[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.