110 HR 2963 : Pechanga Band of Luiseno Mission
U.S. House of Representatives
2007-08-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
Pechanga Band of Luiseno Mission
Indians Land Transfer Act of 2007
.
2.Transfer of land
in trust for pechanga band of luiseno mission indians
(a)Transfer and
administration
(1)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)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)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)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)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)
(A)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)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)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)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)The map referred to in subsection (b) shall be on file in
the appropriate offices of the Bureau of Land Management.
(f)
(1)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)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)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)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)There shall be no roads
other than for maintenance purposes constructed on the lands transferred under
subsection (a).
Passed the House of
Representatives July 30, 2007.
Lorraine C. Miller,
Clerk.