[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2963 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 2963
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 10, 2007
Mr. Issa introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
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
and the United States Fish and Wildlife Service.
(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 January 12, 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 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).
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