[110th Congress Public Law 383]
[From the U.S. Government Printing Office]


[DOCID: f:publ383.110]

[[Page 4089]]

   PECHANGA BAND OF LUISENO MISSION INDIANS LAND TRANSFER ACT OF 2007

[[Page 122 STAT. 4090]]

Public Law 110-383
110th Congress

                                 An Act


 
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. <<NOTE: Oct. 10, 2008 -  [H.R. 2963]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Pechanga Band of 
Luiseno Mission Indians Land Transfer Act of 2007.>> 
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) <<NOTE: Effective date.>> 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. <<NOTE: Deadline.>> 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 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

[[Page 122 STAT. 4091]]

                Riverside County Multiple Species Habitat Conservation 
                Plan expires.
            (3) Notification.--At <<NOTE: Deadline.>>  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) <<NOTE: Notification.>> 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 May 2, 2007, 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> In general.--Not later than 
                90 days after the date on which the survey of the 
                utility corridor is completed

[[Page 122 STAT. 4092]]

                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 <<NOTE: Federal Register, 
        publication.>> 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) <<NOTE: Effective date.>> 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).

[[Page 122 STAT. 4093]]

                    (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)).

    Approved October 10, 2008.

LEGISLATIVE HISTORY--H.R. 2963:
---------------------------------------------------------------------------

SENATE REPORTS: No. 110-503 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD:
                                                        Vol. 153 (2007):
                                    July 30, considered and passed 
                                        House.
                                                        Vol. 154 (2008):
                                    Sept. 26, considered and passed 
                                        Senate, amended.
                                    Sept. 29, House concurred in Senate 
                                        amendments.

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