Gila Bend Indian Reservation Lands Replacement Act
PL 99-503 (H.R.4216), enacted 10/20/1986

100 STAT. 1798 
PUBLIC LAW 99-503—OCT. 20, 1986 
Public Law 99-503 
' 
" 
, 
99th Congress 
An Act 
Oct. 20, 1986 
To provide for the replacement of certain lands within the Gila Bend Indian 
[H.R. 4216] 
Reservation, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
Gila Bend Indian United States of America in Congress assembled, 
Reservation 
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SHORT TITLE 
Replacement 
Act 
Public lands. 
SECTION 1. This Act may be cited as the "Gila Bend Indian 
Agriculture and 
Reservation Lands Replacement Act". 
agricultural 
commodities. 
CONGRESSIONAL FINDINGS 
Arizona. 
SEC. 2. The Congress finds that: 
96 Stat. 1282. 
(1) Section 308 of Public Law 97-293 authorizes the Secretary 
of the Interior to exchange certain agricultural lands of the Gila 
Bend Indian Reservation, Arizona, for public lands suitable for 
farming. 
(2) An examination of public lands within a one-hundred-mile 
radius of the reservation disclosed that those which might be 
suitable for agriculture would require substantial Federal out-
lays for construction of irrigation systems, roads, education and 
health facilities. 
(3) The lack of an appropriate land base severely retards the 
economic self-sufficiency of the O'odham people of the Gila 
Bend Indian Reservation, contributes to their high unemploy-
ment and acute health problems, and results in chronic high 
costs for Federal services and transfer payments. 
(4) This Act will facilitate replacement of reservation lands 
with lands suitable for sustained economic use which is not 
principally farming and do not require Federal outlays for 
construction, and promote the economic self-sufficiency of the 
O'odham Indian people. 
DEFINITIONS 
• A: ' 
vs 
SEC. 3. For the purposes of this Act, the term: 
(1) "Central Arizona Project" means the project authorized 
under title III of the Colorado River Basin Project Act (82 Stat. 
887; 43 U.S.C. 1521, et seq.). 
(2) "Tribe" means the Tohono O'odham Nation, formerly 
known as the Papago Tribe of Arizona, organized under section 
16 of the Act of June 18, 1934 (48 Stat. 987; 25 U.S.C. 476). 
(3) "Secretary" means the Secretary of the Interior. 
(4) "San Lucy District" means the political subdivision of the 
Tohono O'odham Nation exercising governmental functions on 
the Gila Bend Indian Reservation. 
PUBLIC LAW 99-503—OCT. 20, 1986 
100 STAT. 1799 
ASSIGNMENT OF TRIBAL LANDS; RETAINED RIGHTS 
SEC. 4. (a) If the tribe assigns to the United States all right, title, 
and interest of the Tribe in nine thousand eight hundred and eighty 
acres of land within the Gila Bend Indian Reservation, the Sec-
retary of the Interior shall pay to the authorized governing body of 
the Tribe the sum of $30,000,000—$10,000,000 in fiscal year 1988, 
$10,000,000 in fiscal year 1989 and $10,000,000 in fiscal year 1990— 
together with interest accruing from the date of enactment of this 
Act at a rate determined by the Secretary of the Treasury taking 
into consideration the average market yield on outstanding Federal 
obligations of comparable maturity, to be used for the benefit of the 
San Lucy District. The Secretary shall accept any assignment under 
this subsection. 
(b) The Tribe shall be permitted to continue to hunt, fish, and 
gather on any lands assigned to the United States under subsection 
(a) of this section so long as such lands remain in Federal ownership. 
(c) With respect to any lands of the Gila Bend Indian Reservation 
which the Tribe does not assign to the United States, the Tribe shall 
have the right to withdraw ground water therefrom from wells 
having a capacity of less than thirty-five gallons per minute and 
which are used only for domestic purposes. 
AUTHORIZATION OF APPROPRIATIONS 
r 
SEC. 5. Effective October 1, 1987 there is authorized to be appro-
priated such sums as may be necessary to carry out the purposes of 
section 4. 
Hunting. 
Fish and fishing. 
Water. 
Effective date. 
USE OF SETTLEMENT FUNDS; ACQUISITION OF LANDS 
SEC. 6. (a) The Tribe shall invest sums received under section 4 in 
interest bearing deposits and securities until expended. The au-
thorized governing body of the Tribe may spend the principal and 
the interest and dividends accruing on such sums on behalf of the 
San Lucy District for land and water rights acquisition, economic 
and community development, and relocation costs. Such income 
may be used by the Tribe for planning and administration related to 
land and water rights acquisition, economic and community develop-
ment and relocation for the San Lucy District. 
(b) The Secretary shall not be responsible for the review, approval 
or audit of the use and expenditure of the moneys referred to in this 
section, nor shall the Secretary be subject to liability for any claim 
or cause of action arising from the Tribe's use and expenditure of 
such moneys. No portion of such moneys shall be used for per capita 
payments to any members of the Tribe. 
(c) The Tribe is authorized to acquire by purchase private lands in 
an amount not to exceed, in the aggregate, nine thousand eight 
hundred and eighty acres. The Tribe and the United States shall be 
forever barred from asserting any and all claims for reserved water 
rights with respect to any land acquired pursuant to this subsection. 
(d) The Secretary, at the request of the Tribe, shall hold in trust 
for the benefit of the Tribe any land which the Tribe acquires 
pursuant to subsection (c) which meets the requirements of this 
subsection. Any land which the Secretary holds in trust shall be 
deemed to be a Federal Indian Reservation for all purposes. Land 
does not meet the requirements of this subsection if it is outside the 
counties of Maricopa, Pinal, and Pima, Arizona, or within the 
Securities. 
Water. 
Community 
development. 
Claims. 
Claims. 
100 STAT. 1800 
PUBLIC LAW 99-503—OCT. 20, 1986 
corporate limits of any city or town. Land meets the requirements of 
this subsection only if it constitutes not more than three separate 
areas consisting of contiguous tracts, at lesist one of which areas 
shall be contiguous to San Lucy Village. The Secretary may waive 
the requirements set forth in the preceding sentence if he deter-
mines that additional areas are appropriate. 
State and local 
(e) The Secretary shall establish a water management plan for 
governments. 
any land which is held in trust under subsection (c) which, except as 
is necessary to be consistent with the provisions of this Act, will 
have the same effect as any management plan developed under 
Arizona law. 
REAL PROPERTY TAXES 
SEC. 7, (a) With respect to any private land acquired by the Tribe 
under section 6 and held in trust by the Secretary, the Secretary 
shall make payments to the State of Arizona and its political 
subdivisions in lieu of real property taxes. 
Contracts. 
(b) The Secretary is authorized to enter into agreements with the 
State of Arizona and its political subdivisions pursuant to which the 
Secretary may satisfy the obligation under subsection (a), in whole 
or in part, through the transfer of public land under his jurisdiction 
or interests therein, including land within the Gila Bend Indian 
Reservation or interests therein. 
Contracts. 
Water. 
WATER D E U V E R Y 
SEC. 8. If the tribe acquires rights to the use of any water by 
purchase, rental, or exchange within the State of Arizona, the 
Secretary, at the request of the Tribe, shall deliver such water, at no 
cost to the United States, through the main project works of the 
Central Arizona Project to any land acquired under section 5(c), if, 
in the judgment of the Secretary, sufficient canal capacity exists to 
convey such water: Provided, That deliveries of such water shall not 
displace deliveries of Central Arizona Project water. The rate 
charged to the tribe for water delivery shall be the same as that 
charged by the Central Arizona Water Conservation District pursu-
ant to contracts entered into pursuant to the Colorado River Basin 
Project Act (43 U.S.C. 1521, et seq.). Nothing in this section shall be 
deemed to obligate the Secretary to construct any water delivery 
system. 
WAIVER AND RELEASE OF CLAIMS; EFFECTIVE DATE 
SEC. 9. (a) The Secretary shall be required to carry out the 
obligations of this Act only if within one year after the enactment of 
this Act the Tribe executes a waiver and release in a manner 
satisfactory to the Secretary of any and all claims of water rights or 
injuries to land or water rights (including rights to both surface and 
ground water) with respect to the lands of the Gila Bend Indian 
Reservation from time immemorial to the date of the execution by 
the Tribe of such a waiver. 
(b) Nothing in this section shall be construed as a waiver or 
release by the Tribe of any claim where such claim arises under this 
Act. 
(c) The assignment referred to in section 4 and the waiver and 
release referred to in this section shall not take effect until such 
time as the full amount authorized to be appropriated in section 4 
has been appropriated by the Congress and paid to the Tribe. 
PUBLIC LAW 99-503—OCT. 20, 1986 
100 STAT. 1801 
COMPLIANCE WITH BUDGET ACT 
SEC. 10. No authority under this Act to enter into contracts or to Contracts. 
make payments shall be effective except to the extent and in such Effective date, 
amounts as provided in advance in appropriations Acts. Any provi-
sion of this Act which, directly or indirectly, authorizes the enact-
ment of new budget authority shall be effective only for fiscal years 
beginning after September 30,1987. 
Approved October 20,1986. 
LEGISLATIVE HISTORY—H.R. 4216: 
HOUSE REPORTS: No. 99-851 (Comm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 132 (1986): 
Sept. 23, considered and passed House. 
Oct. 1, considered and passed Senate.