[Congressional Record Volume 153, Number 123 (Monday, July 30, 2007)]
[House]
[Pages H8828-H8829]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   PECHANGA BAND OF LUISENO MISSION INDIANS LAND TRANSFER ACT OF 2007

  Mrs. CHRISTENSEN. Mr. Speaker, I ask unanimous consent that the 
Committee on Natural Resources be discharged from further consideration 
of the bill (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, and ask for 
its immediate consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from the Virgin Islands?
  There was no objection.
  The Clerk read the bill, as follows:

                               H.R. 2963

       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).

[[Page H8829]]

       (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).
  Mrs. CHRISTENSEN. Mr. Speaker, preserving tribal cultures is a 
fundamental aspect of the United States' trust responsibility to Indian 
tribes and is key to the survival of Native America. The Federal 
government can begin to meet this responsibility by transferring land 
that is an integral part of a tribe's culture to the tribe. This 
measure does just that.
  Introduced by my friend from the other side of the aisle, 
Representative Darrell Issa, this measure would transfer land 
administered by the Bureau of Land Management to be held in trust for 
the Pechanga Band in California. The land contains sites and plants 
integral to the Tribe's culture and religion.
  Because of the importance of the land to the cultural survival of the 
Tribe, the legislation requires that the land may only be used for the 
protection, preservation, and maintenance of archaeological, cultural, 
and wildlife resources. Only maintenance roads may be constructed and 
the land must be administered in accordance with a memorandum of 
understanding between the Tribe and the United States Fish and Wildlife 
Service.
  The pending measure would also transfer approximately 12 acres to the 
San Diego Gas and Electric Company, which has an unauthorized electric 
line on part of the land. The land will be transferred only upon 
payment of fair market value for the land, plus payment for the past 
unauthorized use of the land.
  Last Congress, a similar measure passed the House, and I would note 
that this measure is supported by the City of Temecula, and the 
Riverside County Board of Supervisors.
  I urge my colleagues to support this measure.
  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

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