An act to add Section 14673.14 to the Government Code, relating to Native American tribes. state property.
Summary
AB 971 would require the Department of General Services to quitclaim the state’s interests in approximately 3.68 acres within San Pasqual Battlefield State Park to the San Pasqual Band of Mission Indians at no cost to the tribe. The bill also encourages the City of San Diego to transfer its interests in the remaining park lands to the tribe. If the city agrees, the state would be required to relinquish or transfer any state rights or interests tied to those city-owned lands, including interests held through lease, permit, or other arrangements, and to take any additional actions needed to complete the transfer.
The measure includes legislative findings describing the historical removal of the San Pasqual Band from its ancestral lands and states that the return of the property is intended to help rectify past wrongs and support the tribe’s use of the land for a public park and cultural education. It also declares that the bill is a special statute justified by the unique circumstances of the tribe’s history and that the transfer serves a public purpose, addressing potential constitutional concerns about a gift of public funds.
Impact
If enacted, AB 971 would create a new Government Code section directing a specific state land transfer to the San Pasqual Band of Mission Indians and limiting the state’s ability to retain interests in the affected park parcels. It would affect the Department of General Services, state property interests in San Pasqual Battlefield State Park, and any state lease, permit, or related rights tied to city-owned portions of the park. The bill would not require a state appropriation and is framed as a targeted property transfer rather than a broader change to tribal land policy.
Sentiment
The available vote history suggests strong support for the bill in committee, with a 19-0 do pass vote. The bill’s findings and structure indicate a favorable legislative posture toward returning ancestral lands to the San Pasqual Band of Mission Indians and aligning state action with prior executive policy statements supporting tribal land acquisition. No committee transcript is available, but the absence of recorded opposition in the vote and the bill’s framing around historical redress point to generally positive sentiment.
Contention
The main potential points of contention are the transfer of public land without compensation, the state’s relinquishment of lease and permit interests, and the bill’s reliance on a special statute for a single tribe and site. The measure anticipates these issues by expressly finding that the transfer serves a public purpose and does not constitute a gift of public funds. Another possible issue is that the bill only encourages, rather than compels, the City of San Diego to transfer its land, so the full return of the park depends in part on local government cooperation.
Recognizing National Native American Heritage Month and celebrating the heritages and cultures of Native Americans and the contributions of Native Americans to the United States.
A resolution recognizing National Native American Heritage Month and celebrating the heritages and cultures of Native Americans and the contributions of Native Americans to the United States.