[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1031 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 550
116th CONGRESS
  2d Session
                                H. R. 1031

                          [Report No. 116-666]

  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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 6, 2019

 Mr. Vargas (for himself and Mr. Cook) introduced the following bill; 
        which was referred to the Committee on Natural Resources

                           December 18, 2020

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                           February 6, 2019]


_______________________________________________________________________

                                 A BILL


 
  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.


 


    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 2020''.

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 described 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) Legal Description of Lands Transferred.--The land referred to 
in subsection (a)(1) is the approximately 700 acres of land located in 
San Diego County, California, described as follows:
    THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN 
DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
    PARCEL 28 (APN 128-020-24): THE SOUTHEAST QUARTER OF THE NORTHWEST 
QUARTER, SECTION 4 TOWNSHIP 10 SOUTH, RANGE 2 WEST, SAN BERNARDINO 
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO 
THE OFFICIAL PLAT THEREOF.
    PARCEL 29 (APN 128-020-21, 128-020-40): THE SOUTHWEST QUARTER OF 
THE NORTHWEST QUARTER AND THE NORTHWEST QUARTER OF SOUTHWEST QUARTER OF 
SECTION 4, TOWNSHIP 10 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN 
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL 
PLAT THEREOF. EXCEPTING FROM SAID NORTHWEST QUARTER OF THE SOUTHWEST 
QUARTER THE SOUTHWEST QUARTER THEREOF.
    PARCEL 30 (APN 128-020-22 AND 41): THE SOUTHWEST QUARTER OF THE 
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, AND THE EAST HALF OF THE 
SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 10 SOUTH, RANGE 2 WEST, SAN 
BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, 
ACCORDING TO THE OFFICIAL PLAT THEREOF.
    PARCEL 31(APN 110-160-05 AND 09; AND 128-020-30): THE SOUTH HALF OF 
THE NORTHWEST QUARTER AND THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 
9 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN 
DIEGO, STATE OF CALIFORNIA, TOGETHER WITH LOTS 3 AND 4 IN SECTION 4, 
TOWNSHIP 10 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY 
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT 
THEREOF. EXCEPTING THE NORTHWEST QUARTER OF THE SOUTH HALF OF THE 
NORTHWEST QUARTER OF SAID SECTION 33. ALSO EXCEPTING ALL THAT PORTION 
OF THE ABOVE, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SECTION 
CORNER COMMON TO SECTIONS 4 AND 5, TOWNSHIP 10 SOUTH, RANGE 2 WEST, SAN 
BERNARDINO MERIDIAN, AND SECTIONS 32 AND 33, TOWNSHIP 9 SOUTH, RANGE 2 
WEST, SAN BERNARDINO MERIDIAN; THENCE NORTH 10 29' 35'' EAST ALONG THE 
COMMON BOUNDARY LINE BETWEEN SAID SECTIONS 32 AND 33, A DISTANCE OF 
1,333.43 FEET; THENCE LEAVING SAID COMMON BOUNDARY LINE, SOUTH 04 51' 
07'' EAST A DISTANCE OF 465.32 FEET; THENCE SOUTH 01 12' 27'' EAST, A 
DISTANCE OF 2,095.22 FEET TO THE SOUTHERLY BOUNDARY LINE OF LOT 4 (THE 
NORTHWEST QUARTER OF THE NORTHWEST QUARTER) OF SAID SECTION 4; THENCE 
ALONG SAID SOUTHERLY LINE, SOUTH 88 10' 29'' WEST, A DISTANCE OF 
300.01 FEET TO THE COMMON BOUNDARY LINE BETWEEN SAID SECTIONS 4 AND 5; 
THENCE NORTH 01 12' 27'' WEST ALONG SAID COMMON BOUNDARY LINE, A 
DISTANCE OF 1,257.00 FEET TO SAID SECTION CORNER COMMON SECTIONS 4, 5, 
32 AND 33, AND THE POINT OF BEGINNING.
    PARCEL 32 (APN: 128-340-31): THAT PORTION OF THE SOUTHWEST QUARTER 
OF THE SOUTHWEST QUARTER OF SECTION 4 AND THE NORTHWEST QUARTER OF THE 
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, ALL IN 
TOWNSHIP 10 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY 
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT 
THEREOF, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE NORTHEAST 
CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 9, 
BEING THE SOUTHEASTERLY CORNER OF LAND DESCRIBED IN PARCEL 1 IN DEED TO 
GEORGIETTE M. PFAU, RECORDED MARCH 3, 1960 AS FILE/PAGE NO. 44210 OF 
OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LAND 
NORTH 79 17' 00'' WEST, 199.34 FEET; AND NORTH 85 10' 00'' WEST, 
421.35 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY 
HAVING A RADIUS OF 75.00 FEET, SAID BEGINNING OF CURVE BEING A POINT ON 
THE CENTER LINE OF THAT CERTAIN 60.00 FOOT STRIP OF LAND DESCRIBED AS 
PARCEL 2 IN SAID DEED TO GEORGIETTE M. PFAU ABOVE REFERRED TO; THENCE 
ALONG THE CENTER LINE OF SAID STRIP THE FOLLOWING COURSES AND 
DISTANCES: SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL 
ANGLE OF 36 49' 00'' A DISTANCE OF 48.19 FEET; TANGENT TO SAID CURVE 
SOUTH 58 01' 00'' WEST 142.89 FEET TO THE BEGINNING OF A TANGENT CURVE 
CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 60.00 FEET; SOUTHWESTERLY AND 
WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35 43' 
00'' A DISTANCE OF 37.41 FEET; TANGENT TO SAID CURVE NORTH 86 15' 30'' 
WEST, 126.49 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE 
SOUTHEASTERLY, HAVING A RADIUS OF 50.00 FEET; SOUTHWESTERLY ALONG THE 
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41 35' 30'' A DISTANCE OF 
36.30 FEET; TANGENT TO SAID CURVE SOUTH 52 09' 00'' WEST, 114.53 FEET 
TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS 
OF 50.00 FEET; WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL 
ANGLE OF 52 12' 40'' A DISTANCE OF 45.56 FEET; AND TANGENT TO SAID 
CURVE NORTH 75 38' 20'' WEST, 46.66 FEET TO AN ANGLE POINT IN THE 
BOUNDARY OF SAID PARCEL 1 OF SAID LAND OF GEORGIETTE M. PFAU; THENCE 
ALONG A PORTION OF THE BOUNDARY OF SAID LAND, NORTH 25 05' 30'' WEST, 
500.00 FEET TO AN ANGLE POINT IN SAID BOUNDARY; THENCE LEAVING SAID 
BOUNDARY NORTH 78 14' 56'' EAST, 533.65 FEET; THENCE NORTH 06 01' 
28'' WEST, 213.81 FEET; THENCE SOUTH 76 40' 01'' EAST 851.88 FEET TO A 
POINT ON THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST 
QUARTER; THENCE ALONG SAID EAST LINE SOUTH 4 47' 28'' EAST, 486.32 
FEET TO THE TRUE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PORTION 
GRANTED TO SAN DIEGO GAS AND ELECTRIC COMPANY BY DEED RECORDED OCTOBER 
13, 1970 AS FILE/PAGE NO. 185466 OF OFFICIAL RECORDS. ALSO EXCEPTING 
THEREFROM ONE-HALF OF ANY OIL, MINERAL, AND/OR ORE RIGHTS RESERVED BY 
AGNES M. COUSER BY DEEDS RECORDED MARCH 3, 1960 AS FILE/PAGE NO. 44210 
AND 44212 OF OFFICIAL RECORDS.
    PARCEL 33: AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, 
UNDER, UPON AND ACROSS A STRIP OF LAND 30.00 FEET IN WIDTH LYING WITHIN 
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 
10 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN 
DIEGO, STATE OF CALIFORNIA, THE NORTHEASTERLY LINE OF SAID STRIP BEING 
THAT COURSE FORMING THE SOUTHWESTERLY LINE OF PARCEL 32 HEREINABOVE 
BEING DESCRIBED THEREIN AS ``NORTH 25 05' 30'' WEST, 500.00 FEET''. 
EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE 60.00 FOOT STRIP 
DESCRIBED AS PARCEL 11 HEREINABOVE.
    PARCEL 34: AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER 
THAT PORTION OF SOUTHWEST QUARTER OF SAID SECTION 4, TOWNSHIP 10 SOUTH, 
RANGE 2 WEST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS 
FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LAND DESCRIBED IN 
THE DEED TO SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED 
OCTOBER 13, 1970 AS FILE/PAGE NO. 185466 OF OFFICIAL RECORDS; THENCE 
NORTH 24 33' 26'' WEST, 375.07 FEET; THENCE NORTH 1110' 14'' EAST 
498.52 FEET; THENCE NORTH 72 57' 24'' EAST, 43.36 FEET TO THE EASTERLY 
LINE OF SAID WESTERLY 300.00 FEET; THENCE SOUTH 01 12' 27'' EAST 
PARALLEL WITH THE WESTERLY LINE OF SAID SECTION 4, A DISTANCE OF 20.79 
FEET; THENCE SOUTH 72 57' 24'' WEST, 25.82 FEET; THENCE SOUTH 11 10' 
14'' WEST, 472.17 FEET; THENCE NORTH 65 26' 24'' EAST, 5.36 FEET; 
THENCE SOUTH 24 33' 36 EAST, 305.59 FEET TO SAID EASTERLY LINE OF THE 
WESTERLY 300.00 FEET; THENCE SOUTH 01 12' 22'' EAST ALONG SAID 
EASTERLY LINE 75.59 FEET TO THE POINT OF BEGINNING.
    PARCEL 35 (APN 128-340-32): THAT PORTION OF THE SOUTHWEST QUARTER 
OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 10 SOUTH, RANGE 2 WEST, 
SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF 
DESCRIBED A FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SAID 
SOUTHWEST QUARTER OF SOUTHWEST QUARTER, DISTANT THEREON, NORTH 4 47' 
28'' WEST, 486.34 FEET FROM THE SOUTHEAST CORNER THEREOF; THENCE NORTH 
76 40' 01'' WEST, 851.88 FEET; THENCE SOUTH 6 01' 28'' EAST 213.81 
FEET; THENCE SOUTH 78 14' 56'' WEST 533.65 FEET TO THE MOST WESTERLY 
CORNER OF THE LAND DESCRIBED IN PARCEL 1 OF DEED TO GERALD F. LAMP, ET 
AL. RECORDED SEPTEMBER 5, 1962 AS FILE/PAGE NO. 153042 OF OFFICIAL 
RECORDS OF SAN DIEGO COUNTY; THENCE ALONG THE BOUNDARY OF SAID LAND, 
NORTH 10 38' 20'' EAST 498.48 FEET, NORTH 72 25' 30'' EAST, 198.04 
FEET, NORTH 81 04' 00'' EAST 539.56 FEET, AND NORTH 3 52' 50'' WEST 
261.33 FEET TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SOUTHWEST 
QUARTER; THENCE ALONG SAID NORTH LINE, NORTH 86 14' 50'' EAST 466.75 
FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF SOUTHWEST 
QUARTER; THENCE SOUTH 4 47' 28'' EAST 802.72 FEET TO THE POINT OF 
BEGINNING. EXCEPTING THEREFROM THAT PORTION GRANTED TO SAN DIEGO GAS 
AND ELECTRIC COMPANY, BY DEED RECORDED OCTOBER 13, 1970 AS FILE/PAGE 
NO. 185466 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ONE-HALF OF 
ANY OIL, MINERAL, AND/OR ORE RIGHTS RESERVED BY AGNES M. COUSER, IN 
DEEDS RECORDED MARCH 3, 1960 AS FILE/PAGE NO. 44210 AND 44212 OF 
OFFICIAL RECORDS.
    PARCEL 36: AN EASEMENT FOR ROAD AND PUBLIC UNTILITY PURPOSES OVER, 
UNDER, ALONG AND ACROSS THAT PORTION OF THE SOUTHWEST QUARTER OF 
SECTION 4, TOWNSHIP 10 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN 
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PLAT 
THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF 
LAND DESCRIBED IN THAT CERTAIN DEED TO THE SAN DIEGO GAS AND ELECTRIC 
COMPANY, RECORDED OCTOBER 13, 1970 AS FILE/PAGENO. 185466 OF OFFICIAL 
RECORDS; THENCE NORTH 78 14' 56'' EAST, 64.89 FEET; THENCE SOUTH 10 
38' 20'' WEST TO THE SOUTHWESTERLY LINE OF SAID SAN DIEGO GAS AND 
ELECTRIC COMPANY'S LAND; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 25 
05' 30'' WEST (RECORD NORTH 24 33' 36'' WEST PER DEED) TO THE POINT OF 
BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 34 
HEREINABOVE DESCRIBED.
    PARCEL A (APN 110-370-09, PORTIONS 128-020-03, 128-020-04 AND 110-
150-25): PARCEL A OF CERTIFICATE OF COMPLIANCE RECORDED FEBRUARY 2, 
2017, AS INSTRUMENT NO. 20170056637 OF OFFICIAL RECORDS OF SAN DIEGO 
COUNTY, CALIFORNIA, FURTHER DESCRIBED AS:
    GOVERNMENT LOT 3 IN SECTION 5, AND THAT PORTION OF THE SOUTH HALF 
OF THE NORTHEAST QUARTER OF SECTION 5, LYING EASTERLY OF THE SOUTHERLY 
PROLONGATION OF THE WESTERLY LINE OF GOVERNMENT LOT 3, ALL IN SECTION 
5, TOWNSHIP 10 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE 
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL 
PLAT THEREOF.
    TOGETHER WITH
    THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, 
TOWNSHIP 9 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY 
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT 
THEREOF.
    AND TOGETHER WITH
    A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF 
SECTION 32, TOWNSHIP 9 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN 
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL 
PLAT THEREOF, DESCRIBED AS FOLLOWS:
    BEGINNING AT A POINT WHICH IS SOUTH 8635'20'' WEST 823.77 FEET 
FROM THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST 
QUARTER OF SAID SECTION 32, AS DESCRIBED IN DEED TO JOSEPH L. LUCIO AND 
IRMA LUCIO, RECORDED AUGUST 28, 1968 AS INSTRUMENT NO. 148485 OF 
OFFICIAL RECORDS; THENCE NORTH 8635'20'' EAST 823.77 FEET TO THE 
NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 32; THENCE 
SOUTH 0700'06'' EAST 1352.95 FEET TO THE SOUTHEAST CORNER OF THE 
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 32; THENCE 
SOUTH 8955'10'' WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 32, A 
DISTANCE OF 846.18 FEET MORE OR LESS TO THE SOUTHWESTERLY LINE OF THE 
SAN DIEGO AQUEDUCT EASEMENT 150.00 FOOT WIDE, AS SAID EASEMENT IS 
DESCRIBED IN BOOK 3386, PAGE 147 OF OFFICIAL RECORDS OF SAID COUNTY; 
THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 2644'25'' WEST (RECORDED 
NORTH 2644'15'' WEST) 1012.09 FEET TO THE MOST NORTHERLY CORNER OF THE 
LAND DESCRIBED IN DEED TO IDA SCHAAP, ET AL, RECORDED NOVEMBER 2, 1962 
AS INSTRUMENT NO. 188661 OF OFFICIAL RECORDS; THENCE NORTH 5843'53'' 
EAST 753.65 FEET TO THE POINT OF BEGINNING.
    (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.
                                                 Union Calendar No. 550

116th CONGRESS

  2d Session

                               H. R. 1031

                          [Report No. 116-666]

_______________________________________________________________________

                                 A BILL

  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.

_______________________________________________________________________

                           December 18, 2020

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed