PUBLIC LAW 110–383—OCT. 10, 2008 

PECHANGA BAND OF LUISENO MISSION 

INDIANS LAND TRANSFER ACT OF 2007 


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122 STAT. 4090 PUBLIC LAW 110–383—OCT. 10, 2008 

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. 

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 

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 

Deadline. 

Effective date. 

Pechanga Band 

of Luiseno 

Mission 

Indians Land 

Transfer Ace of 

2007. 

Oct. 10, 2008 

[H.R. 2963] 


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PUBLIC LAW 110–383—OCT. 10, 2008 122 STAT. 4091 

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 

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) 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 

Deadline. 

Deadline. 

Notification. 

Deadline. 


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122 STAT. 4092 PUBLIC LAW 110–383—OCT. 10, 2008 

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 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). 

Effective date. 

Federal Register, 

publication. 


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PUBLIC LAW 110–383—OCT. 10, 2008 122 STAT. 4093 

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. 

Æ 

(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. 


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