[Congressional Record Volume 169, Number 24 (Monday, February 6, 2023)]
[House]
[Pages H692-H694]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         PALA BAND OF MISSION INDIANS LAND TRANSFER ACT OF 2023

  Mr. WESTERMAN. Madam Speaker, I move to suspend the rules and pass 
the bill (H.R. 423) to take certain land located in San Diego County, 
California, into trust for the benefit of the Pala Band of Mission 
Indians, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 423

       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 ``Pala Band of Mission Indians 
     Land Transfer Act of 2023''.

     SEC. 2. TRANSFER OF LAND IN TRUST FOR THE PALA BAND OF 
                   MISSION INDIANS.

       (a) Transfer and Administration.--
       (1) Transfer of lands into trust.--If, not later than 180 
     days after the date of the enactment of this Act, the Tribe 
     transfers title to the land referred to in subsection (b) to 
     the United States, the Secretary, not later than 180 days 
     after such transfer, shall take that land into trust for the 
     benefit of the Tribe.
       (2) Administration.--The land transferred under paragraph 
     (1) shall be part of the Pala Indian Reservation and 
     administered in accordance with the laws and regulations 
     generally applicable to land held in trust by the United 
     States for an Indian Tribe.
       (b) Land Description.--The land referred to in subsection 
     (a)(1) is the approximately 721.12 acres of land located in 
     San Diego County, California, generally depicted as ``Gregory 
     Canyon Property Boundary'' on the map titled ``Pala Gregory 
     Canyon Property Boundary and Parcels''.
       (c) Rules of Construction.--Nothing in this Act shall--
       (1) enlarge, impair, or otherwise affect any right or claim 
     of the Tribe 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 Tribe in existence before 
     the date of the enactment of this Act; or
       (3) terminate or limit any access in any way to any right-
     of-way or right-of-use issued, granted, or permitted before 
     the date of the enactment of this Act.
       (d) Restricted Use of Transferred Lands.--The Tribe may not 
     conduct, on the land taken into trust for the Tribe pursuant 
     to this Act, gaming activities--
       (1) as a matter of claimed inherent authority; or
       (2) under any Federal law, including the Indian Gaming 
     Regulatory Act (25 U.S.C. 2701 et seq.) and regulations 
     promulgated by the Secretary or the National Indian Gaming 
     Commission under that Act.
       (e) Definitions.--For the purposes of this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Tribe.--The term ``Tribe'' means the Pala Band of 
     Mission Indians.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arkansas (Mr. Westerman) and the gentlewoman from New Mexico (Ms. Leger 
Fernandez) each will control 20 minutes.
  The Chair recognizes the gentleman from Arkansas.


                             General Leave

  Mr. WESTERMAN. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days to revise and extend their remarks 
and to include extraneous material on H.R. 423, the bill now under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arkansas?
  There was no objection.
  Mr. WESTERMAN. Madam Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 423, the Pala Band of Mission Indians Land Transfer 
Act, introduced by my good friend from California, Congressman Issa, 
places approximately 721 acres of land the Pala Band of Mission Indians 
currently owns into trust.
  The Pala Band of Mission Indians are in the southern California town 
of Pala, with the reservation totaling approximately 12,000 acres. 
While the Tribal economy is largely supported by agricultural 
enterprises, the Tribe also operates a 86,000-square-foot Class III 
casino and resort.
  In the early 1990s, San Diego County voters approved a plan to 
establish the

[[Page H693]]

Gregory Canyon landfill project on a 1,700-parcel of land along State 
Route 76 west of the Pala Band's reservation.

                              {time}  1715

  Plans for development of the landfill ceased when the original owner 
of the property fell into bankruptcy in 2014.
  A successor company began exploring other development opportunities 
and began meeting with the Tribe to sell a portion of the land to the 
Tribe for cultural preservation as it contains cultural sites and 
components meaningful to the Pala Band.
  In 2016, 721 acres were purchased by the Tribe. Pala Band Chairman 
Robert Smith testified to Congress that these acres were historically 
occupied by Native peoples and are the site of an ancestral village, 
rock art paintings, and ancient artifacts.
  H.R. 423 does not affect any current land and water rights, nor does 
it impact any rights-of-way or rights-of-use that are currently 
permitted. The bill also prohibits any gaming pursuant to the Indian 
Gaming Regulatory Act on these lands.
  Madam Speaker, I thank Congressman Issa for his leadership on this 
issue. I support the bill, and I urge my colleagues to do the same.
  Madam Speaker, I reserve the balance of my time.
  Ms. LEGER FERNANDEZ. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, it is an honor to be on the floor of the people's 
House once again in support of this bill, as we hope to pass it out of 
the House. It passed in the 117th Congress, and I have great 
expectations that it will do so again.
  H.R. 423, the Pala Band of Mission Indians Land Transfer Act, 
introduced by Representative Issa from California, will direct, as 
noted, the transfer of approximately 721 acres of land into trust for 
the Pala Band of Mission Indians.
  The Pala Band is located in northern San Diego County with 918 
enrolled Tribal members. Members of the Pala Band belong to the Cupeno 
and Luiseno Tribes, who were forced together by Spanish Franciscan 
missionaries during the 1800s.
  The Pala Band recently purchased the property that includes the 
remaining portion of Gregory Mountain that is not on the existing Pala 
Band Reservation and other sacred and culturally significant sites in 
Gregory Canyon.
  The land was purchased to protect and preserve Gregory Mountain, 
Medicine Rock, and other sites considered sacred by Luiseno Tribes.
  Taking land into trust is an integral part of the government-to-
government relationship between the United States and Tribal 
governments. By maintaining Tribal lands, Tribal governments can 
protect and preserve their ancestral homelands or sacred sites 
considered culturally significant.
  This bill takes those 721 acres into trust for the benefit of the 
Pala Band to ensure that the sacred sites and cultural history located 
on those lands will be honored and appropriately safeguarded. As noted, 
it also stipulates that current land and water rights are not affected 
by its enactment, nor is there any effect on any rights-of-way or 
rights-of-use as currently permitted.
  Madam Speaker, I would point out that the two bills we are 
considering on the floor today have significance beyond the acreage 
that is being transferred. As noted earlier, the United States has 
moved from an era when it systematically pushed Native Americans off 
their ancestral lands through treaties that were broken, as we heard 
about in the bill we considered earlier, into ever-smaller territories 
of reservation land.
  There was an effort to try to destroy Tribal culture and ``kill the 
Indian to save the man.'' It has taken far too long, but Congress has 
finally recognized that Tribal nations will not and cannot be 
vanquished out of existence and that previous policies were pushing our 
indigenous nations and Tribes into extreme poverty.
  The 1934 Indian Reorganization Act recognized that allowing Tribes to 
reacquire land and place it into trust was key to the future prosperity 
of Tribes and essential for them to maintain the culturally significant 
areas that are central to their identity, religion, and beliefs.
  It has not been an easy path forward since then, but Congress has 
repeatedly adopted laws that also recognize and strengthen Tribal self-
governance and sovereignty. Today's bills are continuity of this 
recognition.
  Madam Speaker, I take this moment to thank Chairman Westerman for 
bringing these two bipartisan bills to the House floor for passage in 
the first few weeks of our legislative business in the people's House.
  I often note that the Subcommittee on Indian and Insular Affairs, 
previously known as the Subcommittee for Indigenous Peoples of the 
United States, is some of the most bipartisan work in the House. It is 
extremely important work that we do for millions of Native Americans, 
Alaska Natives, and Native Hawaiians, who rely on Congress to act 
consistent with the trust responsibility we owe Tribal nations and 
peoples.
  Congress must legislate on issues regarding criminal jurisdiction, 
health, and education funding, and so much more. Each Member of this 
body represents Native Americans, and many of us represent one or more 
of the 574 federally recognized Tribes. In some districts, like mine, 
they represent a significant portion of the population. In many 
districts, Tribes are major drivers of the economy.
  Approximately 56 million acres of land are held in trust for Tribes 
and individuals, and they are proud stewards of the natural resources 
on those lands.
  Last week, one of my colleagues on the other side of the aisle 
belittled this important congressional work by calling it similar to 
naming post offices. Such a statement does not recognize the importance 
of our work in Congress on Tribal issues.
  In contrast, Chairman Westerman's presentation of these bills today 
demonstrates his commitment and leadership on Tribal issues. Once 
again, I thank Chairman Westerman for recognizing how important our 
work is for Tribal nations and peoples.
  Madam Speaker, I support this bill. I thank Representative Issa for 
bringing it once again to Congress and the floor of the House, and I 
urge my colleagues to vote in favor.

  Madam Speaker, I reserve the balance of my time.
  Mr. WESTERMAN. Madam Speaker, I yield 5 minutes to the gentleman from 
California (Mr. Issa), the sponsor of the bill.
  Mr. ISSA. Madam Speaker, I spoke on this a year or two ago, and not 
much has happened except more time has passed since this land was taken 
from this Tribe.
  I represent 21 Tribes in my congressional district. I believe that 
when I come to the floor, people look and say, well, you are always 
representing Tribal issues. I represent the issues that became an issue 
when Ulysses S. Grant recognized what he had done wrong to Tribes. We 
began the process over 100 years ago of turning around that challenge.
  As the ranking member mentioned, in 1934, we passed significant 
legislation. Much has happened since that time. One of the things that 
has happened is, here on the House floor, we talk about CBO scoring. I 
want to touch on that today, which I didn't do a year ago.
  CBO says this has a cost. Yes, when we move land into trust, when we 
move it into Federal ownership, it loses property tax so there is a 
small cost. This is not a cost objected to by my county or any of the 
surrounding cities.
  The Native American Tribes in my district have more than compensated 
the community from the revenues they earn, and they have been good 
stewards. This land failed to even qualify as a landfill over decades.
  This is land that, to many, would be considered not usable. It has 
water challenges that the Tribe will be spending time and money making 
sure that they prevent the runoff, that they preserve.
  They have antiquity on this site. They will be investing in that.
  Yes, a few Members, mostly in my own party, last year failed to vote 
for this because they said: Well, it is an unfunded mandate. It costs a 
little money.
  Yes, it costs money to transfer things into Federal hands because we 
lose a little bit of revenue, but over 100 years ago--far over that; 
actually, during the Spanish time--this land was taken from a people, 
and there was no compensation.

[[Page H694]]

  As we put it back, I would ask each of the Members who considered not 
voting for it a year ago to reconsider, to consider that every piece of 
every objection, other than that small one, has been taken care of.
  The Tribe will be a better steward of the land than it is now. The 
land will be better preserved and will be used in a way that--
certainly, if you can't qualify as a landfill, it is not exactly the 
land everybody is looking for.
  The reality is the Pala Band has taken what they have earned over the 
years in agriculture and from their gaming concession and are putting 
it back into their ancestral land.
  I have another Tribe that we are working on that is trying to simply 
get their graveyard back into trust. We will have the same challenge. 
They will say: But the graveyard might have an economic cost when it 
goes into Federal land.
  Madam Speaker, I expect this bill to pass--it passed in the last 
Congress--but I would hope that all my colleagues would look very 
carefully and say not all transfers are the same. None of them are the 
same as naming a post office, although naming a post office after a 
fallen hero is not without its own merit.
  Madam Speaker, I thank the chairman and ranking member. I hope that 
my thoughts, in addition to the kind words said by both sides, will 
convince us to be united this year. This is an important piece of 
legislation for a people who have done everything we have asked them to 
do and more.
  Mr. WESTERMAN. Madam Speaker, I thank the gentleman for his tireless 
advocacy on behalf of his constituents, and particularly the Pala Band 
in this instance. I know he has worked on this more than just this 
year.
  Madam Speaker, I urge adoption of the bill, and I have no further 
requests for time. I am prepared to close, and I reserve the balance of 
my time.
  Ms. LEGER FERNANDEZ. Madam Speaker, I thank Representative Issa for 
that great summary of the importance of this land to the Pala Band, and 
the fact that we will actually probably see some economic benefit 
because they know how to be good stewards of the land. They know what 
they are going to be doing with the land, rather than letting it sit in 
the condition it does now.
  Madam Speaker, I urge my colleagues to support the legislation, and I 
yield back the balance of my time.
  Mr. WESTERMAN. Madam Speaker, H.R. 423 is commonsense legislation, 
just like the previous bill that we looked at. It will enable the Pala 
Band of Mission Indians to protect their sacred land and ensure the 
protection of the Tribe's timeless heritage, culture, tradition, and 
history.
  I thank my colleague, Mr. Issa, for his leadership and for fulfilling 
a vital constituent service.
  Madam Speaker, I urge my colleagues to support this legislation, and 
I yield back the balance of my time.
  Ms. JACKSON LEE. Madam Speaker, I rise in support of H.R. 423, the 
Pala Band of Mission Indians Land Transfer Act of 2023, which will take 
certain land located in San Diego County, California into trust for the 
benefit of the Pala Band of Mission Indians.
  H.R. 423 directs the Department of the Interior to take 721.12 acres 
of tribal land in San Diego County, California, into the trust in order 
to preserve and protect the part of the Pala Band's reservation land.
  The Indian Gaming Regulatory Act and any other federal statute are 
both prohibited by H.R. 423 from being used to allow gambling on the 
land.
  The Pala Band, whose reservation it adjoins, currently owns the land 
in fee simple.
  The land is significant because it contains Chokla, a peak that is 
extremely holy to the Pala Band and many other tribes in Southern 
California.
  Since at least 1903, the Pala Band, which consists of both Cupeo and 
Luiseo ancestors, has used Chokla as a location for prayer and fasting.
  In addition, the land has the remains of an ancestral village, 
drawings on rocks, relics, and a variety of culturally significant 
flora and animals.
  In an attempt to prevent the construction of a landfill at the base 
of Chokla in Gregory Canyon, the Pala Band bought the property in 2016.
  The Pala Band aims to protect this holy area in its original state 
after it is placed in trust, according to the U.S. Department of the 
Interior.
  A tribe's belief systems frequently have a physiological basis in 
sacred sites.
  These stories serve as a link between successive generations and 
their predecessors, weaving them into the fabric of tribal identity and 
culture.
  The preservation and transmission of the unique identities, 
traditions, and histories of Native peoples from one generation to the 
next depends on the protection of Native sacred places and the defense 
of the right to perform rites and ceremonies at these sites in secrecy 
and without interference.
  It goes beyond just being a matter of culture or religion for sacred 
locations to be used and protected.
  It is a recognized and safeguarded human right under international 
law.
  According to Article 25 of the United Nations Declaration on the 
Rights of Indigenous People states that, ``Indigenous peoples have the 
right to maintain and strengthen their distinctive spiritual 
relationship with their traditionally owned or otherwise occupied and 
used lands, territories, waters and coastal seas and other resources 
and to uphold their obligations to future generations in this regard.''
  It is important that we uphold the laws passed in the past to 
preserve Indigenous peoples' traditions and cultures.
  I strongly urge all my colleagues to support H.R. 423, which enables 
the Pala Band tribes to secure their sacred place in order to preserve 
their traditions and culture for future generations.
  The bill will also restrict any gaming on Pala Band's land by putting 
in the trust so tribes can peacefully perform and enjoy their rituals 
at the scared land.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Arkansas (Mr. Westerman) that the House suspend the 
rules and pass the bill, H.R. 423.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________