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: 
S. 3193—2 

‘‘(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) SW1⁄4 SW1⁄4, excepting the north 475 feet; 

‘‘(B) W1⁄2 SE1⁄4 SW1⁄4, excepting the north 475 feet; 

‘‘(C) E1⁄2 SE1⁄4 SW1⁄4, excepting the north 350 feet; 

and 

‘‘(D) the portion of W1⁄2 SE1⁄4 that lies southwesterly 

of the following line: Beginning at the intersection of the 

southerly line of said SE1⁄4 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 SE1⁄4. 

‘‘(2) The approximately 17.02 acres located in Section 28 

and described as NW1⁄4 NW1⁄4, 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, nonIndian 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.