[Congressional Record Volume 154, Number 154 (Friday, September 26, 2008)]
[Senate]
[Pages S9851-S9852]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   PECHANGA BAND OF LUISENO MISSION INDIANS LAND TRANSFER ACT OF 2007

  Mr. WHITEHOUSE. I ask unanimous consent that the Senate proceed to 
the immediate consideration of Calendar No. 1081, H.R. 2963.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A 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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Indian Affairs, with 
amendments, as follows:

       [Omit the part within boldface brackets and insert the part 
     printed in italic]
       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 ,] 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 [January 12] 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--

[[Page S9852]]

       (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)).

  Mr. WHITEHOUSE. I ask unanimous consent that the committee-reported 
amendments be agreed to, the bill, as amended, be read a third time and 
passed, the motion to reconsider be laid upon the table, with no 
interviewing action or debate, and any statements relating to this 
measure be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendments were agreed to.
  The amendments were ordered to be engrossed and the bill to be read a 
third time.
  The bill (H.R. 2963), as amended, was read the third time, and 
passed.

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