Transfer of land into trust

(a) Transfer of land to trust (1) Lands to be held in trust Subject to valid existing rights, and the requirements of this subsection, all right, title, and interest of the United States in and to the land described in paragraph (2) shall be held in trust by the United States for the benefit of the Tribe as part of the Agua Caliente Reservation upon the Enforceability Date. (2) Bureau of land management lands to be held in trust The land referred to paragraph (1) is— (A) approximately 640 acres of land located in Section 32, Township 5 South, Range 4 East, San Bernadino Base and Meridian; (B) approximately 145 acres of land located in— (i) the North ½ of Government Lot 2 and the South ½ of Government Lot 1 in the Northwest ¼ of Section 18, Township 4 South, Range 4 East, San Bernadino Base and Meridian; (ii) the Northwest ¼ of the Northeast ¼ of the Southwest ¼ of Section 18, Township 4 South, Range 4 East, San Bernadino Base and Meridian; (iii) the Northeast ¼ of the Northeast ¼ of the Southwest ¼ of Section 18, Township 4 South, Range 4 East, San Bernadino Base and Meridian; and (iv) the West ½ of the Northeast ¼ of Section 18, Township 4 South, Range 4 East, San Bernadino Base and Meridian. (C) approximately 647 acres of land comprising Section 5, Township 5 South, Range 4 East, San Bernadino Base and Meridian; (D) approximately 640 acres of land comprising Section 36, Township 5 South, Range 4 East, San Bernadino Base and Meridian; (E) approximately 640 acres of land located in Section 16, Township 4 South, Range 4 East, San Bernadino Base and Meridian; and (F) approximately 30 acres of land located in— (i) the East ½ of the West ½ of the Northwest ¼ of the Northeast ¼ of Section 17 Township 4 South, Range 4 East San Bernadino Base and Meridian; (ii) the West ½ of the West ½ of the Northwest ¼ of the Northeast ¼ of Section 17 Township 4 South, Range 4 East, San Bernadino Base and Meridian; and (iii) the West ½ of the East ½ of the Northwest ¼ of the Northeast ¼ of Section 17 Township 4 South, Range 4 East, San Bernadino Base and Meridian. (3) CDPA The lands referred to and delineated in clauses (ii), (iii), and (iv) of paragraph (2)(B) shall be transferred notwithstanding section 714(b) of the California Desert Protection Act of 1994 (16 U.S.C. 410aaa-81c(b)). (4) Santa rosa and san jacinto mountains national monument act of 2000 The lands referred to and delineated in paragraph (2)(A) through (E) shall be transferred notwithstanding section 5(i)(1)(a) of the Santa Rosa and San Jacinto Mountains National Monument Act of 2000 (Public Law 106–351). (b) Terms and conditions (1) Existing authorizations Any Federal land transferred under this section shall be conveyed and taken into trust subject to valid existing rights, contracts, leases, permits, and rights-of-way, unless the holder of the right, contract, lease, permit, or right-of-way requests and earlier termination in accordance with existing law. The Bureau of Indian Affairs shall assume all benefits and obligations of the previous land management agency under such existing rights, contracts, leases, permits, or rights-of-way, and shall disburse to the Tribe any amounts that accrue to the United States from such rights, contracts, leases, permits, or rights-of-ways after the date of transfer from any sale, bonus, royalty, or rental relating to that land in the same manner as amounts received from other land held by the Secretary in trust for the Tribe. (2) Improvements Any improvements constituting personal property, as defined by State law, belonging to the holder of a right, contract, lease, permit, or right-of-way on lands transferred under this section shall remain the property of the holder and shall be removed no later than 90 days after the date on which the right, contract, lease, permit, or right-of-way expires, unless the Tribe and the holder agree otherwise. Any such property remaining beyond the 90-day period shall become the property of the Tribe and shall be subject to removal and disposition at the Tribe’s discretion. The holder shall be liable for costs the Tribe incurs in removing and disposing of the property. (c) Withdrawal of federal lands (1) In general Subject to valid existing rights, effective on the date of enactment of this Act, all Federal lands within the parcels described in subsection (a)(2) are withdrawn from all forms of— (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (d) Technical corrections Notwithstanding the descriptions of the parcels of land in subsection (a)(2), the United States may, with the consent of the Tribe, make technical corrections to the legal land descriptions to more specifically identify the parcels to be transferred into trust for the Tribe. (e) Survey (1) Unless the United States or the Tribe requests an additional survey for the transferred land or a technical correction is made under subsection (d), the description of land under this section shall be controlling. (2) If the United States or the Tribe requests an additional survey, that survey shall control the total acreage to be transferred into trust under this section. (3) The Secretary of Interior or Secretary of Agriculture shall provide such assistance as may be appropriate— (A) to conduct additional surveys of the transferred land; and (B) to satisfy administrative requirements necessary to accomplish the land transfers under this section. (f) Date of transfer The Secretary shall issue trust deeds for all land transfers under this section by not later than 10 years after the Enforceability Date. (g) Restriction on gaming Lands taken into trust pursuant to this section shall not be considered to have been taken into trust for, nor eligible for, class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703). (h) Status of water rights on transferred lands Any water rights associated with the lands transferred pursuant to subsection (a)(1) shall be held in trust for the Tribe but shall not be included in the Tribal Water Right.