Ak-Chin requests, city resists halt to road construction

The Bureau of Indian Affairs has issued a cease-and-desist letter to the city of Maricopa to halt construction near the forthcoming Sonoran Desert Parkway, according to a statement from the Ak-Chin Indian Community.  

In a news release issued Wednesday, the community stated the BIA became involved after Ak-Chin requested on multiple occasions the city stop construction on the $30 million project to address right-of-way road assignments across tribal lands. Although the community said it supports the construction of the parkway, they claim the city “neglected to follow federal law to obtain proper right-of-way” along State Route 347. 

“Like any landowner, the Ak-Chin Indian Community has the legal right and responsibility to protect its property from trespass,” said Ak-Chin Chairman Robert Miguel.  

The announcement comes just days after construction began for road improvements and traffic signals on the intersection of John Wayne and Ak-Chin parkways, which will join with Sonoran Desert Parkway by early fall.  

The city, however, asserts the claims are incorrect.  

“(Maricopa) affirms that the Sonoran Desert Parkway has been and will be done in full legal compliance, and in the best interests of public safety,” said Quinn Konold, Maricopa’s communications and cultural services director.  

The contested area exists in a 50-foot easement, a strip of land near the left-most southbound lanes that allows for construction. The area was previously under jurisdiction of Pinal County but the Arizona Department of Transportation transferred maintenance of segments of SR 347 to Maricopa in September 2022. The city took ownership of portions of the roadway beginning Dec. 16. 

However, on Sept. 29, Miguel sent a letter to ADOT and the city stating that Ak-Chin did not consent to the transfer for roadway on tribal land between Juan Street and Steen Road.  

They repeated this demand in three additional letters sent to the city in November and December. Two of these included cease-and-desist letters.  

Deputy City Manager Benjamin Bitter explained the contested area is currently not part of the construction.  

“(These are) two different projects, two different concepts that need to be separated but, for some reason, people keep wanting to bring them together and that isn’t appropriate,” said  Bitter. “It doesn’t make a lot of sense.” 

Miguel, in an earlier letter, argued that the move encroaches on Ak Chin land without permission. 

“Federal law requires notice and approval of the Community and Bureau of Indian Affairs before any ROW assignment is valid,” wrote Miguel in a Nov. 7 letter. “The community is the owner of such lands and has significant interests in rights-of-way across its land, entry and access onto its lands, and construction along and nearby its Reservation.”  

“Any roadway construction and improvements within the ROW and/or related to the Sonoran Desert Parkway Project must include input from the community,” Miguel said. 

The BIA controls ROW assignments on tribal lands in order to assist in managing and protecting tribal lands and resources, as well as promoting tribal self-determination and economic development. The approval process can take up to 60 days. 

“This is truly an unfortunate situation, as our community supports the Desert Sonoran Parkway (sic) project and would like to see this work completed as quickly as possible,” Miguel said. “If the City of Maricopa had sought right-of-way assignment last summer when we formally raised this issue, it is likely the transfer would have been completed and roadway work could be underway at this time.” 

Konold maintains the city attempted to address these issues in a timely manner.  

“The assertion that the city has been slow or negligent in adhering to this process is incorrect,” Konold said. “Within ten days of this turnover (on Dec. 16), ADOT requested that the BIA assign the Easement to the City of Maricopa. BIA failed to act on this request, or provide any communication on the same, until May 4th.” 

Bitter explained that even with this kerfuffle over right-of-way assignments and threatening to halt progress, both parties maintain their dedication to continuing construction on the Sonoran Desert Parkway.  

“The Sonoran Desert Parkway continues construction … regardless of what happens with the right-of-way assignment process with the BIA,” said Bitter. “Whatever happens with that is fine, we’re going to keep going forward with our activities on our land that we own, operate and pay for.” 

Konold pointed out that the disagreement doesn’t lessen the value of the project to either side. 

“The city values its long-standing partnership with Ak-Chin,” Konold said. “We now look forward to the mutual benefits that will arise from the completion of this important project.”