HR 2963
7-30-07, House Agreed to Bill by Unanimous Consent
Received in Senate Committee on Indian Affairs

110th CONGRESS
1st Session

H. R. 2963

IN THE SENATE OF THE UNITED STATES

August 3, 2007

Read twice and referred to the Committee on Indian Affairs

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.

    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).

      (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).

Passed the House of Representatives July 30, 2007.

Attest:

LORRAINE C. MILLER,

Clerk.

END