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[112th Congress Public Law 232]
[From the U.S. Government Printing Office]

[[Page 126 STAT. 1621]]

Public Law 112-232
112th Congress

                                 An Act

 
 To make technical corrections to the legal description of certain land 
  to be held in trust for the Barona Band of Mission Indians, and for 
          other purposes. <<NOTE: Dec. 28, 2012 -  [S. 3193]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Barona Band of 
Mission Indians Land Transfer Clarification Act of 2012.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Barona Band of Mission Indians Land 
Transfer Clarification Act of 2012''.
SEC. 2. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the legal description of land previously taken into 
        trust by the United States for the benefit of the Barona Band of 
        Mission Indians may be interpreted to refer to private, 
        nontribal land;
            (2) there is a continued, unresolved disagreement between 
        the Barona Band of Mission Indians and certain off-reservation 
        property owners relating to the causes of diminishing native 
        groundwater;
            (3) Congress expresses no opinion, nor should an opinion of 
        Congress be inferred, relating to the disagreement described in 
        paragraph (2); and
            (4) it is the intent of Congress that, if the land described 
        in section 121(b) of the Native American Technical Corrections 
        Act of 2004 (118 Stat. 544) (as amended by section 3) is used to 
        bring water to the Barona Indian Reservation, the effort is 
        authorized only if the effort also addresses water availability 
        for neighboring off-reservation land located along Old Barona 
        Road that is occupied as of the date of enactment of this Act by 
        providing guaranteed access to that water supply at a mutually 
        agreeable site on the southwest boundary of the Barona Indian 
        Reservation.

    (b) Purposes.--The purposes of this Act are--
            (1) to clarify the legal description of the land placed into 
        trust for the Barona Band of Mission Indians in 2004; and
            (2) to remove all doubt relating to the specific parcels of 
        land that Congress has placed into trust for the Barona Band of 
        Mission Indians.
SEC. 3. LAND TRANSFER.

    Section 121 of the Native American Technical Corrections Act of 2004 
(Public Law 108-204; 118 Stat. 544) is amended--
            (1) by striking subsection (b) and inserting the following:

[[Page 126 STAT. 1622]]

    ``(b) Description of Land.--The land referred to in subsection (a) 
is land comprising approximately 86.87 acres in T. 14 S., R. 1 E., San 
Bernardino Meridian, San Diego County, California, and described more 
particularly as follows:
            ``(1) The approximately 69.85 acres located in Section 21 
        and described as--
                    ``(A) SW\1/4\ SW\1/4\, excepting the north 475 feet;
                    ``(B) W\1/2\ SE\1/4\ SW\1/4\, excepting the north 
                475 feet;
                    ``(C) E\1/2\ SE\1/4\ SW\1/4\, excepting the north 
                350 feet; and
                    ``(D) the portion of W\1/2\ SE\1/4\ that lies 
                southwesterly of the following line: Beginning at the 
                intersection of the southerly line of said SE\1/4\ of 
                Section 21 with the westerly boundary of Rancho Canada 
                De San Vicente Y Mesa Del Padre Barona as shown on 
                United States Government Resurvey approved January 21, 
                1939, and thence northwesterly along said boundary to an 
                intersection with the westerly line of said SE\1/4\.
            ``(2) The approximately 17.02 acres located in Section 28 
        and described as NW\1/4\ NW\1/4\, excepting the east 750 
        feet.''; and
            (2) by adding at the end the following:

    ``(d) Clarifications.--
            ``(1) Effect on section.--The provisions of subsection (c) 
        shall apply to the land described in subsection (b), as in 
        effect on the day after the date of enactment of the Barona Band 
        of Mission Indians Land Transfer Clarification Act of 2012.
            ``(2) Effect on private land.--The parcel of private, non-
        Indian land referenced in subsection (a) and described in 
        subsection (b), as in effect on the day before the date of 
        enactment of the Barona Band of Mission Indians Land Transfer 
        Clarification Act of 2012, but excluded from the revised 
        description of the land in subsection (b) was not intended to 
        be--
                    ``(A) held in trust by the United States for the 
                benefit of the Band; or
                    ``(B) considered to be a part of the reservation of 
                the Band.''.

    Approved December 28, 2012.

LEGISLATIVE HISTORY--S. 3193:
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HOUSE REPORTS: No. 112-702 (Comm. on Natural Resources).
SENATE REPORTS: No. 112-207 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 158 (2012):
            Sept. 21, considered and passed Senate.
            Dec. 17, considered and passed House.

                                  <all>
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