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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3193 Enrolled Bill (ENR)]

        S.3193

                      One Hundred Twelfth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
            the third day of January, two thousand and twelve

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
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:
    ``(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.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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