II 

112TH CONGRESS 

2D SESSION S. 3193 

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. 

IN THE SENATE OF THE UNITED STATES 

MAY 16, 2012 

Mrs. FEINSTEIN (for herself, Mr. AKAKA, and Mrs. BOXER) introduced the 

following bill; which was read twice and referred to the Committee on Indian Affairs 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Barona Band of Mis5 sion Indians Land Transfer Clarification Act of 2012’’. 

6 SEC. 2. FINDINGS; PURPOSES. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) the legal description of land previously 

9 taken into trust by the United States for the benefit 


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1 of the Barona Band of Mission Indians may be in2 terpreted to refer to private, nontribal land; 

3 (2) there is a continued, unresolved disagree4 ment between the Barona Band of Mission Indians 

5 and certain off-reservation property owners relating 

6 to the causes of diminishing native groundwater; 

7 (3) Congress expresses no opinion, nor should 

8 an opinion of Congress be inferred, relating to the 

9 disagreement described in paragraph (2); and 

10 (4) it is the intent of Congress that, if the land 

11 described in section 121(b) of the Native American 

12 Technical Corrections Act of 2004 (118 Stat. 544) 

13 (as amended by section 3) is used to bring water to 

14 the Barona Indian Reservation, the effort is author15 ized only if the effort also addresses water avail16 ability for neighboring off-reservation land located 

17 along Old Barona Road that is occupied as of the 

18 date of enactment of this Act by providing guaran19 teed access to that water supply at a mutually agree20 able site on the southwest boundary of the Barona 

21 Indian Reservation. 

22 (b) PURPOSES.—The purposes of this Act are— 

23 (1) to clarify the legal description of the land 

24 placed into trust for the Barona Band of Mission In25 dians in 2004; and 


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1 (2) to remove all doubt relating to the specific 

2 parcels of land that Congress has placed into trust 

3 for the Barona Band of Mission Indians. 

4 SEC. 3. LAND TRANSFER. 

5 Section 121 of the Native American Technical Cor6 rections Act of 2004 (Public Law 108–204; 118 Stat. 

7 544) is amended— 

8 (1) by striking subsection (b) and inserting the 

9 following: 

10 ‘‘(b) DESCRIPTION OF LAND.—The land referred to 

11 in subsection (a) is land comprising approximately 86.87 

12 acres in San Diego County, California, and described more 

13 particularly as follows: T. 14 S., R. 1 E. San Bernardino 

Meridian; Section 21, SW1⁄4 SW1 14 ⁄4, excepting the north 

475 ft.; W1⁄2 SE1⁄4 SW1 15 ⁄4, excepting the north 475 ft.; 

E1⁄2 SE1⁄4 SW1 16 ⁄4, excepting the north 350 ft.; Together 

with that portion W1⁄2 SE1 17 ⁄4, lying southwesterly of the 

18 following line: Beginning at the intersection of the southerly line of said SE1 19 ⁄4 Section 21 with the westerly bound20 ary of Rancho Canada De San Vicente Y Mesa Del Padre 

21 Barona as shown on United States Government Resurvey 

22 approved January 21, 1939; thence northwesterly along 

23 said boundary to an intersection with the westerly line of 

said SE1 24 ⁄4; containing 68.75 acres more or less; Section 


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28, NW1⁄4 NW1 1 ⁄4, excepting the east 750 ft.; containing 

2 17.02 acres more or less.’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(d) CLARIFICATIONS.— 

5 ‘‘(1) EFFECT ON SECTION.—The provisions of 

6 subsection (c) shall apply to the land described in 

7 subsection (b), as in effect on the day after the date 

8 of enactment of the Barona Band of Mission Indians 

9 Land Transfer Clarification Act of 2012. 

10 ‘‘(2) EFFECT ON PRIVATE LAND.—The parcel 

11 of private, non-Indian land referenced in subsection 

12 (a) and described in subsection (b), as in effect on 

13 the day before the date of enactment of the Barona 

14 Band of Mission Indians Land Transfer Clarifica15 tion Act of 2012, but excluded from the revised de16 scription of the land in subsection (b) was not in17 tended to be— 

18 ‘‘(A) held in trust by the United States for 

19 the benefit of the Band; or 

20 ‘‘(B) considered to be a part of the res21 ervation of the Band.’’. 

Æ 


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