Under existing law, there is in the Natural Resources Agency, the Department of Parks and Recreation, conducted under the control of an executive officer known as the Director of Parks and Recreation, charged with administration, protection, and development of the state park system. Existing law designates all parks, public campgrounds, monument sites, landmark sites, and sites of historical interest established or acquired by the state, or that are under its control, as the state park system, except as specified. Under existing law, the Department of Parks and Recreation controls the state park system, which is made up of units. One unit is the San Pasqual Battlefield State Park.

This bill would require the state to quitclaim forthwith to the San Pasqual Band of Mission Indians, at no cost to the tribe, and subject to specified conditions, all interests of the state in the land owned within the San Pasqual Battlefield State Park, consisting of 3 parcels of land totaling approximately 3.68 acres. The bill would exempt the land from property taxation. By imposing additional duties on locals in the administration of this exemption, the bill would impose a state-mandated local program.

This bill would provide that if the City of San Diego agrees to the transfer, the state would be required, at no cost to the tribe, to relinquish or transfer to the San Pasqual Band of Mission Indians all rights and interests that the state has in those lands through lease, permit, or otherwise, and to take any and all other actions necessary to effectuate the citys transfer of the land to the San Pasqual Band of Mission Indians.

This bill would make legislative findings and declarations as to the necessity of a special statute for the San Pasqual Band of Mission Indians.

This bill would make legislative findings and declarations related to a gift of public funds.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires the state to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation.

This bill would provide that, notwithstanding those provisions, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill.

Under existing law, there is in the Natural Resources Agency, the Department of Parks and Recreation, conducted under the control of an executive officer known as the Director of Parks and Recreation, charged with administration, protection, and development of the state park system. Existing law designates all parks, public campgrounds, monument sites, landmark sites, and sites of historical interest established or acquired by the state, or that are under its control, as the state park system, except as specified. Under existing law, the Department of Parks and Recreation controls the state park system, which is made up of units. One unit is the San Pasqual Battlefield State Park.

This bill would require the state to quitclaim forthwith to the San Pasqual Band of Mission Indians, at no cost to the tribe, and subject to specified conditions, all interests of the state in the land owned within the San Pasqual Battlefield State Park, consisting of 3 parcels of land totaling approximately 3.68 acres. The bill would exempt the land from property taxation. By imposing additional duties on locals in the administration of this exemption, the bill would impose a state-mandated local program.

This bill would provide that if the City of San Diego agrees to the transfer, the state would be required, at no cost to the tribe, to relinquish or transfer to the San Pasqual Band of Mission Indians all rights and interests that the state has in those lands through lease, permit, or otherwise, and to take any and all other actions necessary to effectuate the citys transfer of the land to the San Pasqual Band of Mission Indians.

This bill would make legislative findings and declarations as to the necessity of a special statute for the San Pasqual Band of Mission Indians.

This bill would make legislative findings and declarations related to a gift of public funds.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires the state to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation.

This bill would provide that, notwithstanding those provisions, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill.

Under existing law, there is in the Natural Resources Agency, the Department of Parks and Recreation, conducted under the control of an executive officer known as the Director of Parks and Recreation, charged with administration, protection, and development of the state park system. Existing law designates all parks, public campgrounds, monument sites, landmark sites, and sites of historical interest established or acquired by the state, or that are under its control, as the state park system, except as specified. Under existing law, the Department of Parks and Recreation controls the state park system, which is made up of units. One unit is the San Pasqual Battlefield State Park.

This bill would require the Department of Parks and Recreation state to quitclaim forthwith to the San Pasqual Band of Mission Indians, at no cost to the tribe, and subject to specified conditions, all interests of the state in the land owned within the San Pasqual Battlefield State Park, consisting of 3 parcels of land totaling approximately 3.68 acres. The bill would exempt the land from property taxation. By imposing additional duties on locals in the administration of this exemption, the bill would impose a state-mandated local program.

This bill would make legislative findings and declarations as to the necessity of a special statute for the San Pasqual Band of Mission Indians.

This bill would make legislative findings and declarations related to a gift of public funds.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires the state to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation.

This bill would provide that, notwithstanding those provisions, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill.

Under existing law, there is in the Natural Resources Agency, the Department of Parks and Recreation, conducted under the control of an executive officer known as the Director of Parks and Recreation, charged with administration, protection, and development of the state park system. Existing law designates all parks, public campgrounds, monument sites, landmark sites, and sites of historical interest established or acquired by the state, or that are under its control, as the state park system, except as specified. Under existing law, the Department of Parks and Recreation controls the state park system, which is made up of units. One unit is the San Pasqual Battlefield State Park.

This bill would require the Department of Parks and Recreation to quitclaim forthwith to the San Pasqual Band of Mission Indians, at no cost to the tribe, and subject to specified conditions, all interests of the state in the land owned within the San Pasqual Battlefield State Park, consisting of 3 parcels of land totaling approximately 3.68 acres. The bill would exempt the land from property taxation. By imposing additional duties on locals in the administration of this exemption, the bill would impose a state-mandated local program.

This bill would encourage the City of San Diego to transfer to the San Pasqual Band of Mission Indians all of the citys interests in the land the city owns within the San Pasqual Battlefield State Park, and if the city agrees to the transfer, would require the state, at no cost to the tribe, to relinquish or transfer to the San Pasqual Band of Mission Indians all rights and interests that the state has in those lands through lease, permit, or otherwise, and to take any and all other actions necessary to effectuate the citys transfer of the land to the San Pasqual Band of Mission Indians.

This bill would make legislative findings and declarations as to the necessity of a special statute for the San Pasqual Band of Mission Indians.

This bill would make legislative findings and declarations related to a gift of public funds.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires the state to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation.

This bill would provide that, notwithstanding those provisions, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill.

This bill would require the director Department of Parks and Recreation to quitclaim forthwith to the San Pasqual Band of Mission Indians, at no cost to the tribe, and subject to specified conditions, all interests of the state in the land that it owns owned within the San Pasqual Battlefield State Park, consisting of 3 parcels of land totaling approximately 3.68 acres. The bill would exempt the land from property taxation. By imposing additional duties on locals in the administration of this exemption, the bill would impose a state-mandated local program.

This bill would encourage the City of San Diego to transfer to the San Pasqual Band of Mission Indians all of the citys interests in the land the city owns within the San Pasqual Battlefield State Park, and if the city agrees to the transfer, would require the state, at no cost to the tribe, to relinquish or transfer to the San Pasqual Band of Mission Indians all rights and interests that the state has in those lands through lease, permit, or otherwise, and to take any and all other actions necessary to effectuate the citys transfer of the land to the San Pasqual Band of Mission Indians.

This bill would make legislative findings and declarations as to the necessity of a special statute for the San Pasqual Band of Mission Indians.

This bill would make legislative findings and declarations related to a gift of public funds.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires the state to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation.

This bill would provide that, notwithstanding those provisions, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill.

Existing law authorizes the Director of General Services to execute grants to real property belonging to the state in the name and upon behalf of the state, whenever the sale or exchange of real property is authorized or contemplated by law, if no other state agency is specifically authorized and directed to execute the grants.

This bill would require the director to quitclaim to the San Pasqual Band of Mission Indians, at no cost to the tribe, and subject to specified conditions, all interests of the state in the land that it owns within the San Pasqual Battlefield State Park, consisting of 3 parcels of land totaling approximately 3.68 acres. The bill would exempt the land from property taxation. By imposing additional duties on locals in the administration of this exemption, the bill would impose a state-mandated local program.

This bill would encourage the City of San Diego to transfer to the San Pasqual Band of Mission Indians all of the citys interests in the land the city owns within the San Pasqual Battlefield State Park, and if the city agrees to the transfer, would require the state, at no cost to the tribe, to relinquish or transfer to the San Pasqual Band of Mission Indians all rights and interests that the state has in those lands through lease, permit, or otherwise, and to take any and all other actions necessary to effectuate the citys transfer of the land to the San Pasqual Band of Mission Indians.

This bill would make legislative findings and declarations as to the necessity of a special statute for the San Pasqual Band of Mission Indians.

This bill would make legislative findings and declarations related to a gift of public funds.

Existing law authorizes the Director of General Services to execute grants to real property belonging to the state in the name and upon behalf of the state, whenever the sale or exchange of real property is authorized or contemplated by law, if no other state agency is specifically authorized and directed to execute the grants.

This bill would require the director to quitclaim to the San Pasqual Band of Mission Indians, at no cost to the tribe, all interests of the state in the land that it owns within the San Pasqual Battlefield State Park, consisting of 3 parcels of land totaling approximately 3.68 acres.

This bill would encourage the City of San Diego to transfer to the San Pasqual Band of Mission Indians all of the citys interests in the land the city owns within the San Pasqual Battlefield State Park, and if the city agrees to the transfer, would require the state, at no cost to the tribe, to relinquish or transfer to the San Pasqual Band of Mission Indians all rights and interests that the state has in those lands through lease, permit, or otherwise, and to take any and all other actions necessary to effectuate the citys transfer of the land to the San Pasqual Band of Mission Indians.

This bill would make legislative findings and declarations as to the necessity of a special statute for the San Pasqual Band of Mission Indians.

This bill would make legislative findings and declarations related to a gift of public funds.

Existing law authorizes the Director of General Services to execute grants to real property belonging to the state in the name and upon behalf of the state, whenever the sale or exchange of real property is authorized or contemplated by law, if no other state agency is specifically authorized and directed to execute the grants.

This bill would require the director to quitclaim to the San Pasqual Band of Mission Indians, at no cost to the tribe, all interests of the state in the land that it owns within the San Pasqual Battlefield State Park, consisting of 3 parcels of land totaling approximately 3.68 acres.

This bill would encourage the City of San Diego to transfer to the San Pasqual Band of Mission Indians all of the citys interests in the land the city owns within the San Pasqual Battlefield State Park, and if the city agrees to the transfer, would require the state, at no cost to the tribe, to relinquish or transfer to the San Pasqual Band of Mission Indians all rights and interests that the state has in those lands through lease, permit, or otherwise, and to take any and all other actions necessary to effectuate the citys transfer of the land to the San Pasqual Band of Mission Indians.

This bill would make legislative findings and declarations as to the necessity of a special statute for the San Pasqual Band of Mission Indians.

This bill would make legislative findings and declarations related to a gift of public funds.

This bill would declare that it is to take effect immediately as an urgency statute.

GOVERNOR′S VETO

GV Bill Id:AB 2770

Author:(Alvarez)

As Enrolled Ver:September 3, 2026

2/3 vote

SUMMARY

Requires the Department of Parks and Recreation (State Parks) to quitclaim San Pasqual Battlefield State Historic Park (SPB State Park) to the San Pasqual Band of Mission Indians.

Governor′s Veto Message

″This bill would require the state to quitclaim the state-owned land within [SPB State Park].

Under my administration, [State Parks] has worked with tribal governments to foster government-to-government coordination and co-management of natural lands within California tribes′ ancestral lands. Such arrangements now cover more than half of State Parks land. Additionally, my administration has facilitated the return of over 100,000 acres of land to tribes.

While I share the author′s goal of further advancing ancestral land return, I am mindful of the need to approach that important work systematically — by building processes that are transparent and fair to all interested parties. I am concerned that piecemeal measures, like this bill, could undermine those values.

For these reasons, I cannot sign this bill.″

COMMENTS

California is home to the largest Native American population in the country and has 109 federally recognized tribes, with several other groups seeking federal recognition. Very few Native Americans live on their ancestral lands in California today. This is due to the repeated efforts of Spanish, Mexican, Russian, and U.S. governments to subdue and displace Indigenous peoples. For example, the federal government sent three commissioners to California to negotiate treaties with California tribes in 1851. These commissioners negotiated 18 treaties with 139 tribes that would have set aside approximately 7.5 million acres for Indian use and granted other rights to Native Californians; however, when President Fillmore submitted the treaties to the U.S. Senate for ratification in February 1852, senators from California objected and the U.S. Senate rejected the treaties during a secret session. The U.S. Senate then placed the treaties in its archive, concealing the existence of these treaties from the public for more than 50 years.

In contrast, on March 17, 2026, the California Natural Resources Agency (CNRA) launched the state′s first Tribal Stewardship Policy, establishing a statewide goal of expanding tribal stewardship over at least 7.5 million acres of lands and coastal waters in California (the same quantity of property that was never delivered by the state in 1852). This policy sets clear standards to institutionalize meaningful and durable tribal-state partnerships and advance tribal stewardship through tribal access, collaboration, and ancestral land return.

CNRA, State Parks, and the Department of Transportation jointly announced the Reexamining Our Past Initiative—a statewide effort to survey, evaluate and redress the names of existing state parks (including features within the state parks systems such as trails), monuments and transportation systems with racist or discriminatory roots. The state agencies are working with California Native American tribes, universities, and community partners to address the terms identified. State Parks is currently in the process of developing tribal land acknowledgements for all 280 state parks through new signage and improved interpretation that will better connect the public with tribal history and contemporary experiences. So far, State Parks has consulted with 80 tribes to develop tribal land acknowledgements to be included in signage at 88 state parks. The 2022–23 state budget included nearly $10 million to develop a plan for this work and to update and better contextualize the history of California Native Americans in existing visitor center and museum exhibits at 24 state parks.

State Parks has entered into 14 memoranda of understanding (MOUs) and one joint powers agreement with California Native American tribes for tribal access and collaboration over 89 parks units, covering approximately 939,000 acres of land.

According to their website, the ancestors of the San Pasqual Indians lived for thousands of years in the valley carved by the Santa Ysabel Creek near the present site of the San Diego Zoo′s Wild Animal Park. San Pasqual is one of thirteen bands that make up the Kumeyaay Nation in Southern California.  There are four other Kumeyaay bands in Northern Mexico. After the arrival of the Spaniards and the establishment of Mission San Diego de Alcala in 1769, many Kumeyaay either left or were forced out of their ancestral homes. The San Pasqual Band of Mission Indians is a federally recognized tribe that maintains a Reservation covering about 1,380 acres in northeastern San Diego County in Southern California. The Reservation is home to about 800 people, including 450 enrolled tribal members.

SPB State Park highlights the rich cultural history of the San Pasqual Valley, featuring exhibits on the Kumeyaay people, the region′s Indigenous inhabitants, and commemorates the 1846 Battle of San Pasqual during the Mexican-American War. In recognition of the Kumeyaay ancestry, State Parks is working closely with the San Pasqual Band of Mission Indians to incorporate the robust history, culture, and traditional ecological knowledge of the Kumeyaay people into the park′s visitor center, trails, and programs.  

Currently, the SPB State Park is closed to the public for day use, but special events continue to be hosted.

SPB State Park spans 50 acres in the San Pasqual Valley. Only 3.68 acres is owned by State Parks and the rest is owned by the City of San Diego. Currently, there is no MOU between the San Pasqual Band and State Parks regarding this property.

There is no clear statutory or administrative process for State Parks to sell, grant, or dispose of state park properties. According to State Parks, it is unclear if it has ever removed properties from the state park system. Without clear statutory authority, it is unlikely that State Parks could dispose of any property. The only route by which state park property could be disposed would be to declare the land surplus, although it is unlikely that state park property would ever qualify.

According to the Author

″[This bill] is a critical step toward justice for the San Pasqual Band of Mission Indians, whose ancestral lands in the San Pasqual Valley were stripped from them through a legacy of state and federal failures. This bill rectifies a historic wrong by returning state-owned parcels within the [SPB State Park]—land that holds profound cultural and spiritual significance, including a tribal cemetery—to the tribe at no cost. By transferring these 3.68 acres, we honor the tribe′s unbroken connection to this land and align with California′s commitment to reconciliation with Native communities.

The San Pasqual Band of Mission Indians envisions a public park that celebrates their history and contributions—a space for healing and learning that benefits all Californians. [This bill] is not just about land; it′s about seizing this opportunity to turn empty promises into meaningful progress and demonstrate that California′s path forward includes honoring its past.″

Arguments in Support

The Chairman of the San Pasqual Band of Mission Indians writes in support and sponsorship of this bill. The Chairman shares that some of the ancestral homeland of the San Pasqual Band of Mission Indians became property of the state and is now [SPB State Park]. ″This state park has not been in operation for many years and remains closed to this day. We believe that this return of ancestral land back to San Pasqual is in line with the Governor′s and Legislature′s commitment to ensure the protection and well being of California′s first people, our cultures, and our land.″

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee, this bill has the following fiscal impact:

1. State Parks will incur one-time costs [General Fund, State Park and Recreation Fund (SPRF)] to facilitate the property transfer. State Parks expects fee title land conveyance to cost between $100,000 and $200,000, and notes it would work with and reimburse DGS for this work. For its part, DGS anticipates one-time costs of approximately $60,000 to prepare title reports and process the transfer (General Fund). DGS notes it would recover these costs from State Parks. While these estimates differ, the exact cost will likely depend on the details and complexity of the transaction.

State Parks has an existing lease with the San Diego County Archaeological Society and anticipates that termination of the lease will cost the department about $5,000. Additionally, the San Diego Archaeological Center houses some of State Parks′ and other entities′ collections. State Parks estimates costs of approximately $30,000 for specialized packing and $43,000 for temporary storage of its curatorial collection, with additional significant costs for long-term storage.

State Parks notes the City of San Diego has indicated it is unable to transfer the property it owns – approximately 65 acres, including a majority of the park′s facilities – to the Tribe due to utility easement restrictions. The overall cost of effectuating the city′s transfer of land is unknown but is likely to include about $5,000 for terminating the state′s lease with the city and $38,000 for additional relocation of materials and collections.

1. One-time revenue loss of an unknown amount, potentially in excess of $150,000, to the state by quitclaiming SPB State Park at no cost to the tribe, thus foregoing a future sale of the property by the state (General Fund).

To the extent there is deferred maintenance on the property, requiring the state to quitclaim the park may also result in potential one-time costs and ongoing cost savings of an unknown amount to State Parks, as State Parks may need to undertake maintenance activities prior to the transfer, but would no longer need to continue maintenance afterward.

1. One-time local costs, likely minor, to the City of San Diego to exempt the transferred lands from property taxation. These costs are potentially reimbursable by the state, subject to a determination by the Commission on State Mandates, although it is unlikely the city would submit a claim. And while the bill exempts transferred lands, and improvements on those lands, from real property and documentary transfer taxes, the bill states that the state shall not reimburse any local agency for lost property tax revenue

The Legislative Analyst′s Office (LAO) recently warned of General Fund structural deficits of around $35 billion per year in the 2027-28 fiscal year (FY) and ongoing. In February 2024, the LAO projected the SPRF to have an annual gap of approximately $18 million between its estimated revenues and projected expenditures in each of the next few years. This structural deficit would cause SPRF to become insolvent before the end of FY 2029‑30.

VOTES

ASM WATER, PARKS, AND WILDLIFE: 11-0-2

YES: Papan, Jeff Gonzalez, Alanis, Alvarez, Ávila Farías, Bains, Bennett, Boerner, Caloza, Hart, Muratsuchi

ABS, ABST OR NV: Gallagher, Rogers

ASM GOVERNMENTAL ORGANIZATION: 22-0-0

YES: Blanca Rubio, Davies, Alvarez, Berman, Bryan, Carrillo, Dixon, Fong, Gabriel, Gallagher, Gipson, Macedo, McKinnor, Nguyen, Pacheco, Ramos, Michelle Rodriguez, Solache, Soria, Ta, Valencia, Wallis

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Hoover, Aguiar-Curry, Calderon, Caloza, Dixon, Fong, Mark González, Krell, Pacheco, Pellerin, Sharp-Collins, Solache, Ta, Tangipa

ASSEMBLY FLOOR: 77-0-3

YES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

ABS, ABST OR NV: Muratsuchi, Celeste Rodriguez, Sanchez

SENATE FLOOR: 40-0-0

YES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Reyes, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener

ASSEMBLY FLOOR: 78-0-1

YES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

ABS, ABST OR NV: Sanchez

UPDATED

VERSION: September 3, 2026

CONSULTANT: Stephanie Mitchell / W., P., & W. / (916) 319-2096 FN: 0004613

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2770

Author:(Alvarez)

As Amended Ver:August 21, 2026

Majority vote

SUMMARY

Requires the Department of Parks and Recreation (State Parks) to quitclaim San Pasqual Battlefield State Historic Park (SPB State Park) to the San Pasqual Band of Mission Indians.

Senate Amendments

1. Transfer the requirement to quitclaim SPB State Park from the Department of General Services (DGS) to State Parks.
2. Require the state to notice the quitclaim publicly in a newspaper and for ten days at the intersection of the public right-of-way and the property.
3. Require artifacts, displays, and information related to the 1846 Battle of San Pasqual to be included in the education center.
4. Remove the requirement that the state encourage the City of San Diego to return property the city owns within the SPB State Park.

COMMENTS

California is home to the largest Native American population in the country and has 109 federally recognized tribes, with several other groups seeking federal recognition. Very few Native Americans live on their ancestral lands in California today. This is due to the repeated efforts of Spanish, Mexican, Russian, and U.S. governments to subdue and displace Indigenous peoples. For example, the federal government sent three commissioners to California to negotiate treaties with California tribes in 1851. These commissioners negotiated 18 treaties with 139 tribes that would have set aside approximately 7.5 million acres for Indian use and granted other rights to Native Californians; however, when President Fillmore submitted the treaties to the U.S. Senate for ratification in February 1852, senators from California objected and the U.S. Senate rejected the treaties during a secret session. The U.S. Senate then placed the treaties in its archive, concealing the existence of these treaties from the public for more than 50 years.

In contrast, on March 17, 2026, the California Natural Resources Agency (CNRA) launched the state’s first Tribal Stewardship Policy, establishing a statewide goal of expanding tribal stewardship over at least 7.5 million acres of lands and coastal waters in California (the same quantity of property that was never delivered by the state in 1852). This policy sets clear standards to institutionalize meaningful and durable tribal-state partnerships and advance tribal stewardship through tribal access, collaboration, and ancestral land return.

CNRA, State Parks, and the Department of Transportation jointly announced the Reexamining Our Past Initiative—a statewide effort to survey, evaluate and redress the names of existing state parks (including features within the state parks systems such as trails), monuments and transportation systems with racist or discriminatory roots. The state agencies are working with California Native American tribes, universities, and community partners to address the terms identified. State Parks is currently in the process of developing tribal land acknowledgements for all 280 state parks through new signage and improved interpretation that will better connect the public with tribal history and contemporary experiences. So far, State Parks has consulted with 80 tribes to develop tribal land acknowledgements to be included in signage at 88 state parks. The 2022–23 state budget included nearly $10 million to develop a plan for this work and to update and better contextualize the history of California Native Americans in existing visitor center and museum exhibits at 24 state parks.

State Parks has entered into 14 memoranda of understanding (MOUs) and one joint powers agreement with California Native American tribes for tribal access and collaboration over 89 parks units, covering approximately 939,000 acres of land.

According to their website, the ancestors of the San Pasqual Indians lived for thousands of years in the valley carved by the Santa Ysabel Creek near the present site of the San Diego Zoo’s Wild Animal Park. San Pasqual is one of thirteen bands that make up the Kumeyaay Nation in Southern California.  There are four other Kumeyaay bands in Northern Mexico. After the arrival of the Spaniards and the establishment of Mission San Diego de Alcala in 1769, many Kumeyaay either left or were forced out of their ancestral homes. The San Pasqual Band of Mission Indians is a federally recognized tribe that maintains a Reservation covering about 1,380 acres in northeastern San Diego County in Southern California. The Reservation is home to about 800 people, including 450 enrolled tribal members.

SPB State Park highlights the rich cultural history of the San Pasqual Valley, featuring exhibits on the Kumeyaay people, the region’s Indigenous inhabitants, and commemorates the 1846 Battle of San Pasqual during the Mexican-American War. In recognition of the Kumeyaay ancestry, State Parks is working closely with the San Pasqual Band of Mission Indians to incorporate the robust history, culture, and traditional ecological knowledge of the Kumeyaay people into the park’s visitor center, trails, and programs.  

Currently, the SPB State Park is closed to the public for day use, but special events continue to be hosted.

SPB State Park spans 50 acres in the San Pasqual Valley. Only 3.68 acres is owned by State Parks and the rest is owned by the City of San Diego. Currently, there is no MOU between the San Pasqual Band and State Parks regarding this property.

There is no clear statutory or administrative process for State Parks to sell, grant, or dispose of state park properties. According to State Parks, it is unclear if it has ever removed properties from the state park system. Without clear statutory authority, it is unlikely that State Parks could dispose of any property. The only route by which state park property could be disposed would be to declare the land surplus, although it is unlikely that state park property would ever qualify.

According to the Author

“[This bill] is a critical step toward justice for the San Pasqual Band of Mission Indians, whose ancestral lands in the San Pasqual Valley were stripped from them through a legacy of state and federal failures. This bill rectifies a historic wrong by returning state-owned parcels within the [SPB State Park]—land that holds profound cultural and spiritual significance, including a tribal cemetery—to the tribe at no cost. By transferring these 3.68 acres, we honor the tribe’s unbroken connection to this land and align with California’s commitment to reconciliation with Native communities.

The San Pasqual Band of Mission Indians envisions a public park that celebrates their history and contributions—a space for healing and learning that benefits all Californians. [This bill] is not just about land; it’s about seizing this opportunity to turn empty promises into meaningful progress and demonstrate that California’s path forward includes honoring its past.”

Arguments in Support

The Chairman of the San Pasqual Band of Mission Indians writes in support and sponsorship of this bill. The Chairman shares that some of the ancestral homeland of the San Pasqual Band of Mission Indians became property of the state and is now [SPB State Park]. “This state park has not been in operation for many years and remains closed to this day. We believe that this return of ancestral land back to San Pasqual is in line with the Governor’s and Legislature’s commitment to ensure the protection and well being of California’s first people, our cultures, and our land.”

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee, this bill has the following fiscal impact:

1. State Parks will incur one-time costs [General Fund, State Park and Recreation Fund (SPRF)] to facilitate the property transfer. State Parks expects fee title land conveyance to cost between $100,000 and $200,000, and notes it would work with and reimburse DGS for this work. For its part, DGS anticipates one-time costs of approximately $60,000 to prepare title reports and process the transfer (General Fund). DGS notes it would recover these costs from State Parks. While these estimates differ, the exact cost will likely depend on the details and complexity of the transaction.

State Parks has an existing lease with the San Diego County Archaeological Society and anticipates that termination of the lease will cost the department about $5,000. Additionally, the San Diego Archaeological Center houses some of State Parks’ and other entities’ collections. State Parks estimates costs of approximately $30,000 for specialized packing and $43,000 for temporary storage of its curatorial collection, with additional significant costs for long-term storage.

State Parks notes the City of San Diego has indicated it is unable to transfer the property it owns – approximately 65 acres, including a majority of the park’s facilities – to the Tribe due to utility easement restrictions. The overall cost of effectuating the city’s transfer of land is unknown but is likely to include about $5,000 for terminating the state’s lease with the city and $38,000 for additional relocation of materials and collections.

1. One-time revenue loss of an unknown amount, potentially in excess of $150,000, to the state by quitclaiming SPB State Park at no cost to the tribe, thus foregoing a future sale of the property by the state (General Fund).

To the extent there is deferred maintenance on the property, requiring the state to quitclaim the park may also result in potential one-time costs and ongoing cost savings of an unknown amount to State Parks, as State Parks may need to undertake maintenance activities prior to the transfer, but would no longer need to continue maintenance afterward.

1. One-time local costs, likely minor, to the City of San Diego to exempt the transferred lands from property taxation. These costs are potentially reimbursable by the state, subject to a determination by the Commission on State Mandates, although it is unlikely the city would submit a claim. And while the bill exempts transferred lands, and improvements on those lands, from real property and documentary transfer taxes, the bill states that the state shall not reimburse any local agency for lost property tax revenue

The Legislative Analyst’s Office (LAO) recently warned of General Fund structural deficits of around $35 billion per year in the 2027-28 fiscal year (FY) and ongoing. In February 2024, the LAO projected the SPRF to have an annual gap of approximately $18 million between its estimated revenues and projected expenditures in each of the next few years. This structural deficit would cause SPRF to become insolvent before the end of FY 2029‑30.

VOTES:

ASM WATER, PARKS, AND WILDLIFE: 11-0-2

YES: Papan, Jeff Gonzalez, Alanis, Alvarez, Ávila Farías, Bains, Bennett, Boerner, Caloza, Hart, Muratsuchi

ABS, ABST OR NV: Gallagher, Rogers

ASM GOVERNMENTAL ORGANIZATION: 22-0-0

YES: Blanca Rubio, Davies, Alvarez, Berman, Bryan, Carrillo, Dixon, Fong, Gabriel, Gallagher, Gipson, Macedo, McKinnor, Nguyen, Pacheco, Ramos, Michelle Rodriguez, Solache, Soria, Ta, Valencia, Wallis

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Hoover, Aguiar-Curry, Calderon, Caloza, Dixon, Fong, Mark González, Krell, Pacheco, Pellerin, Sharp-Collins, Solache, Ta, Tangipa

ASSEMBLY FLOOR: 77-0-3

YES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

ABS, ABST OR NV: Muratsuchi, Celeste Rodriguez, Sanchez

UPDATED

VERSION: August 21, 2026

CONSULTANT: Stephanie Mitchell / W., P., & W. / (916) 319-2096 FN: 0004431

 THIRD READING  

Bill No: AB 2770

Author: Alvarez (D), et al.

Amended: 8/21/26 in Senate

Vote: 21

SENATE NATURAL RES. & WATER COMMITTEE: 7-0, 7/1/26

AYES: Becker, Seyarto, Allen, Cabaldon, Grove, Laird, Stern

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/13/26

AYES: Cervantes, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab

ASSEMBLY FLOOR: 77-0, 5/26/26 - See last page for vote

SUBJECT: State Property: San Pasqual Battlefield State Park

SOURCE: Author

DIGEST:

This bill would require the Department of Parks and Recreation to quitclaim, forthwith, the state-owned land in the San Pasqual Battlefield State Historic Park.

Senate Floor Amendments of 8/21/26 add a coauthor.

ANALYSIS: Existing Law:

1. Encourages and authorizes all state agencies to cooperate with federally recognized California Indian tribes on matters of economic development and improvement for the tribes (Government Code § 11019.8).
2. Encourages the State of California and its agencies to consult on a government-to-government basis with federally recognized tribes, and to consult with nonfederally recognized tribes. Requires government-to-government consultation training (Government Code § 11019.81).
3. Encourages the California Natural Resources Agency (CNRA), and its departments, boards, conservancies, and commissions, to enter into co-governance and co-management agreements with federally recognized tribes. Permits the Secretary of CNRA or a delegate to enter into co-governance and co-management agreements with federally recognized tribes for the purposes of shared responsibility, decision-making, and partnership in resource management and conservation within a tribe’s ancestral lands and waters (Government Code § 11019.82).
4. Establishes the California state park system and vests State Parks with control of the state park system and responsibility for administering, protecting, developing, and interpreting state parks for the use and enjoyment of the public [Public Resource Code (PRC) §§ 5001 et seq.).
5. Prohibits the commercial exploitation of resources in units of the state park system, with some exceptions (PRC § 5001.65).

This bill:

1. Requires State Parks to quitclaim, forthwith, all interests of the state in the land owned within the San Pasqual Battlefield State Park, to the San Pasqual Band of Mission Indians, at no cost to the tribe.
   1. Require the state to publish public notice of the quitclaim in a County of San Diego newspaper and at the intersection of the public right-of-way and the property.
2. Places conditions on the quitclaim deed including:
   1. The termination of all agreements, including but not limited to leases, that the state is a counterparty and which concerns the land subject to the quitclaim, upon conveyance to the tribe.
   2. Restricting the San Pasqual Band of Mission Indians’ commercial use of the lands solely to operating a educational or cultural center.
      1. The educational center shall include artifacts, displays, and information relating to the 1846 Battle of San Pasqual, including the role of the Mormon Battalion in that battle and in the Mexican-American War, and the lasting impacts of the battle on surrounding communities.
      2. No other commercial use or development, including, but not limited to, gaming, shall be permitted on the lands.
      3. Authorizes the tribe to operate commercial uses related to the enjoyment of educational and cultural experiences tied to the San Pasqual Band of Mission Indians’ culture and history or related to the San Pasqual Band of Mission Indians’ operation of a cultural or educational center, including, but not limited to, a gift shop, snack bar, parking lot, or other similar use.
   3. Prohibiting the subsequent sale or transfer of these lands and improvements on those lands, except as necessary for the United States to hold the lands in trust on behalf of the San Pasqual Band of Mission Indians.
   4. Prohibiting the encumberance of these lands and improvements on those lands.
      1. “Encumbered” includes, but is not limited to, mortgaging the property, pledging the property as collateral, or any other transaction where the property would serve as security for borrowed funds.
      2. Any lease of the land and improvements shall be consistent with the purposes for which the land and improvements are granted.
   5. Prohibiting these lands from being subject to real property taxation, and establishing that no documentary transfer tax shall apply with respect to any deed, instrument, or writing effectuating the transfer.
   6. Establishing that the grant of lands shall be valid only if the San Pasqual Band of Mission Indians’ Tribal Council adopts a resolution pursuant to its tribal law accepting the fee title grants in accordance with these conditions.
   7. The authorization of public access, subject to reasonable regulations adopted by the San Pasqual Band of Mission Indians, pursuant to its inherent sovereign authority as landowner, provided that public recreation activities shall be limited to existing trails and roads, and that the use of off-road vehicles and e-bicycles shall be prohibited.
3. Requires the state, if the City of San Diego agrees to transfer the land that it owns within the San Pasqual Battlefield State Park to the San Pasqual Band of Mission Indians, to, at no cost to the tribe, relinquish or transfer to the San Pasqual Band of Mission Indians all rights and interests that the state has in those lands through lease, permit, or otherwise, and take any and all other actions necessary to effectuate the City of San Diego’s transfer of the land to the San Pasqual Band of Mission Indians.
4. Finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances surrounding the history of the ancestral lands of the San Pasqual Band of Mission Indians and the state’s attempt rectify the recognized wrongs of the state by returning the land to the San Pasqual Band of Mission Indians.
5. Finds and declares that this bill serves a public purpose of attempting to rectify the recognized wrongs of the state in discriminating against Native Americans and to heal the relationship between the state and the San Pasqual Band of Mission Indians, and also serves a public purpose of allowing the San Pasqual Band of Mission Indians to operate a public park to educate the public on the tribe’s history and contributions to the community, and for all of these reasons, does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.

Background

San Pasqual Battlefield State Historic Park (SHP). The San Pasqual Battlefield SHP highlights the rich cultural history of the San Pasqual Valley, featuring exhibits on the Kumeyaay people, the region’s Indigenous inhabitants, and commemorates the 1846 Battle of San Pasqual during the Mexican-American War. In recognition of the Kumeyaay ancestry, State Parks is working closely with the San Pasqual Band of Mission Indians to incorporate the robust history, culture, and traditional ecological knowledge of the Kumeyaay people into the park’s visitor center, trails, and programs.  

San Pasqual Battlefield SHP spans 50 acres in the San Pasqual Valley. Only 3.68 acres is owned by State Parks and the rest is owned by the City of San Diego. Currently, this state park is closed to the public for day use, but special events continue to be hosted. There is no MOU between the San Pasqual Band and State Parks regarding this property.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

• The Department of Parks and Recreation (State Parks) has identified one-time General Fund implications of approximately $278,000 if the department's 3.68 acres of property were transferred to the tribe. DGS would charge State Parks for the land conveyance, estimated between $100,000–$200,000, and contingent upon the details of the transaction. State Parks has an existing lease with the San Diego Archaeological Society and anticipates lease termination costs approximately $5,000. Additionally, the Archaeological Center houses some of the department's and other entities' collections. State Parks estimates costs of approximately $30,000 for specialized packing, and $43,000 for temporary storage of the Curatorial Collection, with additional significant costs for moving and long-term storage at the Statewide Museum Collections Center in Sacramento. The City of San Diego has indicated they would be unable to transfer the property they own, approximately 65 acres, therefore, costs associated with effectuating the City's transfer of land have not been included in the above total but would include $5,000 for terminating the lease with the City, and $38,000 for additional relocation of materials and collections.
• One-time revenue loss of an unknown amount, potentially in excess of $150,000, to the state by quitclaiming SPB State Park at no cost to the tribe, thus foregoing a future sale of the property by the state (General Fund). At the time this analysis was prepared, the committee did not know the current estimated value of the property. To the extent there is deferred maintenance on the property, requiring the state to quitclaim the park may also result in potential one-time costs and ongoing cost savings of an unknown amount to State Parks, as State Parks may need to undertake maintenance activities prior to the transfer, but would no longer need to continue maintenance afterward.
• One-time local costs, likely minor, to the City of San Diego to exempt the transferred lands from property taxation. These costs are potentially reimbursable by the state, subject to a determination by the Commission on State Mandates, although it is unlikely the city would submit a claim. And while the bill exempts transferred lands, and improvements on those lands, from real property and documentary transfer taxes, the bill states that the state shall not reimburse any local agency for lost property tax revenue.

SUPPORT: (Verified 8/21/26)

Tolowa Dee-Ni’ Nation

San Pasqual Band of Mission Indians

OPPOSITION: (Verified 8/21/26)

None received

ARGUMENTS IN SUPPORT: According to the author, “AB 2770 is a critical step toward justice for the San Pasqual Band of Mission Indians, whose ancestral lands in the San Pasqual Valley were stripped from them through a legacy of state and federal failures. This bill rectifies a historic wrong by returning state-owned parcels within the San Pasqual Battlefield State Park—land that holds profound cultural and spiritual significance, including a tribal cemetery—to the tribe at no cost. For too long, this park has sat closed and unused, a symbol of erasure rather than education. By transferring these 3.68 acres, we honor the tribe’s unbroken connection to this land and align with California’s commitment to reconciliation with Native communities.

“The San Pasqual Band of Mission Indians envisions a public park that celebrates their history and contributions—a space for healing and learning that benefits all Californians. AB 2770 is not just about land; it’s about seizing this opportunity to turn empty promises into meaningful progress and demonstrate that California’s path forward includes honoring its past.”

ARGUMENTS IN OPPOSITION: None received.

ASSEMBLY FLOOR: 77-0, 5/26/26

AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

NO VOTE RECORDED: Muratsuchi, Celeste Rodriguez, Sanchez

Prepared by: Edith Hannigan / N.R. & W. / (916) 651-4116

8/24/26 12:15:02

**** END ****

 THIRD READING  

Bill No: AB 2770

Author: Alvarez (D), et al.

Amended: 7/2/26 in Senate

Vote: 21

SENATE NATURAL RES. & WATER COMMITTEE: 7-0, 7/1/26

AYES: Becker, Seyarto, Allen, Cabaldon, Grove, Laird, Stern

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/13/26

AYES: Cervantes, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab

ASSEMBLY FLOOR: 77-0, 5/26/26 - See last page for vote

SUBJECT: State Property: San Pasqual Battlefield State Park

SOURCE: Author

DIGEST:

This bill requires the Department of Parks and Recreation to quitclaim, forthwith, the state-owned land in the San Pasqual Battlefield State Historic Park.

ANALYSIS:

Existing law:

1. Encourages and authorizes all state agencies to cooperate with federally recognized California Indian tribes on matters of economic development and improvement for the tribes (Government Code § 11019.8).
2. Encourages the State of California and its agencies to consult on a government-to-government basis with federally recognized tribes, and to consult with nonfederally recognized tribes. Requires government-to-government consultation training (Government Code § 11019.81).
3. Encourages the California Natural Resources Agency (CNRA), and its departments, boards, conservancies, and commissions, to enter into co-governance and co-management agreements with federally recognized tribes. Permits the Secretary of CNRA or a delegate to enter into co-governance and co-management agreements with federally recognized tribes for the purposes of shared responsibility, decision-making, and partnership in resource management and conservation within a tribe’s ancestral lands and waters (Government Code § 11019.82).
4. Establishes the California state park system and vests State Parks with control of the state park system and responsibility for administering, protecting, developing, and interpreting state parks for the use and enjoyment of the public [Public Resource Code (PRC) §§ 5001 et seq.).
5. Prohibits the commercial exploitation of resources in units of the state park system, with some exceptions (PRC § 5001.65).

This bill:

1. Requires State Parks to quitclaim, forthwith, all interests of the state in the land owned within the San Pasqual Battlefield State Park, to the San Pasqual Band of Mission Indians, at no cost to the tribe.
   1. Requires the state to publish public notice of the quitclaim in a County of San Diego newspaper and at the intersection of the public right-of-way and the property.
2. Places conditions on the quitclaim deed including:
   1. The termination of all agreements, including but not limited to leases, that the state is a counterparty and which concerns the land subject to the quitclaim, upon conveyance to the tribe.
   2. Restricting the San Pasqual Band of Mission Indians’ commercial use of the lands solely to operating a cultural or educational center.
      1. The educational center shall include artifacts, displays, and information relating to the 1846 Battle of San Pasqual, including the role of the Mormon Battalion in that battle and in the Mexican-American War, and the lasting impacts of the battle on surrounding communities.
      2. No other commercial use or development, including, but not limited to, gaming, shall be permitted on the lands.
      3. Authorizes the tribe to operate commercial uses related to the enjoyment of educational and cultural experiences tied to the San Pasqual Band of Mission Indians’ culture and history or related to the San Pasqual Band of Mission Indians’ operation of a cultural or educational center, including, but not limited to, a gift shop, snack bar, parking lot, or other similar use.
   3. Prohibiting the subsequent sale or transfer of these lands and improvements on those lands, except as necessary for the United States to hold the lands in trust on behalf of the San Pasqual Band of Mission Indians.
   4. Prohibiting the encumberance of these lands and improvements on those lands.
      1. “Encumbered” includes, but is not limited to, mortgaging the property, pledging the property as collateral, or any other transaction where the property would serve as security for borrowed funds.
      2. Any lease of the land and improvements shall be consistent with the purposes for which the land and improvements are granted.
   5. Prohibiting these lands from being subject to real property taxation, and establishing that no documentary transfer tax shall apply with respect to any deed, instrument, or writing effectuating the transfer.
   6. Establishing that the grant of lands shall be valid only if the San Pasqual Band of Mission Indians’ Tribal Council adopts a resolution pursuant to its tribal law accepting the fee title grants in accordance with these conditions.
   7. The authorization of public access, subject to reasonable regulations adopted by the San Pasqual Band of Mission Indians, pursuant to its inherent sovereign authority as landowner, provided that public recreation activities shall be limited to existing trails and roads, and that the use of off-road vehicles and e-bicycles shall be prohibited.
3. Requires the state, if the City of San Diego agrees to transfer the land that it owns within the San Pasqual Battlefield State Park to the San Pasqual Band of Mission Indians, to, at no cost to the tribe, relinquish or transfer to the San Pasqual Band of Mission Indians all rights and interests that the state has in those lands through lease, permit, or otherwise, and take any and all other actions necessary to effectuate the City of San Diego’s transfer of the land to the San Pasqual Band of Mission Indians.
4. Finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances surrounding the history of the ancestral lands of the San Pasqual Band of Mission Indians and the state’s attempt rectify the recognized wrongs of the state by returning the land to the San Pasqual Band of Mission Indians.
5. Finds and declares that this bill serves a public purpose of attempting to rectify the recognized wrongs of the state in discriminating against Native Americans and to heal the relationship between the state and the San Pasqual Band of Mission Indians, and also serves a public purpose of allowing the San Pasqual Band of Mission Indians to operate a public park to educate the public on the tribe’s history and contributions to the community, and for all of these reasons, does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.

Comments

San Pasqual Battlefield State Historic Park (SHP). The San Pasqual Battlefield SHP highlights the rich cultural history of the San Pasqual Valley, featuring exhibits on the Kumeyaay people, the region’s Indigenous inhabitants, and commemorates the 1846 Battle of San Pasqual during the Mexican American War. In recognition of the Kumeyaay ancestry, State Parks is working closely with the San Pasqual Band of Mission Indians to incorporate the robust history, culture, and traditional ecological knowledge of the Kumeyaay people into the park’s visitor center, trails, and programs.  

San Pasqual Battlefield SHP spans 50 acres in the San Pasqual Valley. Only 3.68 acres is owned by State Parks, and the rest is owned by the City of San Diego. Currently, this state park is closed to the public for day use, but special events continue to be hosted. There is no MOU between the San Pasqual Band and State Parks regarding this property.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

• The Department of Parks and Recreation (State Parks) has identified one-time General Fund implications of approximately $278,000 if the department's 3.68 acres of property were transferred to the tribe. DGS would charge State Parks for the land conveyance, estimated between $100,000–$200,000, and contingent upon the details of the transaction. State Parks has an existing lease with the San Diego Archaeological Society and anticipates lease termination costs approximately $5,000. Additionally, the Archaeological Center houses some of the department's and other entities' collections. State Parks estimates costs of approximately $30,000 for specialized packing, and $43,000 for temporary storage of the Curatorial Collection, with additional significant costs for moving and long-term storage at the Statewide Museum Collections Center in Sacramento. The City of San Diego has indicated they would be unable to transfer the property they own, approximately 65 acres, therefore, costs associated with effectuating the City's transfer of land have not been included in the above total but would include $5,000 for terminating the lease with the City, and $38,000 for additional relocation of materials and collections.
• One-time revenue loss of an unknown amount, potentially in excess of $150,000, to the state by quitclaiming SPB State Park at no cost to the tribe, thus foregoing a future sale of the property by the state (General Fund). At the time this analysis was prepared, the committee did not know the current estimated value of the property. To the extent there is deferred maintenance on the property, requiring the state to quitclaim the park may also result in potential one-time costs and ongoing cost savings of an unknown amount to State Parks, as State Parks may need to undertake maintenance activities prior to the transfer, but would no longer need to continue maintenance afterward.
• One-time local costs, likely minor, to the City of San Diego to exempt the transferred lands from property taxation. These costs are potentially reimbursable by the state, subject to a determination by the Commission on State Mandates, although it is unlikely the city would submit a claim. And while the bill exempts transferred lands, and improvements on those lands, from real property and documentary transfer taxes, the bill states that the state shall not reimburse any local agency for lost property tax revenue.

SUPPORT: (Verified 8/13/26)

Tolowa Dee-Ni’ Nation

San Pasqual Band of Mission Indians

OPPOSITION: (Verified 8/13/26)

California Department of Finance

ARGUMENTS IN SUPPORT: According to the author, “AB 2770 is a critical step toward justice for the San Pasqual Band of Mission Indians, whose ancestral lands in the San Pasqual Valley were stripped from them through a legacy of state and federal failures. This bill rectifies a historic wrong by returning state-owned parcels within the San Pasqual Battlefield State Park—land that holds profound cultural and spiritual significance, including a tribal cemetery—to the tribe at no cost. For too long, this park has sat closed and unused, a symbol of erasure rather than education. By transferring these 3.68 acres, we honor the tribe’s unbroken connection to this land and align with California’s commitment to reconciliation with Native communities.

“The San Pasqual Band of Mission Indians envisions a public park that celebrates their history and contributions—a space for healing and learning that benefits all Californians. AB 2770 is not just about land; it’s about seizing this opportunity to turn empty promises into meaningful progress and demonstrate that California’s path forward includes honoring its past.”

ARGUMENTS IN OPPOSITION: The California Department of Finance’s opposition analysis states, “Finance is opposed to this bill because it will result in additional General Fund costs not included in the 2026 Budget Act and it will set a precedent that will likely result in Parks, and possibly other departments, being pressured to quitclaim other properties throughout the state leading to additional cost pressures.

“Finance also notes that Parks works closely with many California Native American tribes throughout the state and has entered into memorandums of understanding, joint powers agreements, leases, and operating agreements to address various requests for protection of cultural resources, creation and management of interpretive elements, and enhanced access to park units. Similar agreements may address the interests of the San Pasqual Band of Mission

Indians while avoiding the negative consequences of this bill.

“Furthermore, utility easements granted by the City of San Diego prevent the city from quitclaiming the majority of the property and the city has expressed opposition to relinquishing the property regardless of the easements. Without the city's portion of the property, this bill would be limited in resolving the problem it seeks to remedy.”

ASSEMBLY FLOOR: 77-0, 5/26/26

AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

NO VOTE RECORDED: Muratsuchi, Celeste Rodriguez, Sanchez

Prepared by: Edith Hannigan / N.R. & W. / (916) 651-4116

8/14/26 14:18:36

**** END ****

SENATE COMMITTEE ON

Senator Sabrina Cervantes, Chair

2025 - 2026 Regular Session

AB 2770 (Alvarez) - State Property: San Pasqual Battlefield State Park

Bill Summary:

This bill would require the state to quitclaim, forthwith, the state-owned land in the San Pasqual Battlefield State Historic Park.

Fiscal Impact:

• The Department of Parks and Recreation (State Parks) has identified one-time General Fund implications of approximately $278,000 if the department's 3.68 acres of property were transferred to the tribe. DGS would charge State Parks for the land conveyance, estimated between $100,000–$200,000, and contingent upon the details of the transaction. State Parks has an existing lease with the San Diego Archaeological Society and anticipates lease termination costs approximately $5,000. Additionally, the Archaeological Center houses some of the department's and other entities' collections. State Parks estimates costs of approximately $30,000 for specialized packing, and $43,000 for temporary storage of the Curatorial Collection, with additional significant costs for moving and long-term storage at the Statewide Museum Collections Center in Sacramento. The City of San Diego has indicated they would be unable to transfer the property they own, approximately 65 acres, therefore, costs associated with effectuating the City's transfer of land have not been included in the above total but would include $5,000 for terminating the lease with the City, and $38,000 for additional relocation of materials and collections.
• One-time revenue loss of an unknown amount, potentially in excess of $150,000, to the state by quitclaiming SPB State Park at no cost to the tribe, thus foregoing a future sale of the property by the state (General Fund). At the time this analysis was prepared, the committee did not know the current estimated value of the property. To the extent there is deferred maintenance on the property, requiring the state to quitclaim the park may also result in potential one-time costs and ongoing cost savings of an unknown amount to State Parks, as State Parks may need to undertake maintenance activities prior to the transfer, but would no longer need to continue maintenance afterward.
• One-time local costs, likely minor, to the City of San Diego to exempt the transferred lands from property taxation. These costs are potentially reimbursable by the state, subject to a determination by the Commission on State Mandates, although it is unlikely the city would submit a claim. And while the bill exempts transferred lands, and improvements on those lands, from real property and documentary transfer taxes, the bill states that the state shall not reimburse any local agency for lost property tax revenue.

Background:

California is home to the largest Native American population in the country and has 110 federally recognized tribes, with another 81 groups seeking federal recognition. According to 2020 U.S. Census data, 631,016 Californians identify as "American Indian" or "Alaska Native;" when including the Californians that identify as "American Indian" or "Alaska Native" in combination with another race or ethnicity, the number of Native Americans in California increases to 1.4 million residents.

Very few Native Americans live on their ancestral lands in California today. This is due to the repeated efforts of Spanish, Mexican, Russian, and U.S. governments to subdue and displace Indigenous peoples: "All four colonial nations sponsored policies that uprooted Indigenous People and communities from the lands in which they were created, and all four deployed violence, in the form of slavery, genocide, and an administrative state bent on eliminating California Indian people."

The federal government sent three commissioners to California to negotiate treaties with California tribes in 1851. These commissioners negotiated 18 treaties with 139 tribes that would have set aside approximately 7.5 million acres for Indian use and granted other rights to Native Californians; however, when President Fillmore submitted the treaties to the U.S. Senate for ratification in February 1852, senators from California objected and the U.S. Senate rejected the treaties during a secret session. The U.S. Senate then placed the treaties in its archive, concealing the existence of these treaties from the public for more than 50 years. In 1903, the federal government sent another Indian agent to California to settle Indians on reserved lands. By that time, however, many tribes no longer lived on their ancestral lands, so small plots of land were established for Indian families. California Native American tribes lost access to land, water, cultural resources, and more as a result of this tragic history.

Lands legally controlled by tribes in California today result from presidential executive order, federal statute, or action by tribes and tribal members themselves to purchase land.

Modern state support for tribal stewardship and access. As of March 2026, the California Natural Resources Agency (CNRA) and its departments, conservancies, and commissions and agencies from across the state have supported, through funding or other opportunities, the return of approximately 103,000 acres of land back to California Native American tribes, with more acres expected to be returned soon. The California Department of Fish and Wildlife and many other CNRA departments are actively developing additional tribal access and collaboration agreements with tribes across California. Examples include:

• Establishment and initial funding of $100 million for the Tribal Nature-Based Solutions Grant Program to support approximately 49,000 acres of land to be returned to California Native American tribes;
• Establishment and initial funding of $29 million for the Tribal Wildfire and Forest Resiliency Grant Program and has already supported 15 tribes' wildfire resilience and forestry management priorities;
• Establishment and initial funding of $10 million for the Tribal Youth Conservation Corps Grant Program, creating five new programs and providing job training opportunities for tribal youth; and
• Passage of the $10 billion Climate Bond that provides for $75 million in tribal set asides and includes the mandate of 40% of the bond funding to deliver meaningful and direct benefits to vulnerable populations, disadvantaged communities, and severely disadvantaged communities, including California Native American tribes.

Tribal Stewardship Policy. On March 17, 2026, CNRA launched the state's first Tribal Stewardship Policy (Policy), establishing a statewide goal of expanding tribal stewardship over at least 7.5 million acres of lands and coastal waters in California (the same quantity of property that was never delivered by the state in 1852). The Policy sets clear standards to institutionalize meaningful and durable tribal-state partnerships and advance tribal stewardship through tribal access, collaboration, and ancestral land return. The Policy is supported by a companion toolkit containing training materials, templates, webinars, and technical resources designed for tribes, agency staff, and partners working to advance access, collaboration, and land return. The Policy aims to better support tribes and sustainable tribal partnerships through:

• Durable and consistent access to ancestral lands and coastal waters for cultural use, stewardship, and general visitation;
• Clear recognition of tribes as land and water stewards and decision-making partners;
• Stronger pathways for ancestral land return and long-term ownership;
• Reduced administrative barriers through consistent standards across state agencies;
• Formal recognition of Traditional Ecological Knowledge as essential to land and water management; and
• Practical tools and guidance supporting implementation and partnership building.

Tribal stewardship is defined by each individual tribe through tribal constitutions, laws, resolution, programming priorities, cultural and religious practices, ceremonies, or other measures. Tribal stewardship can include actions to care for and manage specific areas of land, landscapes or watersheds, plant and animal communities, and natural resources for cultural and ecological objectives. The state's Tribal Stewardship Policy highlights three key pathways to advance meaningful and durable tribal stewardship:

Ancestral Land Return is the return or re-acquisition of property or property rights, and can include ownership of land, water, air, and mineral rights to a California Native American tribe within the tribe's ancestral territory. Some recent examples include:

• The Washoe Tribe purchased over 10,000 acres from the City of Santa Clara in February 2026 for $6 million, with the support of the Northern Sierra Partnership, the Feather River Land Trust, and a $5.5 million grant from the Wildlife Conservation Board.
• The Hoopa Valley Tribe purchased 10,395 acres in Hupa Mountain to restore healthy forests, increase access to tribal members, create jobs and restoration economy for the Tribe, restore salmon runs and elk populations, and maintain the carbon credits commitments on the property. The Tribe worked closely with The Conservation Fund to fundraise public and private dollars for the purchase of the property. This included philanthropic funders, the California State Coastal Conservancy, and CNRA's Tribal Nature Based Solutions Grant Program.

Collaboration describes the act of building a relationship between one or more California Native American tribe(s) and one or more non-tribal entities for the stewardship of a defined area, infrastructure, project, species, or natural resource. For example:

• In 2020 the Yurok Tribe signed a Joint Powers Authority agreement with the Department of Parks and Recreation (State Parks) to operate the Stone Lagoon Visitor Center at Humboldt Lagoons State Park. The Tribe reopened the renovated and renamed Chah-pekw O' Ket'-toh Visitor Center in 2022. The Tribe has used their authority to share Yurok history and current management of the area with visitors, to conduct cultural events, and to sell concessions honoring Yurok artisans, historians, and storytellers.
• Big Valley Band of Pomo Indians of the Big Valley Rancheria signed a Memoranda of Understanding (MOU) with State Parks to collaboratively manage Clear Lake State Park, which is within the Tribe's ancestral homelands.

Access means California Native American tribes have access to their ancestral lands and the ability to engage in activities that encourage tribal members to experience, enjoy, use, and be in relation with their ancestral lands, the outdoors and environment, sacred places, ceremonies, tribal cultural resources, and natural resources. For example:

• The Yurok Tribe partnered with State Parks to re-name what was previously called Patrick's Point State Park to Sue-meg State Park. The name "Sue-meg" has been used by the Yurok people to describe the area where the Park is now located since time immemorial. The name change helps create a more welcoming space by acknowledging historical wrongs and accurately reflecting the Yurok history and cultural use of these lands. The Yurok Tribe formally requested the name change as part of the state's Reexamining Our Past Initiative in January 2021. The following September, the California State Park and Recreation Commission voted unanimously to approve the name change.

Tribes and State Parks. On September 25, 2020, CNRA, State Parks, and the Department of Transportation jointly announced the Reexamining Our Past Initiative — a statewide effort to survey, evaluate and redress the names of existing state parks (including features within the state parks systems such as trails), monuments and transportation systems with racist or discriminatory roots. The state agencies are working with California Native American tribes, universities, and community partners to address the terms identified.

State Parks is currently in the process of developing tribal land acknowledgements for all 280 state parks through new signage and improved interpretation that will better connect the public with tribal history and contemporary experiences. So far, State Parks has consulted with 80 tribes to develop tribal land acknowledgements to be included in signage at 88 state parks. The 2022–23 state budget included nearly $10 million to develop a plan for this work and to update and better contextualize the history of California Native Americans in existing visitor center and museum exhibits at 24 state parks.

State Parks has entered into 14 MOUs and one Joint Powers Agreement with California Native American tribes for tribal access and collaboration over 89 parks units, covering approximately 939,000 acres of land.

The San Pasqual Band of Mission Indians. According to their website, the ancestors of the San Pasqual Indians lived for thousands of years in the valley carved by the Santa Ysabel Creek near the present site of the San Diego Zoo's Wild Animal Park. San Pasqual is one of thirteen bands that make up the Kumeyaay Nation in Southern California. There are four other Kumeyaay bands in Northern Mexico. After the arrival of the Spaniards and the establishment of Mission San Diego de Alcala in 1769, many Kumeyaay either left or were forced out of their ancestral homes. The San Pasqual Band of Mission Indians is a federally recognized tribe that maintains a Reservation covering about 1,380 acres in northeastern San Diego County in Southern California. The Reservation is home to about 800 people, including 450 enrolled tribal members.

San Pasqual Battlefield State Historic Park (SHP). The San Pasqual Battlefield SHP highlights the rich cultural history of the San Pasqual Valley, featuring exhibits on the Kumeyaay people, the region's Indigenous inhabitants, and commemorates the 1846 Battle of San Pasqual during the Mexican-American War. In recognition of the Kumeyaay ancestry, State Parks is working closely with the San Pasqual Band of Mission Indians to incorporate the robust history, culture, and traditional ecological knowledge of the Kumeyaay people into the park's visitor center, trails, and programs.

Visitors can explore the Battlefield Monument Trail, a scenic 1.5-mile route leading to the San Pasqual Battlefield Monument, erected in 1925. A shorter nature trail offers a moderate hike through the park's chaparral landscape. Currently, this state park is closed to the public for day use, but special events continue to be hosted.

San Pasqual Battlefield SHP spans 50 acres in the San Pasqual Valley. Only 3.68 acres is owned by State Parks and the rest is owned by the City of San Diego. Currently, there is no MOU between the San Pasqual Band and State Parks regarding this property.

Proposed Law:

This bill would:

1. Make legislative findings and declarations regarding the San Pasqual Band of Mission Indians' ancestral lands in the San Pasqual Valley.
2. Require the state to quitclaim, forthwith, at no cost to the tribe, all state interests in the land owned within San Pasqual Battlefield State Park, consisting of three parcels totaling approximately 3.68 acres, and require the state to publish notice once in a San Diego County newspaper and post notice for 10 days at the intersection of the public right-of-way and the property.
3. Place conditions on the quitclaim deed.
4. Require the state, if the City of San Diego agrees to transfer the land it owns within the park to the tribe, to relinquish or transfer at no cost all state rights and interests in those lands held through lease, permit, or otherwise, and to take all other actions necessary to effectuate the city's transfer.
5. Declare that a special statute is necessary because of the unique circumstances surrounding the history of the tribe's ancestral lands and the state's attempt to rectify recognized wrongs.
6. Declare that the act serves public purposes of rectifying the state's recognized wrongs in discriminating against Native Americans, healing the relationship between the state and the tribe, and allowing the tribe to operate a public park educating the public on its history, and therefore does not constitute a gift of public funds.
7. Provide for state reimbursement of any local agency or school district costs the Commission on State Mandates determines are mandated by the state, and provide that no appropriation is made and the state would not reimburse any local agency for property tax revenues lost.

Related Legislation:

AB 2356 (Ramos, 2026) would require DGS to grant Tolowa Dunes State Park to the Tolowa Dee-ni’ Nation.

ACR 155 (Garcia, 2026), among other things, would state the Native Sons of the Golden West and Native Daughters of the Golden West, have acquired, reconstructed, restored, and preserved buildings and sites of statewide historical significance in virtually every county of the state without the use of tax dollars, including San Pasqual Battlefield State Historic Park in the City of Escondido.

AB 971 (Alvarez, 2025) was substantially similar to this bill. AB 971 was held in the Assembly Appropriations Committee.

AB 923 (Ramos, Chapter 475, Statutes of 2022) encourages the state and its agencies to consult on a government-to-government basis with federally recognized tribes and nonfederal recognized tribes as appropriate. Further, requires designated state officials, including the director of each state department, chair and executive officer of each state commission, and the chief counsel of any state agency, to have completed government-to-government consultation training by January 1, 2025 or within six months of appointment.

AB 1284 (Ramos, Chapter 657, Statutes of 2024) encourages CNRA, and its departments, boards, conservancies, and commissions, to enter into cogovernance and comanagement agreements with federally recognized tribes. Authorizes the Secretary of CNRA, or a delegate, to enter into cogovernance and comanagement agreements with federally recognized tribes for the purposes of shared responsibility, decisionmaking, and partnership in resource management and conservation within a tribe’s ancestral lands and waters.

SB 231 (McGuire, Chapter 289, Statutes of 2021) authorizes the Department of Transportation, upon terms, standards, and conditions approved by the California Transportation Commission, to transfer the Blues Beach property located in the unincorporated community of Westport in the County of Mendocino at no cost to a qualified nonprofit corporation, which the bill would define as a nonprofit corporation that is organized by one or more specified California Native American tribes for the purpose of environmental protection.

-- END --

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Josh Becker, Chair

2025 - 2026 Regular

Bill No: AB Hearing Date: July 1, 2026

Subject: State Property: San Pasqual Battlefield State Park

SUMMARY

This bill would require the Department of Parks and Recreation to quitclaim, forthwith, the state-owned land in the San Pasqual Battlefield State Historic Park.

BACKGROUND AND EXISTING LAW

California Native American Tribes. California is home to the largest Native American population in the country and has 110 federally recognized tribes,^[1] with another 81 groups seeking federal recognition.^[2] According to 2020 U.S. Census data, 631,016 Californians identify as “American Indian” or “Alaska Native;” when including the Californians that identify as “American Indian” or “Alaska Native” in combination with another race or ethnicity, the number of Native Americans in California increases to 1.4 million residents.^[3]

Very few Native Americans live on their ancestral lands in California today. This is due to the repeated efforts of Spanish, Mexican, Russian, and U.S. governments to subdue and displace Indigenous peoples: “All four colonial nations sponsored policies that uprooted Indigenous People and communities from the lands in which they were created, and all four deployed violence, in the form of slavery, genocide, and an administrative state bent on eliminating California Indian people.”^[4]

The federal government sent three commissioners to California to negotiate treaties with California tribes in 1851. These commissioners negotiated 18 treaties with 139 tribes that would have set aside approximately 7.5 million acres for Indian use and granted other rights to Native Californians; however, when President Fillmore submitted the treaties to the U.S. Senate for ratification in February 1852, senators from California objected and the U.S. Senate rejected the treaties during a secret session. The U.S. Senate then placed the treaties in its archive, concealing the existence of these treaties from the public for more than 50 years.^[5] In 1903, the federal government sent another Indian agent to California to settle Indians on reserved lands. By that time, however, many tribes no longer lived on their ancestral lands, so small plots of land were established for Indian families. California Native American tribes lost access to land, water, cultural resources, and more as a result of this tragic history.

Lands legally controlled by tribes in California today result from presidential executive order, federal statute, or action by tribes and tribal members themselves to purchase land.

Modern state support for tribal stewardship and access. As of March 2026, the California Natural Resources Agency (CNRA) and its departments, conservancies, and commissions and agencies from across the state have supported, through funding or other opportunities, the return of approximately 103,000 acres of land back to California Native American tribes, with more acres expected to be returned soon. The California Department of Fish and Wildlife and many other CNRA departments are actively developing additional tribal access and collaboration agreements with tribes across California. Examples include:

• Establishment and initial funding of $100 million for the Tribal Nature-Based Solutions Grant Program to support approximately 49,000 acres of land to be returned to California Native American tribes;
• Establishment and initial funding of $29 million for the Tribal Wildfire and Forest Resiliency Grant Program and has already supported 15 tribes’ wildfire resilience and forestry management priorities;
• Establishment and initial funding of $10 million for the Tribal Youth Conservation Corps Grant Program, creating five new programs and providing job training opportunities for tribal youth; and
• Passage of the $10 billion Climate Bond that provides for $75 million in tribal set asides and includes the mandate of 40% of the bond funding to deliver meaningful and direct benefits to vulnerable populations, disadvantaged communities, and severely disadvantaged communities, including California Native American tribes.

Tribal Stewardship Policy. On March 17, 2026, CNRA launched the state’s first Tribal Stewardship Policy (Policy), establishing a statewide goal of expanding tribal stewardship over at least 7.5 million acres of lands and coastal waters in California (the same quantity of property that was never delivered by the state in 1852). The Policy sets clear standards to institutionalize meaningful and durable tribal-state partnerships and advance tribal stewardship through tribal access, collaboration, and ancestral land return. The Policy is supported by a companion toolkit containing training materials, templates, webinars, and technical resources designed for tribes, agency staff, and partners working to advance access, collaboration, and land return. The Policy aims to better support tribes and sustainable tribal partnerships through:

• Durable and consistent access to ancestral lands and coastal waters for cultural use, stewardship, and general visitation;
• Clear recognition of tribes as land and water stewards and decision-making partners;
• Stronger pathways for ancestral land return and long-term ownership;
• Reduced administrative barriers through consistent standards across state agencies;
• Formal recognition of Traditional Ecological Knowledge as essential to land and water management; and
• Practical tools and guidance supporting implementation and partnership building.

Tribal stewardship is defined by each individual tribe through tribal constitutions, laws, resolution, programming priorities, cultural and religious practices, ceremonies, or other measures. Tribal stewardship can include actions to care for and manage specific areas of land, landscapes or watersheds, plant and animal communities, and natural resources for cultural and ecological objectives. The state’s Tribal Stewardship Policy highlights three key pathways to advance meaningful and durable tribal stewardship:

Ancestral Land Return is the return or re-acquisition of property or property rights, and can include ownership of land, water, air, and mineral rights to a California Native American tribe within the tribe’s ancestral territory. Some recent examples include:

• The Washoe Tribe purchased over 10,000 acres from the City of Santa Clara in February 2026 for $6 million dollars, with the support of the Northern Sierra Partnership, the Feather River Land Trust, and a $5.5 million grant from the Wildlife Conservation Board.
• The Hoopa Valley Tribe purchased 10,395 acres in Hupa Mountain to restore healthy forests, increase access to tribal members, create jobs and restoration economy for the Tribe, restore salmon runs and elk populations, and maintain the carbon credits commitments on the property. The Tribe worked closely with The Conservation Fund to fundraise public and private dollars for the purchase of the property. This included philanthropic funders, the California State Coastal Conservancy, and CNRA’s Tribal Nature Based Solutions Grant Program.

Collaboration describes the act of building a relationship between one or more California Native American tribe(s) and one or more non-tribal entities for the stewardship of a defined area, infrastructure, project, species, or natural resource. For example:

• In 2020 the Yurok Tribe signed a Joint Powers Authority agreement with the Department of Parks and Recreation (State Parks) to operate the Stone Lagoon Visitor Center at Humboldt Lagoons State Park in 2020. The Tribe reopened the renovated and renamed Chah-pekw O’ Ket’-toh Visitor Center in 2022. The Tribe has used their authority to share Yurok history and current management of the area with visitors, to conduct cultural events, and to sell concessions honoring Yurok artisans, historians, and storytellers.
• Big Valley Band of Pomo Indians of the Big Valley Rancheria signed a Memoranda of Understanding (MOU) with State Parks to collaboratively manage Clear Lake State Park, which is within the Tribe’s ancestral homelands.

Access means California Native American tribes have access to their ancestral lands and the ability to engage in activities that encourage tribal members to experience, enjoy, use, and be in relation with their ancestral lands, the outdoors and environment, sacred places, ceremonies, tribal cultural resources, and natural resources. For example:

• The Yurok Tribe partnered with State Parks to re-name what was previously called Patrick’s Point State Park to Sue-meg State Park. The name “Sue- meg” has been used by the Yurok people to describe the area where the Park is now located since time immemorial. The name change helps create a more welcoming space by acknowledging historical wrongs and accurately reflecting the Yurok history and cultural use of these lands. The Yurok Tribe formally requested the name change as part of the state’s Reexamining Our Past Initiative in January 2021. The following September, the California State Park and Recreation Commission voted unanimously to approve the name change.

Tribes and State Parks. On September 25, 2020, CNRA, State Parks, and the Department of Transportation jointly announced the Reexamining Our Past Initiative—a statewide effort to survey, evaluate and redress the names of existing state parks (including features within the state parks systems such as trails), monuments and transportation systems with racist or discriminatory roots. The state agencies are working with California Native American tribes, universities, and community partners to address the terms identified.

State Parks is currently in the process of developing tribal land acknowledgements for all 280 state parks through new signage and improved interpretation that will better connect the public with tribal history and contemporary experiences. So far, State Parks has consulted with 80 tribes to develop tribal land acknowledgements to be included in signage at 88 state parks. The 2022–23 state budget included nearly $10 million to develop a plan for this work and to update and better contextualize the history of California Native Americans in existing visitor center and museum exhibits at 24 state parks.

State Parks has entered into 14 MOUs and one Joint Powers Agreements with California Native American tribes for tribal access and collaboration over 89 parks units, covering approximately 939,000 acres of land.

The San Pasqual Band of Mission Indians. According to their website, the ancestors of the San Pasqual Indians lived for thousands of years in the valley carved by the Santa Ysabel Creek near the present site of the San Diego Zoo’s Wild Animal Park. San Pasqual is one of thirteen bands that make up the Kumeyaay Nation in Southern California.  There are four other Kumeyaay bands in Northern Mexico. After the arrival of the Spaniards and the establishment of Mission San Diego de Alcala in 1769, many Kumeyaay either left or were forced out of their ancestral homes. The San Pasqual Band of Mission Indians is a federally recognized tribe that maintains a Reservation covering about 1,380 acres in northeastern San Diego County in Southern California. The Reservation is home to about 800 people, including 450 enrolled tribal members.

San Pasqual Battlefield State Historic Park (SHP). The San Pasqual Battlefield SHP highlights the rich cultural history of the San Pasqual Valley, featuring exhibits on the Kumeyaay people, the region’s Indigenous inhabitants, and commemorates the 1846 Battle of San Pasqual during the Mexican-American War. In recognition of the Kumeyaay ancestry, State Parks is working closely with the San Pasqual Band of Mission Indians to incorporate the robust history, culture, and traditional ecological knowledge of the Kumeyaay people into the park’s visitor center, trails, and programs.  

Visitors can explore the Battlefield Monument Trail, a scenic 1.5-mile route leading to the San Pasqual Battlefield Monument, erected in 1925. A shorter nature trail offers a moderate hike through the park's chaparral landscape. Currently, this state park is closed to the public for day use, but special events continue to be hosted.

San Pasqual Battlefield SHP spans 50 acres in the San Pasqual Valley. Only 3.68 acres is owned by State Parks and the rest is owned by the City of San Diego. Currently, there is no MOU between the San Pasqual Band and State Parks regarding this property.

Existing Law:

1. Establishes the Department of General Services (DGS) within the Government Operations Agency, and requires the director to perform various functions and duties with respect to property within the state, including entering into lease agreements (Government Code §§ 14600 et seq.).
2. Requires that DGS approve every contract for the acquisition of real property by the state, unless exempted by the Legislature (Government Code § 11005).
3. Encourages and authorizes all state agencies to cooperate with federally recognized California Indian tribes on matters of economic development and improvement for the tribes (Government Code § 11019.8).
4. Encourages the State of California and its agencies to consult on a government-to-government basis with federally recognized tribes, and to consult with nonfederally recognized tribes. Requires government-to-government consultation training (Government Code § 11019.81).
5. Encourages CNRA, and its departments, boards, conservancies, and commissions, to enter into cogovernance and comanagement agreements with federally recognized tribes. Permits the Secretary of CNRA or a delegate to enter into cogovernance and comanagement agreements with federally recognized tribes for the purposes of shared responsibility, decisionmaking, and partnership in resource management and conservation within a tribe’s ancestral lands and waters (Government Code § 11019.82).
6. Establishes the California state park system and vests State Parks with control of the state park system and responsibility for administering, protecting, developing, and interpreting state parks for the use and enjoyment of the public [Public Resource Code (PRC) §§ 5001 et seq.).
7. Permits State Parks to lease state park properties if the lease is compatible with state park purposes and lease properties for the extension, improvement or development of the state park system, for fair market value. Requires DGS to appraise the lands approved to be leased (PRC §§ 5003.17, 5006.5, and 5063).
8. Prohibits the commercial exploitation of resources in units of the state park system, with some exceptions (PRC § 5001.65).

PROPOSED LAW

This bill would:

1. Require State Parks to quitclaim, forthwith, all interests of the state in the land owned within the San Pasqual Battlefield State Park, to the San Pasqual Band of Mission Indians, at no cost to the tribe.
2. Place conditions on the quitclaim deed including:
   1. The termination of all agreements, including but not limited to leases, that the state is a counterparty and which concerns the land subject to the quitclaim, upon conveyance to the tribe.
   2. Restricting the San Pasqual Band of Mission Indians’ commercial use of the lands solely to operating a cultural or educational center.
      1. The educational center shall include artifacts, displays, and information relating to the 1846 Battle of San Pasqual, including the role of the Mormon Battalion in that battle and in the Mexican-American War, and the lasting impacts of the battle on surrounding communities.
      2. No other commercial use or development, including, but not limited to, gaming, shall be permitted on the lands.
      3. Authorizes the tribe to operate commercial uses related to the enjoyment of educational and cultural experiences tied to the San Pasqual Band of Mission Indians’ culture and history or related to the San Pasqual Band of Mission Indians’ operation of a cultural or educational center, including, but not limited to, a gift shop, snack bar, parking lot, or other similar use.
   3. Prohibiting the subsequent sale or transfer of these lands and improvements on those lands, except as necessary for the United States to hold the lands in trust on behalf of the San Pasqual Band of Mission Indians.
   4. Prohibiting the encumberance of these lands and improvements on those lands.
      1. “Encumbered” includes, but is not limited to, mortgaging the property, pledging the property as collateral, or any other transaction where the property would serve as security for borrowed funds.
      2. Any lease of the land and improvements shall be consistent with the purposes for which the land and improvements are granted.
   5. Prohibiting these lands from being subject to real property taxation, and establishing that no documentary transfer tax shall apply with respect to any deed, instrument, or writing effectuating the transfer.
   6. Establishing that the grant of lands shall be valid only if the San Pasqual Band of Mission Indians’ Tribal Council adopts a resolution pursuant to its tribal law accepting the fee title grants in accordance with these conditions.
   7. Authorizes public access, subject to reasonable regulations adopted by the San Pasqual Band of Mission Indians, pursuant to its inherent sovereign authority as landowner, provided that public recreation activities shall be limited to existing trails and roads, and that the use of off-road vehicles and e-bicycles shall be prohibited.
3. Encourage the City of San Diego to transfer to the San Pasqual Band of Mission Indians all of the city’s interests in the land the city owns within the San Pasqual Battlefield State Park.
   1. Requires the state, if the City of San Diego agrees to transfer the land that it owns within the San Pasqual Battlefield State Park to the San Pasqual Band of Mission Indians, to, at no cost to the tribe, relinquish or transfer to the San Pasqual Band of Mission Indians all rights and interests that the state has in those lands through lease, permit, or otherwise, and take any and all other actions necessary to effectuate the City of San Diego’s transfer of the land to the San Pasqual Band of Mission Indians.
4. Find and declare that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances surrounding the history of the ancestral lands of the San Pasqual Band of Mission Indians and the state’s attempt rectify the recognized wrongs of the state by returning the land to the San Pasqual Band of Mission Indians.
5. Find and declare that this bill serves a public purpose of attempting to rectify the recognized wrongs of the state in discriminating against Native Americans and to heal the relationship between the state and the San Pasqual Band of Mission Indians, and also serves a public purpose of allowing the San Pasqual Band of Mission Indians to operate a public park to educate the public on the tribe’s history and contributions to the community, and for all of these reasons, does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.

ARGUMENTS IN SUPPORT

According to the author, “AB 2770 is a critical step toward justice for the San Pasqual Band of Mission Indians, whose ancestral lands in the San Pasqual Valley were stripped from them through a legacy of state and federal failures. This bill rectifies a historic wrong by returning state-owned parcels within the San Pasqual Battlefield State Park—land that holds profound cultural and spiritual significance, including a tribal cemetery—to the tribe at no cost. For too long, this park has sat closed and unused, a symbol of erasure rather than education. By transferring these 3.68 acres, we honor the tribe’s unbroken connection to this land and align with California’s commitment to reconciliation with Native communities.

“The San Pasqual Band of Mission Indians envisions a public park that celebrates their history and contributions—a space for healing and learning that benefits all Californians. AB 2770 is not just about land; it’s about seizing this opportunity to turn empty promises into meaningful progress and demonstrate that California’s path forward includes honoring its past.”

ARGUMENTS IN OPPOSITION

None received.

COMMENTS

State Park process for real property dispossession. There is no clear statutory or administrative process for State Parks to sell, grant, or dispose of state park properties. According to State Parks, it is unclear if it has ever removed properties from the state park system. Without clear statutory authority, it is unlikely that State Parks could dispose of any property. The only route by which state park property could be disposed would be to declare the land surplus (see Existing Law #4), although it is unlikely state park property would ever qualify.

Earlier versions of this bill required DGS to quitclaim the park to the tribe, but DGS does not have the authority to transfer land it does not control. The current version of the bill requires State Parks to quitclaim the park, but State Parks cannot transfer land without going through the standard land transfer processes through DGS, whereby DGS ensures the real estate transfer process is sound. Metaphorically, State Parks owns a house, which they want to “sell” to the tribe, and DGS acts as the real estate agent or mortgage broker who facilitates the transfer.

To avoid confusion, the committee may wish to amend the bill to specify that the state shall quitclaim the land, rather than any specific department. [SEE Amendment #1]

Generally, in quitclaim processes for the state, the state is required to provide public notice of the quitclaim in local newspapers and on the property in question. The committee may wish to amend the bill to require similar noticing requirements. [SEE Amendment #1]

Adjacent City-Owned Property. Most of the SHP in question is land owned by the City of San Diego and leased to State Parks to create the SHP.

This land owned by the City is held by their Public Utilities Department (PUD) as assets of the water system to preserve water rights within the San Pasqual Groundwater Basin and Sutherland Reservoir (upstream) and for the protection of water quality within Hodges Reservoir (downstream).

The San Pasqual Valley Basin was listed as a medium priority groundwater basin under the Sustainable Groundwater Management Act (SGMA), requiring the formation of a Groundwater Sustainability Agency (GSA) and preparation of the Groundwater Sustainability Plan (GSP).

The City entered into an agreement with the County of San Diego to form a GSA and the San Pasqual GSP was adopted by governing bodies of the GSA agencies in late 2021 and submitted to the State (the Department of Water Resources, DWR) in January 2022.

The City is currently performing a periodic evaluation of the Groundwater Basin which is due to DWR in January 2027. The City, as part of the GSA, is obligated to ensure sustainable management of the basin as defined by SGMA and the adopted and approved GSP. Annual reporting is also completed to evaluate basin sustainability.

Factors the City monitors in the basin include groundwater storage and levels, water quality, and potential depletions of interconnected surface waters.

The California Constitution sets forth the police power of local governments in Article XI, Section 7: “A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.”

Given this power of local governments to protect the public health, safety, and welfare of its residents – such as preserving water quality – it would be inappropriate for the state to encourage the City of San Diego to transfer their land owned within the State Park to another entity. The Committee may wish to amend this bill to address this potential Constitutional concern. [SEE Amendments ##2 and 3]

Related legislation

AB 2356 (Ramos, 2026) would require DGS to grant Tolowa Dunes State Park to the Tolowa Dee-ni’ Nation. This bill was set to be heard in the Assembly Water, Parks, and Wildlife Committee, but was pulled at the request of the author.

ACR 155 (Garcia, 2026), among other things, would state the Native Sons of the Golden West and Native Daughters of the Golden West, have acquired, reconstructed, restored, and preserved buildings and sites of statewide historical significance in virtually every county of the state without the use of tax dollars, including San Pasqual Battlefield State Historic Park in the City of Escondido. This resolution has not been referred.

AB 971 (Alvarez, 2025) was substantially similar to this bill. AB 971 was held in the Assembly Appropriations Committee.

AB 923 (Ramos, Chapter 475, Statutes of 2022) encourages the state and its agencies to consult on a government-to-government basis with federally recognized tribes and nonfederal recognized tribes as appropriate. Further, requires designated state officials, including the director of each state department, chair and executive officer of each state commission, and the chief counsel of any state agency, to have completed government-to-government consultation training by January 1, 2025 or within six months of appointment.

AB 1284 (Ramos, Chapter 657, Statutes of 2024) encourages CNRA, and its departments, boards, conservancies, and commissions, to enter into cogovernance and comanagement agreements with federally recognized tribes. Authorizes the Secretary of CNRA, or a delegate, to enter into cogovernance and comanagement agreements with federally recognized tribes for the purposes of shared responsibility, decisionmaking, and partnership in resource management and conservation within a tribe’s ancestral lands and waters.

SB 231 (McGuire, Chapter 289, Statutes of 2021) authorizes the Department of Transportation, upon terms, standards, and conditions approved by the California Transportation Commission, to transfer the Blues Beach property located in the unincorporated community of Westport in the County of Mendocino at no cost to a qualified nonprofit corporation, which the bill would define as a nonprofit corporation that is organized by one or more specified California Native American tribes for the purpose of environmental protection.

SUGGESTED AMENDMENTS

AMENDMENT 1

Amend proposed section 14673.14(a) as follows:

14673.14. (a) Notwithstanding Section 11011.1, the state Department of Parks and Recreation shall quitclaim forthwith to the San Pasqual Band of Mission Indians, at no cost to the tribe, all interests of the state in the land owned within the San Pasqual Battlefield State Park, consisting of three parcels of land totaling approximately 3.68 acres. The state shall publish public notice thereof in a newspaper in San Diego County and shall post a notice for ten days at the intersection of the public right of way and the property.

AMENDMENT 2

Amend non-codified findings as follows:

[…]

(b) Therefore, in recognition of the state’s past wrongdoings concerning the “violence, maltreatment and neglect California inflicted on tribes” and in furtherance of its policy to assist tribes “interested in acquiring natural lands in excess of State needs,” the Legislature intends to do both of the following:

(1) Return to the San Pasqual Band of Mission Indians the land the state owns within the San Pasqual Battlefield State Park.

(2) Encourage the City of San Diego to return to the San Pasqual Band of Mission Indians the land the city owns within the San Pasqual Battlefield State Park. Further, to the extent If the City of San Diego agrees to return the land it owns to the San Pasqual Band of Mission Indians, the state intends to transfer or renounce all state interests in the city’s lands in order to effectuate the transfer of land to the San Pasqual Band of Mission Indians.

[…]

AMENDMENT 3

Amend proposed section 14673.14(c) as follows:

(c) (1) The state encourages the City of San Diego to transfer to the San Pasqual Band of Mission Indians all of the city’s interests in the land the city owns within the San Pasqual Battlefield State Park.

(2) If the City of San Diego agrees to transfer the land that it owns within the San Pasqual Battlefield State Park to the San Pasqual Band of Mission Indians, the state shall, at no cost to the tribe, relinquish or transfer to the San Pasqual Band of Mission Indians all rights and interests that the state has in those lands through lease, permit, or otherwise, and take any and all other actions necessary to effectuate the City of San Diego’s transfer of the land to the San Pasqual Band of Mission Indians.

SUPPORT

San Pasqual Band of Mission Indians (sponsor)

OPPOSITION

None received

-- END --

1. U.S. Department of Health and Human Services, Indian Health Service. (2022, Jan 28). List of Federally-Recognized Tribes in CA. https://www.ihs.gov/california/index.cfm/tribal-consultation/resources-for-tribal-leaders/list-of-federally-recognized-tribes-in-ca/. ↑

2. Center for Families, Children & the Courts. (2012, Jan). Frequently Asked Questions: Indian Tribes and Tribal Communities in California. https://www.courts.ca.gov/documents/TribalFAQs.pdf. ↑

3. U.S. Census Bureau. (2020, Aug 12). Race and Ethnicity in the United States: 2010 Census and 2020 Census. https://www.census.gov/library/visualizations/interactive/race-and-ethnicity-in-the-united-state-2010-and-2020-census.html. ↑

4. Akins, D. and Bauer, Jr., W. (2021). We Are the Land: A History of Native California. Oakland: University of California Press, p. 3. ↑

5. U.S. National Park Service. (2004, Nov 17). A History of Native American Indians in California 1849-1879. https://www.nps.gov/parkhistory/online_books/5views/5views1c.htm. ↑

ASSEMBLY THIRD READING

ATR Bill Id:AB 2770

Author:(Alvarez)

As Amended Ver:April 16, 2026

Majority vote

SUMMARY

Requires the Department of General Services (DGS) to quitclaim San Pasqual Battlefield State Historic Park (SPB State Park) to the San Pasqual Band of Mission Indians.

Major Provisions

1) Requires DGS to quitclaim to the Tribe, at no cost to the Tribe, all interests of the state in the land it owns within the SPB State Park, consisting of three parcels of land totaling approximately 3.68 acres, subject to the following conditions:

1. Any agreements, including leases, in which the State of California is a counterparty, and which concern the lands subject to the grant, shall be terminated by operation of law upon the conveyance of lands to the Tribe.
2. The quitclaim deed conveying the lands shall restrict the Tribe's commercial use of the lands solely to operating a cultural or educational center. The Tribe is not prohibited from operating commercial uses related to the enjoyment of educational and cultural experiences tied to the Tribe's culture and history or related to the Tribe's operation of a cultural or educational center, including a gift shop, snack bar, parking lot, or other similar use.

2) States the lands transferred, and improvements on those lands, shall not be subsequently sold or transferred, except as necessary for the United States to hold the lands in trust on behalf of the Tribe; shall not be encumbered; and shall not be subject to any real property taxation and no documentary transfer tax shall apply with respect to any deed, instrument, or writing effectuating that transfer.

3) States the grant of lands shall be valid only if the Tribe's Tribal Council adopts a resolution pursuant to its tribal law accepting the fee title grants in accordance with the conditions set forth in this bill and provides public access shall be subject to reasonable regulations adopted by the Tribe pursuant to its inherent sovereign authority as landowner, provided that public recreation activities are limited to existing trails and roads and the use of off-road vehicles and e-bicycles is prohibited.

4) Provides the state encourages the City of San Diego to transfer to the Tribe all of the city's interests in the land the city owns within the SPB State Park, and requires the state, if the city agrees to transfer the land it owns within the SPB State Park to the Tribe, to, at no cost to the Tribe, relinquish or transfer to the Tribe all rights and interests the state has in those lands through lease, permit, or otherwise, and take any and all other actions necessary to effectuate the city's transfer of the land to the Tribe.

COMMENTS

California is home to the largest Native American population in the country and has 109 federally recognized tribes, with several other groups seeking federal recognition. Very few Native Americans live on their ancestral lands in California today. This is due to the repeated efforts of Spanish, Mexican, Russian, and U.S. governments to subdue and displace Indigenous peoples. For example, the federal government sent three commissioners to California to negotiate treaties with California tribes in 1851. These commissioners negotiated 18 treaties with 139 tribes that would have set aside approximately 7.5 million acres for Indian use and granted other rights to Native Californians; however, when President Fillmore submitted the treaties to the U.S. Senate for ratification in February 1852, senators from California objected and the U.S. Senate rejected the treaties during a secret session. The U.S. Senate then placed the treaties in its archive, concealing the existence of these treaties from the public for more than 50 years.

In contrast, on March 17, 2026, the California Natural Resources Agency (CNRA) launched the state's first Tribal Stewardship Policy, establishing a statewide goal of expanding tribal stewardship over at least 7.5 million acres of lands and coastal waters in California (the same quantity of property that was never delivered by the state in 1852). This policy sets clear standards to institutionalize meaningful and durable tribal-state partnerships and advance tribal stewardship through tribal access, collaboration, and ancestral land return.

CNRA, the California Department of Parks and Recreation (State Parks), and the Department of Transportation jointly announced the Reexamining Our Past Initiative—a statewide effort to survey, evaluate and redress the names of existing state parks (including features within the state parks systems such as trails), monuments and transportation systems with racist or discriminatory roots. The state agencies are working with California Native American tribes, universities, and community partners to address the terms identified. State Parks is currently in the process of developing tribal land acknowledgements for all 280 state parks through new signage and improved interpretation that will better connect the public with tribal history and contemporary experiences. So far, State Parks has consulted with 80 tribes to develop tribal land acknowledgements to be included in signage at 88 state parks. The 2022–23 state budget included nearly $10 million to develop a plan for this work and to update and better contextualize the history of California Native Americans in existing visitor center and museum exhibits at 24 state parks.

State Parks has entered into 14 memoranda of understanding (MOUs) and one joint powers agreement with California Native American tribes for tribal access and collaboration over 89 parks units, covering approximately 939,000 acres of land.

According to their website, the ancestors of the San Pasqual Indians lived for thousands of years in the valley carved by the Santa Ysabel Creek near the present site of the San Diego Zoo's Wild Animal Park. San Pasqual is one of thirteen bands that make up the Kumeyaay Nation in Southern California.  There are four other Kumeyaay bands in Northern Mexico. After the arrival of the Spaniards and the establishment of Mission San Diego de Alcala in 1769, many Kumeyaay either left or were forced out of their ancestral homes. The San Pasqual Band of Mission Indians is a federally recognized tribe that maintains a Reservation covering about 1,380 acres in northeastern San Diego County in Southern California. The Reservation is home to about 800 people, including 450 enrolled tribal members.

SPB State Park highlights the rich cultural history of the San Pasqual Valley, featuring exhibits on the Kumeyaay people, the region's Indigenous inhabitants, and commemorates the 1846 Battle of San Pasqual during the Mexican-American War. In recognition of the Kumeyaay ancestry, State Parks is working closely with the San Pasqual Band of Mission Indians to incorporate the robust history, culture, and traditional ecological knowledge of the Kumeyaay people into the park's visitor center, trails, and programs.  

Visitors can explore the Battlefield Monument Trail, a scenic 1.5-mile route leading to the San Pasqual Battlefield Monument, erected in 1925. A shorter nature trail offers a moderate hike through the park's chaparral landscape. Currently, this State Park is closed to the public for day use, but special events continue to be hosted.

SPB State Park spans 50 acres in the San Pasqual Valley. Only 3.68 acres is owned by State Park and the rest is owned by the City of San Diego. Currently, there is no MOU between the San Pasqual Band and State Parks regarding this property.

There is no clear statutory or administrative process for State Parks to sell, grant, or dispose of state park properties. According to State Parks, it is unclear if it has ever removed properties from the state park system. Without clear statutory authority, it is unlikely that State Parks could dispose of any property. The only route by which state park property could be disposed would be to declare the land surplus, although it is unlikely that state park property would ever qualify.

According to the Author

"[This bill] is a critical step toward justice for the San Pasqual Band of Mission Indians, whose ancestral lands in the San Pasqual Valley were stripped from them through a legacy of state and federal failures. This bill rectifies a historic wrong by returning state-owned parcels within the [SPB State Park]—land that holds profound cultural and spiritual significance, including a tribal cemetery—to the tribe at no cost. By transferring these 3.68 acres, we honor the tribe's unbroken connection to this land and align with California's commitment to reconciliation with Native communities.

The San Pasqual Band of Mission Indians envisions a public park that celebrates their history and contributions—a space for healing and learning that benefits all Californians. [This bill] is not just about land; it's about seizing this opportunity to turn empty promises into meaningful progress and demonstrate that California's path forward includes honoring its past."

Arguments in Support

The Chairman of the San Pasqual Band of Mission Indians writes in support and sponsorship of this bill. The Chairman shares that some of the ancestral homeland of the San Pasqual Band of Mission Indians became property of the state and is now [SPB State Park]. "This state park has not been in operation for many years and remains closed to this day. We believe that this return of ancestral land back to San Pasqual is in line with the Governor's and Legislature's commitment to ensure the protection and well being of California's first people, our cultures, and our land."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee, this bill has the following fiscal impact:

1. State Parks will incur one-time costs [General Fund, State Park and Recreation Fund (SPRF)] to facilitate the property transfer. State Parks expects fee title land conveyance to cost between $100,000 and $200,000, and notes it would work with and reimburse DGS for this work. For its part, DGS anticipates one-time costs of approximately $60,000 to prepare title reports and process the transfer (General Fund). DGS notes it would recover these costs from State Parks. While these estimates differ, the exact cost will likely depend on the details and complexity of the transaction.

State Parks has an existing lease with the San Diego County Archaeological Society and anticipates that termination of the lease will cost the department about $5,000. Additionally, the San Diego Archaeological Center houses some of State Parks' and other entities' collections. State Parks estimates costs of approximately $30,000 for specialized packing and $43,000 for temporary storage of its curatorial collection, with additional significant costs for long-term storage.

State Parks notes the City of San Diego has indicated it is unable to transfer the property it owns – approximately 65 acres, including a majority of the park's facilities – to the Tribe due to utility easement restrictions. The overall cost of effectuating the city's transfer of land is unknown but is likely to include about $5,000 for terminating the state's lease with the city and $38,000 for additional relocation of materials and collections.

1. One-time revenue loss of an unknown amount, potentially in excess of $150,000, to the state by quitclaiming SPB State Park at no cost to the tribe, thus foregoing a future sale of the property by the state (General Fund).

To the extent there is deferred maintenance on the property, requiring the state to quitclaim the park may also result in potential one-time costs and ongoing cost savings of an unknown amount to State Parks, as State Parks may need to undertake maintenance activities prior to the transfer, but would no longer need to continue maintenance afterward.

1. One-time local costs, likely minor, to the City of San Diego to exempt the transferred lands from property taxation. These costs are potentially reimbursable by the state, subject to a determination by the Commission on State Mandates, although it is unlikely the city would submit a claim. And while the bill exempts transferred lands, and improvements on those lands, from real property and documentary transfer taxes, the bill states that the state shall not reimburse any local agency for lost property tax revenue

The Legislative Analyst's Office (LAO) recently warned of General Fund structural deficits of around $35 billion per year in the 2027-28 fiscal year (FY) and ongoing. In February 2024, the LAO projected the SPRF to have an annual gap of approximately $18 million between its estimated revenues and projected expenditures in each of the next few years. This structural deficit would cause SPRF to become insolvent before the end of FY 2029‑30.

VOTES

ASM WATER, PARKS, AND WILDLIFE: 11-0-2

YES: Papan, Jeff Gonzalez, Alanis, Alvarez, Ávila Farías, Bains, Bennett, Boerner, Caloza, Hart, Muratsuchi

ABS, ABST OR NV: Gallagher, Rogers

ASM GOVERNMENTAL ORGANIZATION: 22-0-0

YES: Blanca Rubio, Davies, Alvarez, Berman, Bryan, Carrillo, Dixon, Fong, Gabriel, Gallagher, Gipson, Macedo, McKinnor, Nguyen, Pacheco, Ramos, Michelle Rodriguez, Solache, Soria, Ta, Valencia, Wallis

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Hoover, Aguiar-Curry, Calderon, Caloza, Dixon, Fong, Mark González, Krell, Pacheco, Pellerin, Sharp-Collins, Solache, Ta, Tangipa

UPDATED

VERSION: April 16, 2026

CONSULTANT: Stephanie Mitchell / W., P., & W. / (916) 319-2096 FN: 0002692

Date of Hearing: May 6, 2026

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2770

Author:(Alvarez) – As Amended Ver:April 16, 2026

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill requires the Department of General Services (DGS) to quitclaim to the San Pasqual Band of Mission Indians (Tribe) all interests of the state in the land it owns within the San Pasqual Battlefield State Park (SPB State Park).

Specifically, this bill, among other things:

1) Requires DGS to quitclaim to the Tribe, at no cost to the tribe, all interests of the state in the land it owns within the SPB State Park, consisting of three parcels of land totaling approximately 3.68 acres, subject to the following conditions:

1. Any agreements, including leases, in which the State of California is a counterparty, and which concern the lands subject to the grant, shall be terminated by operation of law upon the conveyance of lands to the Tribe.
2. The quitclaim deed conveying the lands shall restrict the Tribe’s commercial use of the lands solely to operating a cultural or educational center. No other commercial use or development, including gaming, shall be permitted on the lands. The Tribe is not prohibited from operating commercial uses related to the enjoyment of educational and cultural experiences tied to the Tribe’s culture and history or related to the Tribe’s operation of a cultural or educational center, including a gift shop, snack bar, parking lot, or other similar use.

2) States the lands transferred, and improvements on those lands, (a) shall not be subsequently sold or transferred, except as necessary for the United States to hold the lands in trust on behalf of the Tribe; (b) shall not be encumbered, as specified; and (c) shall not be subject to any real property taxation and no documentary transfer tax shall apply with respect to any deed, instrument, or writing effectuating that transfer.

3) States the grant of lands shall be valid only if the Tribe’s Tribal Council adopts a resolution pursuant to its tribal law accepting the fee title grants in accordance with the conditions set forth in this bill and provides public access shall be subject to reasonable regulations adopted by the Tribe pursuant to its inherent sovereign authority as landowner, provided that public recreation activities are limited to existing trails and roads and the use of off-road vehicles and e-bicycles is prohibited.

4) Provides the state encourages the City of San Diego to transfer to the Tribe all of the city’s interests in the land the city owns within the SPB State Park, and requires the state, if the city agrees to transfer the land it owns within the SPB State Park to the Tribe, to, at no cost to the Tribe, relinquish or transfer to the Tribe all rights and interests the state has in those lands through lease, permit, or otherwise, and take any and all other actions necessary to effectuate the city’s transfer of the land to the Tribe.

FISCAL EFFECT:

1) The Department of Parks and Recreation (State Parks) will incur one-time costs (General Fund, State Park and Recreation Fund (SPRF)) to facilitate the property transfer. State Parks expects fee title land conveyance to cost between $100,000 and $200,000, and the department notes it would work with and reimburse DGS for this work. For its part, DGS anticipates one-time costs of approximately $60,000 to prepare title reports and process the transfer (General Fund). DGS notes it would recover these costs from State Parks. While these estimates differ, the exact cost will likely depend on the details and complexity of the transaction.

State Parks has an existing lease with the San Diego County Archaeological Society and anticipates that termination of the lease will cost the department about $5,000. Additionally, the San Diego Archaeological Center houses some of State Parks’ and other entities’ collections. State Parks estimates costs of approximately $30,000 for specialized packing and $43,000 for temporary storage of its curatorial collection, with additional significant costs for long-term storage.

State Parks notes the City of San Diego has indicated it is unable to transfer the property it owns – approximately 65 acres, including a majority of the park’s facilities – to the Tribe due to utility easement restrictions. The overall cost of effectuating the city's transfer of land is unknown but is likely to include about $5,000 for terminating the state’s lease with the city and $38,000 for additional relocation of materials and collections.

2) One-time revenue loss of an unknown amount, potentially in excess of $150,000, to the state by quitclaiming SPB State Park at no cost to the tribe, thus foregoing a future sale of the property by the state (General Fund). At the time this analysis was prepared, the committee did not know the current estimated value of the property.

To the extent there is deferred maintenance on the property, requiring the state to quitclaim the park may also result in potential one-time costs and ongoing cost savings of an unknown amount to State Parks, as State Parks may need to undertake maintenance activities prior to the transfer, but would no longer need to continue maintenance afterward.

3) One-time local costs, likely minor, to the City of San Diego to exempt the transferred lands from property taxation. These costs are potentially reimbursable by the state, subject to a determination by the Commission on State Mandates, although it is unlikely the city would submit a claim. And while the bill exempts transferred lands, and improvements on those lands, from real property and documentary transfer taxes, the bill states that the state shall not reimburse any local agency for lost property tax revenue.

The Legislative Analyst’s Office (LAO) recently warned of General Fund structural deficits of around $35 billion per year in the 2027-28 fiscal year (FY) and ongoing. In February 2024, the LAO projected the SPRF to have an annual gap of approximately $18 million between its estimated revenues and projected expenditures in each of the next few years. This structural deficit would cause SPRF to become insolvent before the end of FY 2029‑30.

COMMENTS:

1) Purpose. According to the author:

This bill is a critical step toward justice for the [Tribe], whose ancestral lands in the San Pasqual Valley were stripped from them through a legacy of state and federal failures. This bill rectifies a historic wrong by returning state-owned parcels within the [SPB State Park] – land that holds profound cultural and spiritual significance, including a tribal cemetery – to the tribe at no cost.

2) Background. San Pasqual Band of Mission Indians. As described by the Chairman of the Tribe, the Tribe’s reservation is in Northern San Diego, and the Tribe’s ancestors lived for thousands of years in the valley carved by the Santa Ysabel Creek, near the present site of the San Diego Zoo’s Wild Animal Park. San Pasqual is one of thirteen bands that make up the Kumeyaay Nation in Southern California. The Tribe writes, “Some of this ancestral homeland that was taken from us eventually became property of the State of California in what is now known as the [SPB State Park.]” The Tribe argues the proposed return of ancestral land back to the Tribe “is in line with the Governor’s and Legislature’s commitment to ensure the protection and wellbeing of California’s first people, our cultures, and our lands.”

SPB State Park. SPB State Park, located in the San Pasqual Valley, includes trails, an outdoor amphitheater, a visitor center, and the San Diego Archeological Center. A small portion of the land in the state park, three parcels totaling approximately 3.68 acres, is owned by the state and the remaining portion is owned by the City of San Diego. State Parks is working with the Tribe to incorporate the history, culture, and traditional ecological knowledge of the Kumeyaay people into the park’s visitor center, trails, and programs. The park has been closed since 2020 due to deferred maintenance and needed repairs to the visitor center; however, the park is open for special events throughout the year, including for events in partnership with the Tribe.

State Support and Tribal Stewardship and Access. In March 2026, the California Natural Resources Agency (CNRA) launched the state’s first-ever Tribal Stewardship Policy, establishing a statewide goal of expanding tribal stewardship over at least 7.5 million acres of lands and coastal waters in California. As of March 2026, CNRA and its departments, conservancies, and commissions and agencies from across the state have supported, through funding or other opportunities, the return of approximately 103,000 acres of land back to California Native American tribes, with more acres to be returned soon. However, to date, State Parks have never quitclaimed state park property to a tribe at no cost to the tribe.

Additionally, State Parks has entered into 15 memoranda of understanding and joint powers agreements with California Native American tribes for tribal access and collaboration over 89 parks units covering approximately 939,000 acres of land. Relatedly, State Parks is in the process of developing tribal land acknowledgements for all 280 state parks through new signage and improved interpretation to connect the public with tribal history and contemporary experiences. The California Department of Fish and Wildlife and other CNRA departments are actively developing additional tribal access and collaboration agreements with tribes across California. CNRA, through its Tribal Nature Based Solutions grant program and Proposition 4 climate bond funding, is seeking applications from tribes for ancestral land return and other tribally led nature-based solutions projects. For additional examples of state efforts and funding to advance tribal stewardship through tribal access, collaboration, and ancestral land return, see the Assembly Water, Parks, and Wildlife Committee’s analysis of this bill.

3) Related Legislation. AB 971 (Alvarez) of the current legislative session is substantially similar to this bill and was held on this committee’s suspense file.

Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081

Date of Hearing: April 22, 2026

ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION

Blanca Rubio, Chair

ABPCA Bill Id:AB 2770 (

Author:Alvarez) – As Amended Ver:April 16, 2026

SUBJECT: State Property: San Pasqual Battlefield State Park.

SUMMARY: Requires the Department of General Services (DGS) to quitclaim to the San Pasqual Band of Mission Indians (Tribe), at no cost to the Tribe, all interests of the state in the land that it owns within the San Pasqual Battlefield State Park, consisting of three parcels of land totaling approximately 3.68 acres, subject to specified conditions. Specifically, this bill:

1) Provides DGS shall quitclaim to the San Pasqual Band of Mission Indians, at no cost to the tribe, all interests of the state in the land that it owns within the San Pasqual Battlefield State Park, consisting of three parcels of land totaling approximately 3.68 acres.

2) Provides the quitclaim to the Tribe is subject to all of the following conditions:

1. Any agreements, including, but not limited to, leases, in which the State of California is a counterparty, and which concern the lands subject to the grant, shall be terminated by operation of law upon the conveyance of the lands, as described, to the San Pasqual Band of Mission Indians.
2. The quitclaim deed conveying the lands shall restrict the San Pasqual Band of Mission Indians’ commercial use of the lands solely to operating a cultural or educational center. No other commercial use or development, including, but not limited to, gaming, shall be permitted on the lands.

3) Provides the Tribe is not prohibited from operating commercial uses related to the enjoyment of educational and cultural experiences tied to the San Pasqual Band of Mission Indians’ culture and history or related to the San Pasqual Band of Mission Indians’ operation of a cultural or educational center, including, but not limited to, a gift shop, snack bar, parking lot, or other similar use.

4) Staes the lands transferred and improvements on those lands, shall not be subsequently sold or transferred, except as necessary for the United States to hold the lands in trust on behalf of the Tribe, in which case that transfer into trust status is not prohibited by this measure.

5) Provides the lands transferred and improvements on those lands, shall not be encumbered. For purposes of this bill, “encumbered” includes, but is not limited to, mortgaging the property, pledging the property as collateral, or any other transaction where the property would serve as security for borrowed funds. Any lease of the land and improvements shall be consistent with the purposes for which the land and improvements are granted.

6) Provides the lands transferred and improvements on those lands, shall not be subject to any real property taxation and no documentary transfer tax shall apply with respect to any deed, instrument, or writing effectuating that transfer.

7) States the grant of lands shall be valid only if the Tribe’s Tribal Council adopts a resolution pursuant to its tribal law accepting the fee title grants in accordance with the conditions set forth in this section.

8) Provides public access shall be subject to reasonable regulations adopted by the Tribe pursuant to its inherent sovereign authority as landowner, provided that public recreation activities shall be limited to existing trails and roads, and that the use of off-road vehicles and e-bicycles shall be prohibited.

9) Provides the state encourages the City of San Diego to transfer to the Tribe all of the city’s interests in the land the city owns within the San Pasqual Battlefield State Park.

10) States if the City of San Diego agrees to transfer the land that it owns within the San Pasqual Battlefield State Park to the Tribe, the state shall, at no cost to the Tribe, relinquish or transfer to the Tribe all rights and interests that the state has in those lands through lease, permit, or otherwise, and take any and all other actions necessary to effectuate the City of San Diego’s transfer of the land to the Tribe

11) Makes legislative findings and declarations.

EXISTING LAW:

1) Establishes DGS, which is under the control of the Director of DGS, within the Government Operations Agency, and requires the director to perform various functions and duties with respect to property within the state, including entering into lease agreements.

2) Authorizes DGS, subject to legislative approval, to sell, lease, exchange, or transfer various specified properties for current market value, upon such other terms and conditions DGS determines are in the best interest of the state.

3) Authorizes DGS, with the consent of the state agency concerned, to let for any period of time any real property or interest in real property that belongs to the state, when DGS deems the letting serves a beneficial public purpose limited to the development of housing, including permanent supportive or traditional housing and emergency shelters or park and recreation facilities. Under this section, DGS is authorized to enter into leases at less than market value provided that the cost of administering the lease is recovered. (Government Code § 14671.2)

4) Requires DGS to create a digitized inventory of all excess state land, create screening tools for prioritizing affordable housing development on excess state land, and issue requests for proposals and select affordable housing developments on excess state land, as described.

5) Establishes criteria for state agencies to use in determining and reporting excess lands. A state agency must report land as surplus that is:

1. Not currently utilized, or is underutilized, for any existing or ongoing programs;
2. Land for which the agency cannot identify a specific utilization relative to future needs;
3. Land not identified by the state agency within its master plan for facility development.

6) Establishes the Government-to-Government Consultation Act, which encourages the state and its agencies to consult on a government-to-government basis with federally and non-federally recognized tribes, as specified, to allow tribal officials the opportunity to provide meaningful and timely input in the development of policies, processes, programs, and projects that have tribal implications. (Government Code §11019.81.)

7) Encourages and authorizes all state agencies to cooperate with federally recognized California Indian tribes on matters of economic development and improvement for the tribes. (Government Code § 11019.8)

8) Establishes a goal of the state to conserve at least 30% of California’s lands and coastal waters by 2030. In implementing this goal, it requires CNRA to prioritize supporting tribal engagement and leadership, among other priorities. (Public Resources Code § 71450 and § 71451, respectively)

FISCAL EFFECT: This bill is keyed fiscal by Legislative Counsel.

COMMENTS:

Purpose of the bill. According to the author,“This bill is a critical step toward justice for the San Pasqual Band of Mission Indians, whose ancestral lands in the San Pasqual Valley were stripped from them through a legacy of state and federal failures. This bill rectifies a historic wrong by returning state-owned parcels within the San Pasqual Battlefield [SHP]—land that holds profound cultural and spiritual significance, including a tribal cemetery—to the tribe at no cost. By transferring these 3.68 acres, we honor the tribe’s unbroken connection to this land and align with California’s commitment to reconciliation with Native communities.

The San Pasqual Band of Mission Indians envisions a public park that celebrates their history and contributions—a space for healing and learning that benefits all Californians. [This bill] is not just about land; it’s about seizing this opportunity to turn empty promises into meaningful progress and demonstrate that California’s path forward includes honoring its past.”

Background.

The San Pasqual Band of Mission Indians is a federally recognized Native American tribe located in northeastern San Diego County, California, near Valley Center. The Tribe is part of the larger Kumeyaay cultural group, which traditionally inhabited the regions of present-day southern California and Baja California, Mexico. The Tribe’s history is deeply connected to the early mission system in California, particularly Mission San Diego de Alcalá, which was established by Spanish settlers in the late 1700s. After the mission system was secularized, many Native peoples, including the Kumeyaay, faced displacement and disruption of their traditional ways of life.

The Tribe’s culture is deeply rooted in Kumeyaay traditions, language, and customs. Historically, they inhabited the mountainous regions, valleys, and deserts of southern California and northern Baja California. Today, the Tribe operates under a tribal government led by elected officials who oversee its affairs, including the management of the reservation, economic development, and social services for tribal members. Their economic initiatives include various businesses and enterprises, with the San Pasqual Casino serving as a vital source of revenue. Beyond economic growth, the Tribe remains dedicated to preserving its cultural heritage, promoting environmental stewardship, and ensuring educational opportunities for future generations.

Like many Native American tribes, the Tribe has faced challenges related to sovereignty, land rights, and environmental concerns. They continue to advocate for the recognition of their rights and work towards improving the quality of life for their people.

According to the legislative findings and declarations in the bill, “The San Pasqual Band of Mission Indian’s ancestral lands are located in the San Pasqual Valley. The Tribe and its people were forcibly and wrongfully removed from those lands due to prior local, state, and federal actions. The Tribe initially owned this land after the Mexican government established a civil pueblo for the Tribe in 1835. The Tribe was the only California tribe with this designation when the United States obtained the territory in 1848. As a result, the Tribe were the lawful owners of the San Pasqual Valley when California became a state.

In 1870, the United States government granted the land to the Tribe as a reservation. However, that reservation was rescinded a year later in 1871. In 1981, the United States Congress passed the Mission Indian Relief Act of 1891 intending to establish a reservation for the Tribe on the lands that it occupied at the time, which were in the fertile San Pasqual Valley, located in Township 12. However, the reservation was sited incorrectly in Township 11, and the Tribe was forcibly removed from the fertile San Pasqual Valley to the rocky, barren land in Township 11, where the reservation is currently located.

Currently, a small portion of the San Pasqual Valley in Township 12 is set aside for the San Pasqual Battlefield State Park. That state park has been closed for years and there is no designated date to reopen it. A small portion of the land in the state park is owned by the state, and the remaining portion is owned by the City of San Diego. The state has interests in the land owned by the City of San Diego by virtue of a lease agreement and permits.”

The author states that “the Tribe wishes to have its ancestral lands returned to it. A tribal cemetery is located within those lands, and the tribe intends to utilize the lands to operate a park open to the public that will celebrate the Tribe’s history and its contributions to the community.”

California Acts to Redress Historical Inequities. California is home to more people of Native American heritage than any other US state, and there are currently 109 federally recognized tribes in the state and several non-federally recognized tribes petitioning for federal recognition through the Bureau of Indian Affairs. These tribes collectively maintain nearly 100 separate reservations or Rancherias across the state. Federally recognized tribes have a unique government-to-government relationship with local, state, and federal entities, and are recognized as sovereign nations. These tribes can create their own laws, governmental structure, and enrollment or membership rules for the land and citizens of their nation.

On June 18, 2019, Governor Newsom issued EO N-15-19 acknowledging and apologizing on behalf of the state for the historical “violence, exploitation, dispossession and the attempted destruction of tribal communities” which dislocated California Native Americans from their ancestral land and sacred practices and establishes the California Truth and Healing Council. The destructive impacts of this forceful separation persist today, and meaningful, reparative action from the state can begin to address these wrongs in an effort to heal its relationship with California Native Americans. In addition, the order reaffirms and incorporates by reference the principles of government-to-government engagement established by EO B-10-11.

Statement of Administration Policy - Native American Ancestral Lands. On September 25, 2020, Governor Newsom issued a Statement of Administration Policy stating that EO N-15-19 reaffirms and incorporates by reference the principles of government-to-government engagement established by EO B-10-11 (“it is the policy of the administration that every state agency and department subject to executive control is to encourage communication and consultation with California Native American tribes”). The State continues to work with California tribes on a government-to-government basis to address issues concerning Native American tribal self-government and tribal trust resources.

The statement further stated, “Consistent with the goals of such EOs, and in the spirit of truth and healing in recognition of past harms done to California Native American communities, it is the policy of this administration to encourage every State agency, department, board and commission subject to my executive control to seek opportunities to support California tribes’ co-management of and access to natural lands that are within a California tribe’s ancestral land and under the ownership or control of the State of California, and to work cooperatively with California tribes that are interested in acquiring natural lands in excess of State needs. Any action taken in accordance with this Policy shall: (i) comply with all applicable laws and regulations, including those governing surplus and excess lands; (ii) occur in consultation with California tribes pursuant to EOs N-15-19 and B-10-11; and (iii) not conflict with the Governor’s stated policy priorities, such as housing and homelessness and climate action.” ^[1]

Other related actions. On October 7, 2020, Governor Newsom issued Executive Order No. N-82-20, which directed the California Natural Resources Agency (CNRA) to collaborate with tribal partners to incorporate tribal expertise and traditional ecological knowledge to better understand our biodiversity and the threats it faces. As a result, CNRA appointed an assistant Secretary for Tribal Affairs to help cultivate and ensure the participation and inclusion of tribal governments and communities within the work of CNRA, supporting the effective integration of these governments’ and communities’ interests in environmental policymaking. The assistant also works to further support and expand the CNRA’s effort to institutionalize tribal consultation practices into its program planning.

In 2024, the Legislature appropriated an additional $10 million for the TNBSP by authorizing SB 867 (Allen), Chapter 83, and Statutes of 2024. These appropriations augmented a separate allocation to the CNRA of $175 million across fiscal years 2022-23 and 2023-24 to support nature-based conservancy solutions generally. As a result, the CNRA has announced nearly $108 million available to fund 33 projects and support the return of approximately 39,000 acres of land to California Native American tribes. In December 2023, the CNRA dispersed the first sum of money through the TNBSP to the Hoopa Valley Tribe, located in northwestern California, to support their purchase of 10,395 acres of forested land on Hupa Mountain.

San Pasqual Battlefield State Park. The San Pasqual Battlefield State Historic Park spans 50 acres just east of the San Diego Zoo Safari Park, located on San Pasqual Valley Road, eight miles east of Escondido along Highway 78. The park highlights the rich cultural history of the San Pasqual Valley, featuring exhibits on the Kumeyaay people, the region’s Indigenous inhabitants, as well as a film about the battle. Recognizing the Kumeyaay ancestral land on which the park sits, California State Parks is collaborating closely with the Tribe to integrate their history, culture, and traditional ecological knowledge into the visitor center, trails, and programs.

Visitors can explore the Battlefield Monument Trail, a scenic 1.5-mile route leading to the San Pasqual Battlefield Monument, erected in 1925. A shorter nature trail offers a moderate hike through the park's chaparral landscape. The San Pasqual Battlefield Volunteer Association brings history to life through reenactments and educational programs, highlighted by the annual Battle Day event, held on the first Sunday of December. Currently, this State Park remains closed to the public.

Double referral. This bill was dual referred to the Assembly Committee on Water, Parks, and Wildlife, which heard and passed this bill (11-0) on April 14, 2026.

In support. The San Pasqual Band of Mission Indians writes, “This bill aims to return ancestral land, currently named the San Pasqual Battlefield State Park and partially managed by the State, back to the Tribe. This state park has not been in operation for many years and remains closed to this day. We believe that this return of ancestral land back to San Pasqual is in line with the Governor’s and Legislature’s commitment to ensure the protection and well-being of California’s first people, our cultures, and our land. AB 2770 will help right this wrong by returning a small portion, less than 5 acres of state-managed land, back to the Tribe.”

Related legislation. AB 1485 (Macedo), Chapter 2, Statutes of 2026. Provided that certain uses of property owned by a federally recognized Indian tribe, or its wholly owned subsidiary, are exempt from taxation, and exempts a "tribal land return transaction" from any documentary transfer tax until January 1, 2031.

Prior legislation. AB 971 (Alvarez) of 2025. This bill would have required the Director of DGS to quitclaim to the San Pasqual Band of Mission Indians all interests of the state in San Pasqual Battlefield State Park. (Assembly Committee on Appropriations – Held on Suspense File)

SB 461 (Padilla), Chapter 759, Statutes of 2025. Authorized the Director of DGS to sell or lease to the City of Imperial, all or any part of the California Highway Patrol El Centro Area office, as specified.

AB 1284 (Ramos), Chapter 657, Statutes of 2024. Encouraged the California Natural Resources Agency and its departments, boards, conservancies, and commissions to enter into cogovernance and comanagement agreements with federally recognized tribes for the purposes of shared responsibility, decision-making, and partnership in resource management and conservation within a tribe’s ancestral lands and waters, as defined.

SB 536 (S. Rubio), Chapter 768, Statutes of 2024. Authorized the Director of DGS to sell or lease property, known as the Department of Corrections and Rehabilitation Heman G. Stark Youth Correctional Facility, located in the City of Chino, in the County of San Bernardino, to the City of Chino at fair market value upon terms and conditions the Director determines are in the best interests of the state.

SB 572 (Smallwood-Cuevas), Chapter 770, Statutes of 2024. Authorized the DGS to sell, upon terms and conditions the director determines are in the best interest of the state, all or any part of approximately 59,200 square feet of property, located at 5401 Crenshaw Boulevard, Los Angeles for purposes of redeveloping the property as an affordable housing or mixed-used housing project.

SB 958 (Dodd), Chapter 988, Statutes of 2024. Authorized the DGS to sell or exchange, at fair market value, the property known as Camp Coombs in the County of Napa to the County of Napa or the Napa County Regional and Open Space District by January 1, 2026, as specified.

SB 1336 (Archuleta), Chapter 473, Statutes of 2024. Authorized the DGS, with the consent of the Department of State Hospitals, to lease to a nonprofit corporation or local government, seven buildings located at Metropolitan State Hospital in the City of Norwalk for the purposes of providing housing or facilities, including adult and youth interim housing.

AB 349 (Ramos), Chapter 325, Statutes of 2023. Authorized the DGS, with the consent of DSH, to lease a building at Patton State Hospital to a nonprofit corporation or local government for purpose of providing services to elderly persons and providing housing to homeless individuals and providing mental health services to those individuals.

AB 518 (Calderon), Chapter 43, Statutes of 2020. Authorized the DGS, until January 1,

2025, to sell the Southern Youth Correctional Reception Center and Clinic to the City of Norwalk at fair market value upon terms and conditions the DGS determines are in the best interest of the state.

AB 653 (Bloom), Chapter 263, Statutes of 2019. Authorized the DGS, with the approval of the Adjutant General, to lease, for a term of 25 years, approximately 1.3 acres of the real property of the real property located at 1300 Federal Avenue, Los Angeles, California, known as the West Los Angeles National Guard Armory to the County of Los Angeles.

AB 1164 (Gloria), Chapter 822, Statutes of 2019. Allowed the Director of the DGS to declare a property known as the San Diego State Building surplus in order to permit its disposal by the DGS.

AB 166 (Gaines), Chapter 211, Statutes of 2015. Authorized the DGS, with the consent of CDCR, to enter into a long-term lease for land on the grounds of the California State Prison at Folsom for a non-state funded peace officers memorial and museum.

REGISTERED SUPPORT / OPPOSITION:

Support

San Pasqual Band of Mission Indians

Tolowa Dee-ni' Nation

Opposition

None on file

Analysis Prepared by: Eric Johnson / G.O. / (916) 319-2531

1. https://www.gov.ca.gov/wp-content/uploads/2020/09/9.25.20-Native-Ancestral-Lands-Policy.pdf ↑

Date of Hearing: April 14, 2026

ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE

Diane Papan, Chair

ABPCA Bill Id:AB 2770 (

Author:Alvarez) – As Amended Ver:April 6, 2026

SUBJECT: State Property: San Pasqual Battlefield State Park

SUMMARY: Requires the Department of General Services (DGS) to quitclaim San Pasqual Battlefield State Historic Park (SHP) to the San Pasqual Band of Mission Indians. Specifically, this bill:

1. Requires DGS to quitclaim to the San Pasqual Band of Mission Indians, at no cost to the tribe, all interests of the state in the land that it owns within the San Pasqual Battlefield SHP, consisting of three parcels of land totaling approximately 3.68 acres, notwithstanding other law.
2. Encourages the City of San Diego to transfer to the San Pasqual Band of Mission Indians all of the city’s interests in the land the city owns within the San Pasqual Battlefield SHP.
3. Requires the state, at no cost to the tribe, to relinquish or transfer to the San Pasqual Band of Mission Indians all rights and interests that the state has in those lands through lease, permit, or otherwise, and take any and all other actions necessary to effectuate the City of San Diego’s transfer of the land to the San Pasqual Band of Mission Indians, if the City of San Diego agrees to transfer the land that it owns within the San Pasqual Battlefield SHP to the San Pasqual Band of Mission Indians.
4. Finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances surrounding the history of the ancestral lands of the San Pasqual Band of Mission Indians and the state’s attempt rectify the recognized wrongs of the state by returning the land to the San Pasqual Band of Mission Indians.
5. Finds and declares that this bill serves a public purpose of attempting to rectify the recognized wrongs of the state in discriminating against Native Americans and to heal the relationship between the state and the San Pasqual Band of Mission Indians, and also serves a public purpose of allowing the San Pasqual Band of Mission Indians to operate a public park to educate the public on the tribe’s history and contributions to the community, and for all of these reasons, does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.

EXISTING LAW:

1. Establishes DGS within the Government Operations Agency, and requires the director to perform various functions and duties with respect to property within the state, including entering into lease agreements (Government Code § 14600 et seq.).
2. Requires that DGS approve every contract for the acquisition of real property by the state, unless exempted by the Legislature (Government Code § 11005).
3. Establishes criteria for state agencies to use in determining and reporting excess lands. A state agency must report land as surplus that is:
   1. Not currently utilized, or is underutilized, for any existing or ongoing programs;
   2. Land for which the agency cannot identify a specific utilization relative to future needs; or
   3. Land not identified by the state agency within its master plan for facility development (Government Code § 11011).
4. Determines that surplus state real property (i.e., any real property declared surplus by the Legislature and directed to be disposed of by DGS) shall be subject to, among others, the following requirements:
   1. Permits DGS to dispose of surplus state real property by sale, lease, exchange, or other manner of disposition of property, as authorized by the Legislature upon any terms and conditions and subject to any reservations and exceptions DGS deems to be in the best interests of the state.
   2. Gives priority to the disposal of surplus state real property to housing for persons and families of low or moderate income, where land is suitable for housing and there is a need for housing in the community. Priority shall next be given to the local agency that intends to use the surplus state real property for open space, public parks, or development of local government-owned facilities.
   3. Requires DGS to transfer the surplus state real property to the local agency offering the highest price above fair market value (i.e., an appraisal and economic evaluation conducted by DGS or approved by DGS), if more than one local agency desires the surplus state real property for use as an open space, a public park, or the development of a local government-owned facility.
   4. Permits the Director of DGS to transfer surplus state real property to a local agency for less than fair market value if the local agency uses the surplus state real property for parks or open-space purposes.
   5. Requires 30 days prior to executing a transaction for a sale, lease, exchange, a sale combined with an exchange, or other manner of disposition of the surplus state real property for less than fair market value or for affordable housing or housing for formerly incarcerated individuals, or as authorized by the Legislature, the director of DGS to report to the chairpersons of the fiscal committees of the Legislature all of the following:
      1. The financial terms of the transaction;
      2. A comparison of fair market value for the surplus state real property and the terms listed in (i); and
      3. The basis for agreeing to terms and conditions other than fair market value.
   6. Requires the director of DGS to except and reserve to the state all mineral deposits and the right to prosect, mine, and remove those deposits, from the sale or exchange of surplus state real property, unless the director of DGS determines there is little or no potential for mineral deposits (Government Code § 11011.1).
5. Encourages and authorizes all state agencies to cooperate with federally recognized California Indian tribes on matters of economic development and improvement for the tribes (Government Code § 11019.8).
6. Encourages the State of California and its agencies to consult on a government-to-government basis with federally recognized tribes, and to consult with nonfederally recognized tribes. Requires government-to-government consultation training (Government Code § 11019.81).
7. Encourages the Natural Resources Agency (CNRA), and its departments, boards, conservancies, and commissions, to enter into cogovernance and comanagement agreements with federally recognized tribes. Permits the Secretary of CNRA or a delegate to enter into cogovernance and comanagement agreements with federally recognized tribes for the purposes of shared responsibility, decisionmaking, and partnership in resource management and conservation within a tribe’s ancestral lands and waters (Government Code § 11019.82).
8. Establishes the California state park system and vests the Department of Parks and Recreation (State Parks) with control of the state park system and responsibility for administering, protecting, developing, and interpreting state parks for the use and enjoyment of the public [Public Resource Code (PRC) § 5001 et seq.].
9. Provides that State Parks, with the consent of the Department of Finance, may acquire the title to or any interest in real property that State Parks deems necessary or proper for the extension, improvement, or development of the state park system. All real and personal property acquired by State Parks for the state park system shall be under the jurisdiction of State Parks immediately upon transfer of title to the state (PRC § 5006).
10. Permits State Parks to lease state park properties if the lease is compatible with state park purposes and lease properties for the extension, improvement or development of the state park system, for fair market value. Requires DGS to appraise the lands approved to be leased (PRC §§ 5003.17, 5006.5, and 5063).
11. Prohibits the commercial exploitation of resources in units of the state park system, with some exceptions (PRC § 5001.65).
12. Requires that any net proceeds of any sale made on behalf of State Parks pursuant to Government Code § 11011 of any real property originally acquired for state park purposes, regardless of whether that real property is under the jurisdiction of State Parks, shall be deposited in the fund which was the original source for the acquisition of the property and shall be available for appropriation for the further extension, improvement, or development of the state park system (PRC § 5003.15)

FISCAL EFFECT: Unknown. This bill is keyed fiscal.

COMMENTS:

1. Purpose of this bill. According to the author:

“[This bill] is a critical step toward justice for the San Pasqual Band of Mission Indians, whose ancestral lands in the San Pasqual Valley were stripped from them through a legacy of state and federal failures. This bill rectifies a historic wrong by returning state-owned parcels within the San Pasqual Battlefield [SHP]—land that holds profound cultural and spiritual significance, including a tribal cemetery—to the tribe at no cost. By transferring these 3.68 acres, we honor the tribe’s unbroken connection to this land and align with California’s commitment to reconciliation with Native communities.

The San Pasqual Band of Mission Indians envisions a public park that celebrates their history and contributions—a space for healing and learning that benefits all Californians. [This bill] is not just about land; it’s about seizing this opportunity to turn empty promises into meaningful progress and demonstrate that California’s path forward includes honoring its past.”

1. Background. California is home to the largest Native American population in the country and has 110 federally recognized tribes,^[1] with another 81 groups seeking federal recognition.^[2] According to 2020 U.S. Census data, 631,016 Californians identify as “American Indian” or “Alaska Native”; when including the Californians that identify as “American Indian” or “Alaska Native” in combination with another race or ethnicity, the number of Native Americans in California increases to 1.4 million residents.^[3]
   
   Very few Native Americans live on their ancestral lands in California today. This is due to the repeated efforts of Spanish, Mexican, Russian, and U.S. governments to subdue and displace Indigenous peoples: “All four colonial nations sponsored policies that uprooted Indigenous People and communities from the lands in which they were created, and all four deployed violence, in the form of slavery, genocide, and an administrative state bent on eliminating California Indian people.”^[4]
   
   The federal government sent three commissioners to California to negotiate treaties with California tribes in 1851. These commissioners negotiated 18 treaties with 139 tribes that would have set aside approximately 7.5 million acres for Indian use and granted other rights to Native Californians; however, when President Fillmore submitted the treaties to the U.S. Senate for ratification in February 1852, senators from California objected and the U.S. Senate rejected the treaties during a secret session. The U.S. Senate then placed the treaties in its archive, concealing the existence of these treaties from the public for more than 50 years.^[5] In 1903, the federal government sent another Indian agent to California to settle Indians on reserved lands. By that time, however, many tribes no longer lived on their ancestral lands, so small plots of land were established for Indian families. California Native American tribes lost access to land, water, cultural resources, and more as a result of this tragic history.
   
   Lands legally controlled by tribes in California today result from presidential executive order, federal statute, or action by tribes and tribal members themselves to purchase land.

Modern state support for tribal stewardship and access. As of March 2026, CNRA and its departments, conservancies, and commissions and agencies from across the state have supported, through funding or other opportunities, the return of approximately 103,000 acres of land back to California Native American tribes, with more acres expected to be returned soon. The California Department of Fish and Wildlife and many other CNRA departments are actively developing additional tribal access and collaboration agreements with tribes across California. Examples include:

• Establishment and initial funding of $100 million for the Tribal Nature-Based Solutions Grant Program to support approximately 49,000 acres of land to be returned to California Native American tribes;
• Establishment and initial funding of $29 million for the Tribal Wildfire and Forest Resiliency Grant Program and has already supported 15 tribes’ wildfire resilience and forestry management priorities;
• Establishment and initial funding of $10 million for the Tribal Youth Conservation Corps Grant Program, creating five new programs and providing job training opportunities for tribal youth; and
• Passage of the $10 billion Climate Bond that provides for $75 million in tribal set asides and includes the mandate of 40% of the bond funding to deliver meaningful and direct benefits to vulnerable populations, disadvantaged communities, and severely disadvantaged communities, including California Native American tribes.

Tribal Stewardship Policy. On March 17, 2026, CNRA launched the state’s first Tribal Stewardship Policy (Policy), establishing a statewide goal of expanding tribal stewardship over at least 7.5 million acres of lands and coastal waters in California (the same quantity of property that was never delivered by the state in 1852). The Policy sets clear standards to institutionalize meaningful and durable tribal-state partnerships and advance tribal stewardship through tribal access, collaboration, and ancestral land return. The Policy is supported by a companion toolkit containing training materials, templates, webinars, and technical resources designed for tribes, agency staff, and partners working to advance access, collaboration, and land return. The Policy aims to better support tribes and sustainable tribal partnerships through:

• Durable and consistent access to ancestral lands and coastal waters for cultural use, stewardship, and general visitation;
• Clear recognition of tribes as land and water stewards and decision-making partners;
• Stronger pathways for ancestral land return and long-term ownership;
• Reduced administrative barriers through consistent standards across state agencies;
• Formal recognition of Traditional Ecological Knowledge as essential to land and water management; and
• Practical tools and guidance supporting implementation and partnership building.

Tribal stewardship is defined by each individual tribe through tribal constitutions, laws, resolution, programming priorities, cultural and religious practices, ceremonies, or other measures. Tribal stewardship can include actions to care for and manage specific areas of land, landscapes or watersheds, plant and animal communities, and natural resources for cultural and ecological objectives. The state’s Tribal Stewardship Policy highlights three key pathways to advance meaningful and durable tribal stewardship:

Ancestral Land Return is the return or re-acquisition of property or property rights, and can include ownership of land, water, air, and mineral rights to a California Native American tribe within the tribe’s ancestral territory. Some recent examples include:

• The Washoe Tribe purchased over 10,000 acres from the City of Santa Clara in February 2026 for $6 million dollars, with the support of the Northern Sierra Partnership, the Feather River Land Trust, and a $5.5 million grant from the Wildlife Conservation Board.
• The Hoopa Valley Tribe purchased 10,395 acres in Hupa Mountain to restore healthy forests, increase access to tribal members, create jobs and restoration economy for the Tribe, restore salmon runs and elk populations, and maintain the carbon credits commitments on the property. The Tribe worked closely with The Conservation Fund to fundraise public and private dollars for the purchase of the property. This included philanthropic funders, the California State Coastal Conservancy, and CNRA’s Tribal Nature Based Solutions Grant Program.

Collaboration describes the act of building a relationship between one or more California Native American tribe(s) and one or more non-tribal entities for the stewardship of a defined area, infrastructure, project, species, or natural resource. For example:

• In 2020 The Yurok Tribe signed a Joint Powers Authority agreement with California State Parks to operate the Stone Lagoon Visitor Center at Humboldt Lagoons State Park in 2020. The Tribe reopened the renovated and renamed Chah-pekw O’ Ket’-toh Visitor Center in 2022. The Tribe has used their authority to share Yurok history and current management of the area with visitors, to conduct cultural events, and to sell concessions honoring Yurok artisans, historians, and storytellers.
• Big Valley Band of Pomo Indians of the Big Valley Rancheria signed a MOU with California State Parks to collaboratively manage Clear Lake State Park, which is within the Tribe’s ancestral homelands.

Access means California Native American tribes have access to their ancestral lands and the ability to engage in activities that encourage tribal members to experience, enjoy, use, and be in relation with their ancestral lands, the outdoors and environment, sacred places, ceremonies, tribal cultural resources, and natural resources. For example:

• The Yurok Tribe partnered with California State Parks to re-name what was previously called Patrick’s Point State Park to Sue-meg State Park. The name “Sue- meg” has been used by the Yurok people to describe the area where the Park is now located since time immemorial. The name change helps create a more welcoming space by acknowledging historical wrongs and accurately reflecting the Yurok history and cultural of these lands. The Yurok Tribe formally requested the name change as part of the state’s Reexamining Our Past Initiative in January 2021. The following September, the California State Park and Recreation Commission voted unanimously to approve the name change.

Tribes and State Parks. On September 25, 2020, CNRA, State Parks, and the Department of Transportation jointly announced the Reexamining Our Past Initiative—a statewide effort to survey, evaluate and redress the names of existing state parks (including features within the state parks systems such as trails), monuments and transportation systems with racist or discriminatory roots. The state agencies are working with California Native American tribes, universities, and community partners to address the terms identified.

State Parks is currently in the process of developing tribal land acknowledgements for all 280 state parks through new signage and improved interpretation that will better connect the public with tribal history and contemporary experiences. So far, State Parks has consulted with 80 tribes to develop tribal land acknowledgements to be included in signage at 88 state parks. The 2022–23 state budget included nearly $10 million to develop a plan for this work and to update and better contextualize the history of California Native Americans in existing visitor center and museum exhibits at 24 state parks.

State Parks has entered into 14 Memoranda of Understanding (MOUs) and one Joint Powers Agreements with California Native American tribes for tribal access and collaboration over 89 parks units, covering approximately 939,000 acres of land.

The San Pasqual Band of Mission Indians. According to their website, the ancestors of the San Pasqual Indians lived for thousands of years in the valley carved by the Santa Ysabel Creek near the present site of the San Diego Zoo’s Wild Animal Park. San Pasqual is one of thirteen bands that make up the Kumeyaay Nation in Southern California.  There are four other Kumeyaay bands in Northern Mexico. After the arrival of the Spaniards and the establishment of Mission San Diego de Alcala in 1769, many Kumeyaay either left or were forced out of their ancestral homes. The San Pasqual Band of Mission Indians is a federally recognized tribe that maintains a Reservation covering about 1,380 acres in northeastern San Diego County in Southern California. The Reservation is home to about 800 people, including 450 enrolled tribal members.

San Pasqual Battlefield SHP. The San Pasqual Battlefield State Historic Park highlights the rich cultural history of the San Pasqual Valley, featuring exhibits on the Kumeyaay people, the region’s Indigenous inhabitants, and commemorates the 1846 Battle of San Pasqual during the Mexican-American War. In recognition of the Kumeyaay ancestry, State Parks is working closely with the San Pasqual Band of Mission Indians to incorporate the robust history, culture, and traditional ecological knowledge of the Kumeyaay people into the park’s visitor center, trails, and programs.  

Visitors can explore the Battlefield Monument Trail, a scenic 1.5-mile route leading to the San Pasqual Battlefield Monument, erected in 1925. A shorter nature trail offers a moderate hike through the park's chaparral landscape. Currently, this State Park is closed to the public for day use, but special events continue to be hosted.

San Pasqual Battlefield State Historic Park spans 50 acres in the San Pasqual Valley. Only 3.68 acres is owned by State Park and the rest is owned by the City of San Diego. Currently, there is no MOU between the San Pasqual Band and State Parks regarding this property.

State Park process for real property dispossession. There is no clear statutory or administrative process for State Parks to sell, grant, or dispose of state park properties. According to State Parks, it is unclear if it has ever removed properties from the state park system. Without clear statutory authority, it is unlikely that State Parks could dispose of any property. The only route by which state park property could be disposed would be to declare the land surplus (see Existing Law #4), although it is unlikely state park property would ever qualify.

1. Proposed committee amendments. The Committee may wish the author to incorporate the following amendments into this bill to clarify allowed and prohibited uses of the parcels.

Add an additional subdivision to this bill:

(b) The grant to the San Pasqual Band of Mission Indians pursuant to subdivision (a) is subject to all of the following conditions:

(1) Any agreements, including, but not limited to, leases, in which the State of California is a counterparty, and which concern the lands subject to the grant, shall be terminated by operation of law upon the conveyance of the lands pursuant to subdivision (a) to the San Pasqual Band of Mission Indians.

(2) The deed conveying the lands pursuant to subdivision (a) shall restrict the San Pasqual Band of Mission Indians’ commercial use of the lands solely to operating a cultural or educational center. No other commercial use or development, including, but not limited to, gaming, shall be permitted on the lands.  Notwithstanding the preceding sentence, nothing herein shall prevent the San Pasqual Band of Mission Indians from operating commercial uses related to the enjoyment of educational and cultural experiences tied to the San Pasqual Band of Mission Indians’ culture and history or related to the San Pasqual Band of Mission Indians’ operation of a cultural or educational center, including, but not limited to, a gift shop, snack bar, parking lot, or other similar uses.

(3) The lands transferred pursuant to subdivision (a), and improvements on those lands, shall not be subsequently sold or transferred, except as necessary for the United States to hold the lands in trust on behalf of the San Pasqual Band of Mission Indians, in which case that transfer into trust status is not prohibited by this section.

(4) The lands transferred pursuant to subdivision (a), and improvements on those lands, shall not be encumbered. For purposes of this paragraph, “encumbered” includes, but is not limited to, mortgaging the property, pledging the property as collateral, or any other transaction where the property would serve as security for borrowed funds. Any lease of the land and improvements shall be consistent with the purposes for which the land and improvements are granted.

(5) The lands transferred pursuant to subdivision (a), and improvements on those lands, shall not be subject to any real property taxation and no documentary transfer tax shall apply with respect to any deed, instrument, or writing effectuating that transfer.

(6) The grant of lands pursuant to subdivision (a) shall be valid only if the San Pasqual Band of Mission Indians’ Tribal Council adopts a resolution pursuant to its tribal law accepting the fee title grants in accordance with the conditions set forth in this section.

(7) Public access shall be subject to reasonable regulations adopted by the San Pasqual Band of Mission Indians pursuant to its inherent sovereign authority as landowner, provided that public recreation activities shall be limited to existing trails and roads, and that the use of off-road vehicles and e-bicycles shall be prohibited.

1. Arguments in support. The Chairman of the San Pasqual Band of Mission Indians writes in support and sponsorship of this bill. The Chairman shares the some of the ancestral homeland of the San Pasqual Band of Mission Indians became property of the state and is now the San Pasqual Battlefield State Historic Park. “This state park has not been in operation for many years and remains closed to this day. We believe that this return of ancestral land back to San Pasqual is in line with the Governor’s and Legislature’s commitment to ensure the protection and well being of California’s first people, our cultures, and our land.”
2. Double referral. This bill is also referred to the Assembly Governmental Organization Committee.
3. Related legislation. AB 2356 (Ramos) of the current legislative session requires DGS to grant Tolowa Dunes State Park to the Tolowa Dee-ni’ Nation. AB 2356 is pending in this Committee.

AB 971 (Alvarez) of 2025, was substantially similar to this bill. AB 971 was held in the Assembly Appropriations Committee.

AB 923 (Ramos), Chapter 475, Statutes of 2022, encourages the state and its agencies to consult on a government-to-government basis with federally recognized tribes and nonfederal recognized tribes as appropriate. Further, requires designated state officials, including the director of each state department, chair and executive officer of each state commission, and the chief counsel of any state agency, to have completed government-to-government consultation training by January 1, 2025 or within six months of appointment.

AB 1284 (Ramos), Chapter 657, Statutes of 2024. encourages CNRA, and its departments, boards, conservancies, and commissions, to enter into cogovernance and comanagement agreements with federally recognized tribes. Authorizes the Secretary of CNRA, or a delegate, to enter into cogovernance and comanagement agreements with federally recognized tribes for the purposes of shared responsibility, decisionmaking, and partnership in resource management and conservation within a tribe’s ancestral lands and waters.

SB 231 (McGuire), Chapter 289, Statutes of 2021, authorizes the Department of Transportation, upon terms, standards, and conditions approved by the California Transportation Commission, to transfer the Blues Beach property located in the unincorporated community of Westport in the County of Mendocino at no cost to a qualified nonprofit corporation, which the bill would define as a nonprofit corporation that is organized by one or more specified California Native American tribes for the purpose of environmental protection.

ACR 155 (Garcia) of the current legislative session, among other things, states the Native Sons of the Golden West and Native Daughters of the Golden West, have acquired, reconstructed, restored, and preserved buildings and sites of statewide historical significance in virtually every county of the state without the use of tax dollars, including San Pasqual Battlefield State Historic Park in the City of Escondido.

REGISTERED SUPPORT / OPPOSITION:

Support

San Pasqual Band of Mission Indians (Sponsor)
Tolowa Dee-ni' Nation

Opposition

None on file

Analysis Prepared by: Stephanie Mitchell / W., P., & W. / (916) 319-2096

1. U.S. Department of Health and Human Services, Indian Health Service. (2022, Jan 28). List of Federally-Recognized Tribes in CA. https://www.ihs.gov/california/index.cfm/tribal-consultation/resources-for-tribal-leaders/list-of-federally-recognized-tribes-in-ca/. ↑

2. Center for Families, Children & the Courts. (2012, Jan). Frequently Asked Questions: Indian Tribes and Tribal Communities in California. https://www.courts.ca.gov/documents/TribalFAQs.pdf. ↑

3. U.S. Census Bureau. (2020, Aug 12). Race and Ethnicity in the United States: 2010 Census and 2020 Census. https://www.census.gov/library/visualizations/interactive/race-and-ethnicity-in-the-united-state-2010-and-2020-census.html. ↑

4. Akins, D. and Bauer, Jr., W. (2021). We Are the Land: A History of Native California. Oakland: University of California Press, p. 3. ↑

5. U.S. National Park Service. (2004, Nov 17). A History of Native American Indians in California 1849-1879. https://www.nps.gov/parkhistory/online_books/5views/5views1c.htm. ↑