Colorado River Indian Reservation Boundary Correction Act - Declares that the boundaries of the Colorado River Indian Reservation are the boundaries delineated by the Robbins Survey of 1875 and affirmed by the Harrington Resurvey of 1912 (which include 16,000 acres known as the La Paz lands).
Restores to the Reservation all right, title, and interest of the United States to those lands within such boundaries that were excluded from the Reservation pursuant to Executive Order No. 2273 (November 22, 1915), which shall be held in trust by the United States on behalf of the Colorado River Indian Tribes. (Excludes from such restored lands specified lands under title to the Arizona State Lands Department.)
Subjects the restored lands to all existing rights-of-way, easements, leases, and mining claims. Declares that 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. Requires the Secretary of the Interior to grant additional rights-of-way, expansions, or renewals of existing rights-of-way for roads, utilities, and other accommodations to adjoining landowners or existing right-of-way holders, if certain criteria are met.
Prohibits gaming on lands taken into trust under this Act.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2941 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 2941
To correct the south boundary of the Colorado River Indian Reservation
in Arizona, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 25, 2003
Mr. Grijalva (for himself, Mr. Flake, Mr. Renzi, Mr. Hayworth, and Mr.
Pastor) introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To correct the south boundary of the Colorado River Indian Reservation
in Arizona, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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 ``Harrington 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 in section 1.
(b) 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 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.
(c) Description.--Consistent with the provisions of this Act, the
following described lands are hereby restored to the boundaries of the
Colorado River Indian Reservation:
(1) Beginning at a point at the corner common to townships
3 and 4 north, ranges 21 and 22 west of the Gila and Salt River
meridian, Arizona, which is the designated southeast corner of
the present reservation pursuant to Executive Order Numbered
2273.
(2) Thence easterly along the township and section line
common to section 6, township and section line common to
section 6, township 3 north, range 21 west of the Gila and Salt
river meridian for 79.15 chains to angle point 2 established by
G.P. Harrington in 1912 near the corner common to section 5 and
6, township 3 north range 21 west and sections 31 and 32,
township 4 north, range 21 west of the Gila and Salt River
meridian.
(3) Thence south 71 degrees 30 minutes east 31.77 chains to
angle point 3 established by Harrington (1912) and presently
located on the line common to lots 3 and 6 of section 5,
township 3 north, range 21 west of the Gila and Salt River
meridian.
(4) Thence north 88 degrees 15 minutes east 73.23 chains to
angle point 4 established by Harrington (1912) and presently
located at the corner common to lots 3, 7, and 8 of section 4,
township 3 north, range 21 west of the Gila and Salt River
meridian.
(5) Thence south 81 degrees 00 minutes east 26.32 chains to
angle point 5 established by Harrington (1912) and presently
located along the line common to lots 2 and 6 of section 4,
township 3 north, range 21 west of the Gila and Salt River
meridian.
(6) Thence south 63 degrees 30 minutes east 58.83 chains to
angle point 6 established by Harrington (1912) and presently
located along the line common to lots 2 and 8 of section 3,
township 3 north, range 21 west of the Gila and Salt River
meridian.
(7) Thence north 86 degrees 00 minutes east 24.62 chains to
angle point 7 established by Harrington (1912) and presently
located along the line common to lots 1 and 6 of section 3,
township 3 north, range 21 west of the Gila and Salt River
meridian.
(8) Thence south 52 degrees 30 minutes east 25.23 chains to
angle point 8 established by Harrington (1912) and presently
located along the line common to lots 4 and 10 of section 8,
township 3 north, range 21 west of the Gila and Salt River
meridian.
(9) Thence south 22 degrees 00 minutes east 8.80 chains to
angle point 9 established by Harrington (1912) and presently
located along the line common to lots 5 and 10 of section 3,
township 3 north, range 21 west of the Gila and Salt River
meridian.
(10) Thence south 13 degrees 30 minutes east 12.25 chains
to angle point 10 established by Harrington (1912) and
presently located along the line common to lot 5 of section 3
and lot 1 of section 10, township 3 north, range 21 west of the
Gila and Salt River meridian.
(11) Thence south 44 degrees 00 minutes east 16.10 chains
to angle point 11 established by Harrington (1912) and
presently located along the line common to lots 1 and 5 of
section 11, township 3 north, range 21 west of the Gila and
Salt River meridian.
(12) Thence south 17 degrees 00 minutes east 15.00 chains
to angle point 12 established by Harrington (1912) and
presently located along the line common to lots 1 and 5 and
approximately at the common corner of lots 1, 2, and 5 of
section 11, township 3 north, range 21 west of the Gila and
Salt River meridian.
(13) Thence south 53 degrees 30 minutes east 27.25 chains
to angle point 13 established by Harrington (1912) and
presently located along the line common to lots 2 and 7 of
section 11, township 3 north, range 21 west of the Gila and
Salt River meridian.
(14) Thence south 54 degrees 30 minutes east 14.29 chains
to angle point 14 established by Harrington (1912) and
presently located along the line common to lots 3 and 7 of
section 11, township 3 north, range 21 west of the Gila and
Salt River meridian.
(15) Thence south 44 degrees 30 minutes east 19.21 chains
to angle point 15 established by Harrington (1912) and
presently located along the line common to lots 3 and 8 of
section 11, township 3 north, range 21 west of the Gila and
Salt River meridian.
(16) Thence south 53 degrees 30 minutes east 159.60 chains
to angle point 16 established by Harrington (1912) and
presently located along the line common to lot 5 of section 18
and section 19 of township 3 north, range 20 west of the Gila
and Salt River meridian.
(17) Thence south 65 degrees 00 minutes east 6.05 chains to
angle point 17 established by Harrington (1912) and as
presently located on the line common to lot 5 of section 18 and
section 19 of township 3 north, range 20 west at the southeast
corner of lot 5, which as reestablished will also serve as the
southeast corner of the Colorado River Indian Reservation.
(18) Thence north 1 degree 33 minutes east 409.64 chains to
angle point 18 established by Harrington (1912) and on the
boundary line of lot 4, township 4 north, range 20 west of the
Gila and Salt River meridian.
(19) Thence north 6 degrees 36 minutes east 66.17 chains to
the corner common to the southwest corner of lot 4, section 18
and the northeast corner of lot 1, section 19, township 4
north, range 20 west of the Gila and Salt River meridian which
is the southernmost point along the east boundary of the
reservation as defined in Executive Order Numbered 2273.
(20) Thence westerly along the south boundary line of the
reservation as defined in Executive Order Numbered 2273 to the
corner common to sections 18 and 19, townships 4 north, range
21 west and section 13 and 24, township 4 north, range 22 west
of the Gila and Salt River meridian.
(21) Thence southerly along the range line which
constitutes the southeast boundary line as defined in Executive
Order Numbered 2273 for approximately 3 miles to the point of
the beginning.
(d) Exclusion.--Excluded from those lands restored to trust status
on behalf of the Colorado River Indian Tribes that are described under
subsection (c) are the lands under title to the Arizona State Lands
Department. These lands are 320 acres in the East half of Section 36,
Township 4 North, Range 21 West.
SEC. 3. RESURVEY AND MARKING.
The Secretary of the Interior shall ensure that the boundary for
the restored La Paz lands described in section 2 is surveyed and
clearly marked in conformance with the public system of surveys
extended over such lands.
SEC. 4. WATER RIGHTS.
The correction of the Reservation boundary and the restoration of
the La Paz lands to the Reservation pursuant to this Act shall be
deemed not to create any new Federal reserved water right on behalf of
the Colorado River Indian Tribes, nor to expand or diminish any
existing Federal reserved water right held by the Colorado River Indian
Tribes.
SEC. 5. PUBLIC ACCESS.
Continued access to the lands restored to the Reservation pursuant
to this Act 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.
The correction of the Reservation boundary and the restoration of
the La Paz lands to the Reservation as provided for in this Act shall
be deemed not to extinguish any existing mining leases or commercial
leasehold rights through the terms of the existing contractual
obligation. The Colorado River Indian Tribes shall enjoy the right to
renew or cancel all and every such lease as the terms of each and every
lease concludes.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Executive Comment Requested from Interior.
Committee Hearings Held.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Unanimous Consent.
Reported (Amended) by the Committee on Resources. H. Rept. 108-701.
Reported (Amended) by the Committee on Resources. H. Rept. 108-701.
Placed on the Union Calendar, Calendar No. 429.
Mr. Radanovich moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H7685-7686)
DEBATE - The House proceeded with forty minutes of debate on H.R. 2941.
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Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H7685)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H7685)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.