§ 1778d. — Trust land acquisition and status.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1778d]
TITLE 25--INDIANS
CHAPTER 19--INDIAN LAND CLAIMS SETTLEMENTS
SUBCHAPTER XII--TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS
SETTLEMENT
Sec. 1778d. Trust land acquisition and status
(a) Acquisition and placement of lands into trust
(1) In general
The Secretary shall convey into trust status lands purchased or
otherwise acquired by the Tribe within the areas described in
paragraphs (2) and (3) in an amount not to exceed 11,800 acres in
accordance with the terms, conditions, criteria, and procedures set
forth in the Settlement Agreement and this subchapter. Subject to
such terms, conditions, criteria, and procedures, all lands
purchased or otherwise acquired by the Tribe and conveyed into trust
status for the benefit of the Tribe pursuant to the Settlement
Agreement and this subchapter shall be considered as if such lands
were so acquired in trust status in 1909 except as: (i) to water
rights as provided in subsection (c) of this section; and (ii) to
valid rights existing at the time of acquisition pursuant to this
subchapter.
(2) Primary Acquisition Area
(A) In general
The primary area within which lands may be acquired pursuant
to paragraph (1) consists of the lands located in the Primary
Acquisition Area, as defined in the Settlement Agreement. The
amount of acreage that may be acquired from such area is 11,800
acres less the number of acres acquired and conveyed into trust
under paragraph (3).
(B) Effect of objection
Lands referred to in subparagraph (A) may not be acquired
pursuant to paragraph (1) if by majority vote the governing body
of the city within whose incorporated boundaries (as such
boundaries exist on the date of the Settlement Agreement) the
subject lands are situated within formally objects to the
Tribe's request to convey the subject lands into trust and
notifies the Secretary of such objection in writing within 60
days of receiving a copy of the Tribe's request in accordance
with the Settlement Agreement. Upon receipt of such a
notification, the Secretary shall deny the acquisition request.
(3) Secondary Acquisition Area
(A) In general
Not more than 640 acres of land may be acquired pursuant to
paragraph (1) from those certain lands located in the Secondary
Acquisition Area, as defined in the Settlement Agreement.
(B) Effect of objection
Lands referred to in subparagraph (A) may not be acquired
pursuant to paragraph (1) if by majority vote--
(i) the governing body of the city within whose
incorporated boundaries (as such boundaries exist on the
date of the Settlement Agreement) the subject lands are
situated within; or
(ii) the governing body of Riverside County, California,
in the event that such lands are located within an
unincorporated area,
formally objects to the Tribe's request to convey the subject
lands into trust and notifies the Secretary of such objection in
writing within 60 days of receiving a copy of the Tribe's
request in accordance with the Settlement Agreement. Upon
receipt of such a notification, the Secretary shall deny the
acquisition request.
(4) Contiguous lands
The Secretary shall not take any lands into trust for the Tribe
under generally applicable Federal statutes or regulations where
such lands are both--
(A) contiguous to any lands within the Secondary Acquisition
Area that are taken into trust pursuant to the terms of the
Settlement Agreement and this subchapter; and
(B) situated outside the Secondary Acquisition Area.
(b) Restrictions on gaming
The Tribe may conduct gaming on only one site within the lands
acquired pursuant to subsection 6(a)(1) \1\ as more particularly
provided in the Settlement Agreement.
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\1\ So in original. Probably should be subsection ``(a)(1)''.
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(c) Water rights
All lands acquired by the Tribe under subsection (a) of this section
shall--
(1) be subject to all valid water rights existing at the time of
tribal acquisition, including (but not limited to) all rights under
any permit or license issued under the laws of the State of
California to commence an appropriation of water, to appropriate
water, or to increase the amount of water appropriated;
(2) be subject to the paramount rights of any person who at any
time recharges or stores water in a ground water basin to recapture
or recover the recharged or stored water or to authorize others to
recapture or recover the recharged or stored water; and
(3) continue to enjoy all valid water rights appurtenant to the
land existing immediately prior to the time of tribal acquisition.
(Pub. L. 106-568, title VI, Sec. 606, Dec. 27, 2000, 114 Stat. 2909.)
Effective Date
Section effective on date on which the Secretary determines that
certain conditions with respect to the Settlement Agreement and
provisions of title VI of Pub. L. 106-568 have been met, see section
611(b) of Pub. L. 106-568, set out as a note under section 1778 of this
title.
