[Congressional Record Volume 151, Number 151 (Tuesday, November 15, 2005)]
[House]
[Pages H10169-H10171]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1415
   PECHANGA BAND OF LUISENO MISSION INDIANS LAND TRANSFER ACT OF 2005

  Mrs. MUSGRAVE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3507) to transfer certain land

[[Page H10170]]

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.
  The Clerk read as follows:

                               H.R. 3507

       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 2005''.

     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.
       (2) Administration.--The transferred land shall be declared 
     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 990.74 acres in 
     Riverside County, California, and San Diego County, 
     California, as referenced on the map titled, ``H.R. 4908, 
     Pechanga Land Transfer Act'' and dated September 13, 2004, 
     which, before the transfer under such subsection, were 
     administered by the Bureau of Land Management and are more 
     particularly described as follows:
       (1) Sections 29, 30, and 32 of township 8 south, range 2 
     west, San Bernardino base and meridian.
       (2) Section 6 of township 9 south, range 2 west, 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 under subsection (a) for the purpose of 
     establishing the boundaries of the lands.
       (d) Map on File.--The map referred to in subsection (b) 
     shall be on file in the appropriate offices of the Bureau of 
     Land Management.
       (e) 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).
       (f) 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; or
       (2) affect any water right of the Pechanga Band of Luiseno 
     Mission Indians in existence before the date of the enactment 
     of this Act.
       (g) Restricted Use of Transferred Lands.--The lands 
     transferred under subsection (a) may be used only for the 
     protection, preservation, and maintenance of the 
     archaeological, cultural, and wildlife resources thereon.

  The SPEAKER pro tempore (Mr. Bishop of Utah). Pursuant to the rule, 
the gentlewoman from Colorado (Mrs. Musgrave) and the gentlewoman from 
the Virgin Islands (Mrs. Christensen) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Colorado (Mrs. Musgrave).


                             General Leave

  Mrs. MUSGRAVE. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Colorado?
  There was no objection.
  Mrs. MUSGRAVE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 3507 is a noncontroversial bill to transfer two 
parcels of public land to the Pechanga Band of Mission Indians. Located 
in Riverside County, California, these lands total 991 acres in size.
  The lands subject to the transfer are currently administered by the 
Bureau of Land Management, but they contain archaeological, cultural 
and wildlife resources that are extremely valuable to the tribe.
  In the last Congress, the Resources Committee held a hearing on a 
similar bill to transfer the same lands. In this hearing, both the 
tribe and the Interior Department testified that these lands belong in 
Tribal ownership.
  After reporting that legislation, it was learned that the U.S. Fish 
and Wildlife Service had certain concerns relating to the management 
and use of the lands, and Congress adjourned before the problem could 
be resolved. These concerns have been addressed through a memorandum of 
understanding between the tribe and the Fish and Wildlife Service, and 
the sponsor of last year's bill has introduced H.R. 3507 to reference 
the MOU.
  Because the lands are part of the Pechanga's ancient heritage, the 
tribe has adopted a resolution to zone them for conservation purposes. 
To reinforce the Tribe's intent, this bill requires the tribe to use 
the properties only for the protection and preservation of cultural, 
archaeological and wildlife resources.
  The Pechanga Tribe should be commended for seeking to care for lands 
that are so important to preserving the heritage of its tribal members. 
In this spirit, I urge my colleagues to support H.R. 3507.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, we on this side on the aisle again have no objection to 
the passage of this bill for the Pechanga Tribe of California.
  Resources Committee Ranking Member Nick Rahall worked hard last 
Congress with the gentleman from California (Mr. Issa) to have land put 
into trust for this tribe so they could preserve an area vital to their 
ceremonies and culture. We expect the tribe to manage this land in a 
similar manner and do not object to its consideration today.
  Mr. ISSA. Mr. Speaker, I rise today to offer H.R. 3507, the Pechanga 
Band of Luiseno Mission Indians Land Transfer Act of 2005, for final 
passage in the House. This bill will transfer approximately 990 acres 
of land currently being held by the Bureau of Land Management to the 
United States to be held in trust for the Pechanga tribe as apart of 
their reservation.
  The Pechanga people have called the Temecula Valley, which is located 
in my district, their home for more than 10,000 years. They like to say 
that they have governed themselves and cared for their lands since time 
immemorial.
  This bill transfers into trust land that has immense historical, 
archaeological, and cultural significance for the Pechanga tribe. It 
also includes a memorandum of understanding that has been agreed upon 
by the Pechanga Tribe and the U.S. Fish and Wildlife Service. This 
M.O.U. provides restrictions that limit the use of this land to only 
preservation, protection and maintenance of its historical and cultural 
artifacts and its resources.
  It is widely agreed that the BLM currently has more land in its 
possession than it can properly care for and maintain. I view the 
opportunity to return this mostly rocky hillside area to those who are 
willing and have the resources to provide proper maintenance and care 
for the land.
  Mr. Speaker, the Pechanga have done an exemplary job of integrating 
and investing in their community, both on their reservation land and 
beyond. They have been good neighbors to the City of Temecula, and have 
demonstrated that they can properly care for and maintain Federal land 
transferred to their care.
  I hope that my colleagues will join me today in voting to pass this 
bill out of the House.
  Mr. BACA. Mr. Speaker, I rise today in support of H.R. 3507, the 
Pechanga Band of Luiseno Mission Indians Land Transfer Act of 2005.
  The Pechanga Tribe has sought for years to acquire this land because 
of its importance as an ancestral burial site.
  This bill demonstrates respect for the sovereignty of the tribe and 
recognizes the importance of preserving America's rich Native American 
Heritage.
  It demonstrates respect for the sovereignty of tribes by ensuring 
that these lands are not

[[Page H10171]]

arbitrarily separated from their tribal community.
  In 2002 I co-sponsored H.R. 3476 to protect the ancestral land of 
Great Oak Ranch because I understand the significance of these sites to 
both the tribe and the surrounding community.
  In preserving these lands we show that we are aware of our 
Congressional responsibility to ensure that archaeological, historical, 
and cultural sites from America's Native American heritage are not 
taken from future generations.
  We must continue the work begun today to restore and strengthen our 
awareness of America's rich Native American history.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield back the balance of my time.
  Mrs. MUSGRAVE. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Colorado (Mrs. Musgrave) that the House suspend the 
rules and pass the bill, H.R. 3507.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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