II 

Calendar No. 498 

112TH CONGRESS 

2D SESSION S. 3193 

[Report No. 112–207] 

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 

AUGUST 28, 2012 

Reported, under authority of the order of the Senate of August 2, 2012, by 

Mr. AKAKA, without amendment 

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, 


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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 agreeVerDate Mar 15 2010 21:13 Aug 28, 2012 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3193.RS S3193

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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 San Diego County, California, and described more 

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

Meridian; Section 21, SW1⁄4 SW1 20 ⁄4, excepting the north 

475 ft.; W1⁄2 SE1⁄4 SW1 21 ⁄4, excepting the north 475 ft.; 

E1⁄2 SE1⁄4 SW1 22 ⁄4, excepting the north 350 ft.; Together 

with that portion W1⁄2 SE1 23 ⁄4, lying southwesterly of the 

24 following line: Beginning at the intersection of the southerly line of said SE1 25 ⁄4 Section 21 with the westerly boundVerDate Mar 15 2010 21:13 Aug 28, 2012 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3193.RS S3193

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1 ary of Rancho Canada De San Vicente Y Mesa Del Padre 

2 Barona as shown on United States Government Resurvey 

3 approved January 21, 1939; thence northwesterly along 

4 said boundary to an intersection with the westerly line of 

said SE1 5 ⁄4; containing 68.75 acres more or less; Section 

28, NW1⁄4 NW1 6 ⁄4, excepting the east 750 ft.; containing 

7 17.02 acres more or less.’’; and 

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

9 ‘‘(d) CLARIFICATIONS.— 

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

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

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

13 of enactment of the Barona Band of Mission Indians 

14 Land Transfer Clarification Act of 2012. 

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

16 of private, non-Indian land referenced in subsection 

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

18 the day before the date of enactment of the Barona 

19 Band of Mission Indians Land Transfer Clarifica20 tion Act of 2012, but excluded from the revised de21 scription of the land in subsection (b) was not in22 tended to be— 

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

24 the benefit of the Band; or 


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1 ‘‘(B) considered to be a part of the res2 ervation of the Band.’’. 


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Calendar No. 498 

112TH CONGRESS 

2D SESSION S. 3193 

[Report No. 112–207] 

A BILL 

To make technical corrections to the legal descrippurposes. Barona Band of Mission Indians, and for other tion of certain land to be held in trust for the 

AUGUST 28, 2012 

Reported without amendment 


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