[Congressional Record Volume 154, Number 94 (Monday, June 9, 2008)]
[Extensions of Remarks]
[Page E1175]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




REGARDING THE LAND USE RESTRICTION PROVISION OF H.R. 2963, THE PECHANGA 
                           LAND TRANSFER BILL

                                 ______
                                 

                          HON. DARRELL E. ISSA

                             of california

                    in the house of representatives

                          Monday, June 9, 2008

  Mr. ISSA. Madam Speaker, I rise today to speak on an important piece 
of legislation that I have authored, H.R. 2963, The Pechanga Band of 
Luiseno Mission Indians Land Transfer Act of 2007. This legislation 
will place 1,178 acres of land currently maintained by the Bureau of 
Land Management, BLM, into trust for the Pechanga Band of Luiseno 
Mission Indians to manage and maintain. These lands are part of the 
Pechanga tribe's ancestral lands and contain numerous cultural, 
historical, and religious elements of importance to them.
  Specifically, I want to discuss Section 2(h) of the bill, which is 
entitled ``Restricted Use of Transferred Lands.''

       (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).

  When the restrictive language in this section was initially added to 
H.R. 4908, the original version of the bill I introduced in the 108th 
Congress, it was at the request of former House Resources Committee 
Chairman Richard Pombo. It was added during the markup of the bill on 
September 22, 2004, with the purpose of ensuring that no commercial, 
casino or gaming related development would take place on the lands 
designated for transfer within the bill, and that those lands would be 
maintained as open space for the preservation, protection, and 
maintenance of the archaeological, cultural and wildlife resources 
thereon. The development restrictions were added with the assent of 
representatives of the Pechanga tribal government and myself as author 
of the legislation
  Since I reintroduced this bill in the 110th Congress, my intent for 
this section has not changed. In fact, development restrictions within 
the bill were strengthened further with the addition of a prohibition 
of the construction of any roads upon the transferred land other than 
for the purpose of maintenance of archaeological, cultural and wildlife 
resources.
  It is my intention as the author of H.R. 2963 that the legislation 
prohibit commercial, casino or gaming related construction or 
development on the lands designated in this bill, and that they be 
preserved as open space. I believe that the restrictions on the use of 
transferred lands included in this bill are a clear expression of this 
intent. Additionally, I have conferred with the Solicitor General's 
Office of the Department of the Interior who state that the wording of 
Section 2(h) implements this intent and the land use restrictions are 
enforceable by the Department of the Interior.

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