretary through the Bureau 
of Land Management that have been identified 
and designated for disposal by the Bureau of 
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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 pur-
suant to the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1701 et seq.). 
(7) HARRINGTON
SURVEY.—The term ‘‘Har-
rington 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 of-
ficially filed on November 3, 1920, on file with the 
Bureau of Land Management. 
(8) RESERVATION.—The term ‘‘Reservation’’ 
means the land located within the exterior bound-
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aries 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, Ease-
ments, 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 Reserva-
tion on the date of enactment of this Act, which map 
is submitted to Congress as part of the Congres-
sional record accompanying this Act. 
(10) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
SEC. 5. LAND INTO TRUST FOR BENEFIT OF THE COMMU-
NITY. 
(a) IN GENERAL.—The Secretary shall take the 
Lower Sonoran Lands into trust for the benefit of the 
Community, after the Community— 
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(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) conducts a survey (to the satisfaction of the 
Secretary) to determine the exact acreage and legal 
description of the Lower Sonoran Lands, if the Sec-
retary determines a survey is necessary; and 
(4) pays all costs of any survey conducted 
under paragraph (3). 
(b) AVAILABILITY
OF
LOWER
SONORAN
LANDS 
MAP.—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 RES-
ERVATION.—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). 
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(e) DESCRIPTION.—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. 6. 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 Execu-
tive Order as along the middle of the Salt River shall be 
modified to be a fixed and permanent boundary as estab-
lished by the Harrington Survey of 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 modi-
fied 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 
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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 Reserva-
tion boundary shall be affected by this Act except as spe-
cifically set forth in this Act. 
(e) 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. SATISFACTION AND SUBSTITUTION OF CLAIMS. 
(a) INTENT OF CONGRESS.—It is the intent of Con-
gress to provide to the Community, its members, and 
allottees benefits that are equivalent to or exceed the bene-
fits the Community, its members, and allottees may pos-
sess as of the date of the enactment of this Act, taking 
into consideration— 
(1) the potential risks, cost, and time delay as-
sociated with litigation; 
(2) the cultural and historic significance of the 
Lower Sonoran Lands to the Community, its mem-
bers, and allottees; 
(3) the benefit to the Community, its members, 
and allottees associated with having a fixed northern 
boundary of the Reservation; 
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(4) the benefits that will accrue to the Commu-
nity, 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 Com-
munity, 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 enact-
ment of this Act; and 
(2) for the United States alleged failure to es-
tablish, 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 ef-
fective on the later of the date on which the Secretary— 
(1) publishes in the Federal Register the notice 
required under section 5(a)(4); 
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(2) publishes in the Federal Register the notice 
required under section 6(e); and 
(3) completes the surveys for the Federal 
rights-of-way required under this Act. 
SEC. 8. FEDERAL RIGHTS-OF-WAY. 
(a) ESTABLISHED, RATIFIED, AND CONFIRMED.—All 
of the rights-of-way depicted in the ROW, Easements, and 
Federal and Tribal Facilities Map accompanying this Act 
are hereby established, ratified, and confirmed. The spe-
cific position and dimensions of such rights-of-way are to 
be determined following a survey conducted in accordance 
with section 9. 
(b) GRANTEE OR APPLICANT.—The Federal Govern-
ment shall be considered the grantee or applicant for any 
and all rights-of-way established pursuant to this Act. 
(c) TERMINATION.—Any rights-of-way established by 
this Act may be terminated pursuant to section 169.20 
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. 
(d) 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 
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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 accord-
ance 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 regula-
tion specifically governing rights-of-ways or easements on 
Indian lands. 
SEC. 9. SURVEY. 
(a) 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 pub-
lished in the Federal Register. 
(b) CONTRACT.—The Bureau of Indian Affairs is au-
thorized, subject to appropriations, to contract for the sur-
vey 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 au-
thorized and undertaken pursuant to subsection (a), the 
Community and the Bureau of Indian Affairs may deter-
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mine 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 Fed-
eral Tribal Facilities Map. 
SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
Subject to available appropriations, there are author-
ized to be appropriated such sums as are necessary for 
the Secretary to— 
(1) take actions required or authorized by this 
Act; and 
(2) undertake the surveys authorized herein of 
all Federal electrical, road, and irrigation rights-of- 
ways and easements depicted on the ROW, Ease-
ments, and Federal and Tribal Facilities Map ac-
companying this Act. 
SEC. 11. HUNT HIGHWAY. 
Nothing in this Act shall establish, terminate, or oth-
erwise impact any right-of-way or easement associated 
with Hunt Highway in Pinal County, Arizona, including 
the portion of Hunt Highway that traverses the Reserva-
tion. 
Æ 
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