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Ak-Chin requests, city resists halt to road construction

Construction progress of the Sonoran Desert Parkway, taken May 11, 2023. [Bryan Mordt]

Indian Affairs Bureau have Actin Indian Community said in a statement that the company had issued a cease and desist order to the city of Maricopa to halt construction near a planned Sonoran Desert Parkway.

In a news release issued Wednesday, the community said the BIA was involved after Akchin repeatedly called on the city to stop construction on a $30 million project to address road allocations across tribal lands. He said he came to do it. The community said it supported the construction of the parkway, but claimed the city “failed to follow federal law to obtain proper right-of-way” along State Route 347.

“Like any other landowner, the Actin Indian community has legal rights and responsibilities to protect their property from trespassing,” said Actin Chairman Robert Miguel.

The announcement comes days after road improvements and traffic signal construction began at the intersection of John Wayne Parkway and Ak-Chin Parkway, which will join the Sonoran Desert Parkway by early fall.

However, the city maintains that the claim is false.

“(Maricopa) affirms that the Sonoran Desert Parkway has been and will continue to operate in full compliance with the law and with public safety as its top priority,” said Quinn Connold. Maricopa Director of Communications and Cultural Services.

The disputed land lies within a 50-foot easement, which is a strip of land near the leftmost southbound lane on which construction is possible.The area was formerly under the jurisdiction of Pinal County, but now under the jurisdiction of the Arizona Department of Transportation relocation maintenance The city took ownership of part of the road from December 16th.

However, on September 29, Miguel wrote to ADOT and the city saying that Akchin did not agree to the transfer of the tribal land road between Juan and Steen streets.

They repeated this request in three additional letters sent to the city in November and December. Two of his cases included a cease and desist letter.

Deputy city manager Benjamin Bitter explained that the disputed area is no longer part of the city. construction.

(These are) two different projects, two different concepts, they should be separated, but for some reason people keep wanting to put them together and that’s not right. ” bitter. “It doesn’t make much sense.”

In an earlier letter, Miguel claimed that the relocation encroached on Ak Chin’s land without permission.

“Federal law requires notification and approval of communities and the Indian Affairs Service before any ROW allocation can take effect,” Miguel wrote in a Nov. 7 letter. “The community is the owner of such land and has significant interests in right-of-way over the land, entry into and access to the land, and construction along and near the reservation.”

“The construction and improvement of roads within the ROW and/or related to the Sonoran Desert Parkway project should include input from the community,” Miguel said.

of BIA Controls ROW Allocation on Tribal Lands It aims to help tribes manage and protect their lands and resources, and to promote tribal self-determination and economic development. The approval process can take up to 60 days.

“This is a really unfortunate situation as our community supports the Sonora Parkway[sic]project in the desert and we want this work to be completed as soon as possible,” said Miguel. rice field. “Had the City of Maricopa asked for a road right-of-way transfer last summer when we formally raised the issue, it probably would have been completed at this point and road construction was underway.”

Connold claims the city tried to address these issues in a timely manner.

“The allegation that the city was slow or negligent in adhering to this process is incorrect,” Connold said. “Within 10 days of this transfer (December 16th), ADOT requested his BIA to assign an easement to the City of Maricopa. I was unable to provide any communication regarding that.”

Bitter explained that both parties remain committed to continuing construction of the Sonoran Desert Parkway despite all the fuss over the land allocation, which threatens to halt progress.

“The Sonoran Desert Parkway continues construction regardless of what happens in the site allocation process with BIA,” Bitter said. “So whatever happens, it doesn’t matter. We will continue to operate on the land that we own, operate and pay for.”

Connold noted that disagreements do not detract from the value of the project for either side.

“The city values ​​its long-standing partnership with Actin,” said Connold. “We are now looking forward to the mutually beneficial completion of this important project.”

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