To correct the south boundary of the Colorado River Indian Reservation in Arizona, and for other purposes.

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

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.

END