I 

112TH CONGRESS 

2D SESSION S. 3193 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 25, 2012 

Referred to the Committee on Natural Resources 

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. 

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

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Barona Band of Mis3 sion Indians Land Transfer Clarification Act of 2012’’. 

4 SEC. 2. FINDINGS; PURPOSES. 

5 (a) FINDINGS.—Congress finds that— 

6 (1) the legal description of land previously 

7 taken into trust by the United States for the benefit 

8 of the Barona Band of Mission Indians may be in9 terpreted to refer to private, nontribal land; 

10 (2) there is a continued, unresolved disagree11 ment between the Barona Band of Mission Indians 

12 and certain off-reservation property owners relating 

13 to the causes of diminishing native groundwater; 

14 (3) Congress expresses no opinion, nor should 

15 an opinion of Congress be inferred, relating to the 

16 disagreement described in paragraph (2); and 

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

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

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

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

21 the Barona Indian Reservation, the effort is author22 ized only if the effort also addresses water avail23 ability for neighboring off-reservation land located 

24 along Old Barona Road that is occupied as of the 

25 date of enactment of this Act by providing guaran26 teed access to that water supply at a mutually agreemstockstill on DSK4VPTVN1PROD with BILLS

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1 able site on the southwest boundary of the Barona 

2 Indian Reservation. 

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

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

5 placed into trust for the Barona Band of Mission In6 dians in 2004; and 

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

8 parcels of land that Congress has placed into trust 

9 for the Barona Band of Mission Indians. 

10 SEC. 3. LAND TRANSFER. 

11 Section 121 of the Native American Technical Cor12 rections Act of 2004 (Public Law 108–204; 118 Stat. 

13 544) is amended— 

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

15 following: 

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

17 in subsection (a) is land comprising approximately 86.87 

18 acres in T. 14 S., R. 1 E., San Bernardino Meridian, San 

19 Diego County, California, and described more particularly 

20 as follows: 

21 ‘‘(1) The approximately 69.85 acres located in 

22 Section 21 and described as— 

‘‘(A) SW1⁄4 SW1 23 ⁄4, excepting the north 475 

24 feet; 

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‘‘(B) W1⁄2 SE1⁄4 SW1 1 ⁄4, excepting the 

2 north 475 feet; 

‘‘(C) E1⁄2 SE1⁄4 SW1 3 ⁄4, excepting the north 

4 350 feet; and 

‘‘(D) the portion of W1⁄2 SE1 5 ⁄4 that lies 

6 southwesterly of the following line: Beginning 

7 at the intersection of the southerly line of said 

SE1 8 ⁄4 of Section 21 with the westerly boundary 

9 of Rancho Canada De San Vicente Y Mesa Del 

10 Padre Barona as shown on United States Gov11 ernment Resurvey approved January 21, 1939, 

12 and thence northwesterly along said boundary 

13 to an intersection with the westerly line of said 

SE1 14 ⁄4. 

15 ‘‘(2) The approximately 17.02 acres located in 

Section 28 and described as NW1⁄4 NW1 16 ⁄4, excepting 

17 the east 750 feet.’’; and 

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

19 ‘‘(d) CLARIFICATIONS.— 

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

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

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

23 of enactment of the Barona Band of Mission Indians 

24 Land Transfer Clarification Act of 2012. 

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

2 of private, non-Indian land referenced in subsection 

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

4 the day before the date of enactment of the Barona 

5 Band of Mission Indians Land Transfer Clarifica6 tion Act of 2012, but excluded from the revised de7 scription of the land in subsection (b) was not in8 tended to be— 

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

10 the benefit of the Band; or 

11 ‘‘(B) considered to be a part of the res12 ervation of the Band.’’. 

Passed the Senate September 22 (legislative day, 

September 21), 2012. 

Attest: NANCY ERICKSON, 

Secretary. 

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