[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2963 Reported in Senate (RS)]






                                                      Calendar No. 1081
110th CONGRESS
  2d Session
                                H. R. 2963

                          [Report No. 110-503]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2007

                                Received

                             August 3, 2007

       Read twice and referred to the Committee on Indian Affairs

           September 25 (legislative day, September 17), 2008

                Reported by Mr. Dorgan, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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 
                <DELETED>and the United States Fish and Wildlife 
                Service</DELETED>, 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 <DELETED>January 
12</DELETED>May 2, 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)).
                                                      Calendar No. 1081

110th CONGRESS

  2d Session

                               H. R. 2963

                          [Report No. 110-503]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

           September 25 (legislative day, September 17), 2008

                        Reported with amendments