[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2963 Enrolled Bill (ENR)]
H.R.2963
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
An Act
To transfer certain land in Riverside County, California, and San Diego
County, California, from the Bureau of Land Management to the United
States to be held in trust for the Pechanga Band of Luiseno Mission
Indians, 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.
This Act may be cited as the ``Pechanga Band of Luiseno Mission
Indians Land Transfer Act of 2007''.
SEC. 2. TRANSFER OF LAND IN TRUST FOR PECHANGA BAND OF LUISENO MISSION
INDIANS.
(a) Transfer and Administration.--
(1) Transfer.--Effective on the date of the enactment of this
Act and subject to valid existing rights, all right, title, and
interest of the United States in and to the Federal lands described
in subsection (b) (including all improvements thereon,
appurtenances thereto, and rights to all minerals thereon or
therein, including oil and gas, water, and related resources) shall
be held by the United States in trust for the Pechanga Band of
Luiseno Mission Indians, a federally recognized Indian tribe. Such
transfer shall not include the 12.82 acres of lands more or less,
including the facilities, improvements, and appurtenances
associated with the existing 230 kV transmission line in San Diego
County and its 300 foot corridor, more particularly described as a
portion of sec. 6, T. 9 S., R. 2 W., San Bernardino Base and
Meridian, which shall be sold by the Bureau of Land Management for
fair market value to San Diego Gas & Electric Company not later
than 30 days after the completion of the cadastral survey described
in subsection (c) and the appraisal described in subsection (d).
(2) Administration.--The land transferred under paragraph (1)
shall be part of the Pechanga Indian Reservation and administered
in accordance with--
(A) the laws and regulations generally applicable to
property held in trust by the United States for an Indian
tribe; and
(B) a memorandum of understanding entered into between the
Pechanga Band of Luiseno Mission Indians the Bureau of Land
Management, and the United States Fish and Wildlife Service on
November 11, 2005, which shall remain in effect until the date
on which the Western Riverside County Multiple Species Habitat
Conservation Plan expires.
(3) Notification.--At least 45 days before terminating the
memorandum of understanding entered into under paragraph (2)(B),
the Director of the Bureau of Land Management, the Director of the
United States Fish and Wildlife Service, or the Pechanga Band of
Luiseno Mission Indians, as applicable, shall submit notice of the
termination to--
(A) the Committee on Natural Resources of the House of
Representatives;
(B) the Committee on Indian Affairs of the Senate;
(C) the Assistant Secretary for Indian Affairs; and
(D) the members of Congress representing the area subject
to the memorandum of understanding.
(4) Termination or violation of the memorandum of
understanding.--The Director of the Bureau of Land Management and
the Pechanga Band of Luiseno Mission Indians shall submit to
Congress notice of the termination or a violation of the memorandum
of understanding entered into under paragraph (2)(B) unless the
purpose for the termination or violation is the expiration or
cancellation of the Western Riverside County Multiple Species
Habitat Conservation Plan.
(b) Description of Land.--The lands referred to in subsection (a)
consist of approximately 1,178 acres in Riverside County, California,
and San Diego County, California, as referenced on the map titled,
``H.R. 28, the Pechanga Land Transfer Act'' and dated May 2, 2007,
2007, which, before the transfer under such subsection, were
administered by the Bureau of Land Management and are more particularly
described as follows:
(1) Sections 24, 29, 31, and 32 of township 8 south, range 2
west, San Bernardino base and meridian.
(2) Section 6 of township 9 south, range 2 west, lots 2, 3, 5
and 6, San Bernardino Base and Meridian.
(3) Mineral Survey 3540, section 22 of township 5 south, range
4 west, San Bernardino base and meridian.
(c) Survey.--Not later than 180 days after the date of the
enactment of this Act, the Office of Cadastral Survey of the Bureau of
Land Management shall complete a survey of the lands transferred and to
be sold under subsection (a) for the purpose of establishing the
boundaries of the lands.
(d) Conveyance of Utility Corridor.--
(1) In general.--The Secretary shall convey to the San Diego
Gas & Electric Company all right, title, and interest of the United
States in and to the utility corridor upon--
(A) the completion of the survey required under subsection
(c);
(B) the receipt by the Secretary of all rents and other
fees that may be due to the United States for use of the
utility corridor, if any; and
(C) the receipt of payment by United States from the San
Diego Gas & Electric Company of consideration in an amount
equal to the fair market value of the utility corridor, as
determined by an appraisal conducted under paragraph (2).
(2) Appraisal.--
(A) In general.--Not later than 90 days after the date on
which the survey of the utility corridor is completed under
subsection (c), the Secretary shall complete an appraisal of
the utility corridor.
(B) Applicable law.--The appraisal under subparagraph (A)
shall be conducted in accordance with--
(i) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(ii) the Uniform Standards of Professional Appraisal
Practice.
(3) Costs.--The San Diego Gas & Electric Company shall pay the
costs of carrying out the conveyance of the utility corridor under
paragraph (1), including any associated survey and appraisal costs.
(4) Disposition of proceeds.--The Secretary shall deposit any
amounts received under paragraph (1)(C) of this section in the
Federal Land Disposal Account established under section 206(a) of
the Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)).
(e) Map on File.--The map referred to in subsection (b) shall be on
file in the appropriate offices of the Bureau of Land Management.
(f) Legal Descriptions.--
(1) Publication.--On approval of the survey completed under
subsection (c) by the duly elected tribal council of the Pechanga
Band of Luiseno Mission Indians, the Secretary of the Interior
shall publish in the Federal Register--
(A) a legal description of the boundary lines; and
(B) legal description of the lands transferred under
subsection (a).
(2) Effect.--Beginning on the date on which the legal
descriptions are published under paragraph (1), such legal
descriptions shall be the official legal descriptions of the
boundary lines and the lands transferred under subsection (a).
(g) Rules of Construction.--Nothing in this Act shall--
(1) enlarge, impair, or otherwise affect any right or claim of
the Pechanga Band of Luiseno Mission Indians to any land or
interest in land that is in existence before the date of the
enactment of this Act;
(2) affect any water right of the Pechanga Band of Luiseno
Mission Indians in existence before the date of the enactment of
this Act; or
(3) terminate any right-of-way or right-of-use issued, granted,
or permitted before the date of enactment of this Act.
(h) Restricted Use of Transferred Lands.--
(1) In general.--The lands transferred under subsection (a) may
be used only as open space and for the protection, preservation,
and maintenance of the archaeological, cultural, and wildlife
resources thereon.
(2) No roads.--There shall be no roads other than for
maintenance purposes constructed on the lands transferred under
subsection (a).
(3) Development prohibited.--
(A) In general.--There shall be no development of
infrastructure or buildings on the land transferred under
subsection (a).
(B) Open space.--The land transferred under subsection (a)
shall be--
(i) maintained as open space; and
(ii) used only for--
(I) purposes consistent with the maintenance of the
land as open space; and
(II) the protection, preservation, and maintenance
of the archaeological, cultural, and wildlife resources
on the land transferred.
(C) Effect.--Nothing in this paragraph prohibits the
construction or maintenance of utilities or structures that
are--
(i) consistent with the maintenance of the land
transferred under subsection (a) as open space; and
(ii) constructed for the protection, preservation, and
maintenance of the archaeological, cultural, and wildlife
resources on the land transferred.
(4) Gaming prohibited.--The Pechanga Band of Luiseno Mission
Indians may not conduct, on any land acquired by the Pechanga Band
of Luiseno Mission Indians pursuant to this Act, gaming activities
or activities conducted in conjunction with the operation of a
casino--
(A) as a matter of claimed inherent authority; or
(B) under any Federal law (including the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.) (including any
regulations promulgated by the Secretary or the National Indian
Gaming Commission under that Act)).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.