ID 

Union Calendar No. 514 

112TH CONGRESS 

2D SESSION S. 3193 

[Report No. 112–702] 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 25, 2012 

Referred to the Committee on Natural Resources 

DECEMBER 17, 2012 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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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. 


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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 

10 of the Barona Band of Mission Indians may be in11 terpreted to refer to private, nontribal land; 

12 (2) there is a continued, unresolved disagree13 ment between the Barona Band of Mission Indians 

14 and certain off-reservation property owners relating 

15 to the causes of diminishing native groundwater; 

16 (3) Congress expresses no opinion, nor should 

17 an opinion of Congress be inferred, relating to the 

18 disagreement described in paragraph (2); and 

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

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

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

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

23 the Barona Indian Reservation, the effort is author24 ized only if the effort also addresses water avail25 ability for neighboring off-reservation land located 


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1 along Old Barona Road that is occupied as of the 

2 date of enactment of this Act by providing guaran3 teed access to that water supply at a mutually agree4 able site on the southwest boundary of the Barona 

5 Indian Reservation. 

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

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

8 placed into trust for the Barona Band of Mission In9 dians in 2004; and 

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

11 parcels of land that Congress has placed into trust 

12 for the Barona Band of Mission Indians. 

13 SEC. 3. LAND TRANSFER. 

14 Section 121 of the Native American Technical Cor15 rections Act of 2004 (Public Law 108–204; 118 Stat. 

16 544) is amended— 

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

18 following: 

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

20 in subsection (a) is land comprising approximately 86.87 

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

22 Diego County, California, and described more particularly 

23 as follows: 

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

25 Section 21 and described as— 


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‘‘(A) SW1⁄4 SW1 1 ⁄4, excepting the north 475 

2 feet; 

‘‘(B) W1⁄2 SE1⁄4 SW1 3 ⁄4, excepting the 

4 north 475 feet; 

‘‘(C) E1⁄2 SE1⁄4 SW1 5 ⁄4, excepting the north 

6 350 feet; and 

‘‘(D) the portion of W1⁄2 SE1 7 ⁄4 that lies 

8 southwesterly of the following line: Beginning 

9 at the intersection of the southerly line of said 

SE1 10 ⁄4 of Section 21 with the westerly boundary 

11 of Rancho Canada De San Vicente Y Mesa Del 

12 Padre Barona as shown on United States Gov13 ernment Resurvey approved January 21, 1939, 

14 and thence northwesterly along said boundary 

15 to an intersection with the westerly line of said 

SE1 16 ⁄4. 

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

Section 28 and described as NW1⁄4 NW1 18 ⁄4, excepting 

19 the east 750 feet.’’; and 

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

21 ‘‘(d) CLARIFICATIONS.— 

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

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

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


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1 of enactment of the Barona Band of Mission Indians 

2 Land Transfer Clarification Act of 2012. 

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

4 of private, non-Indian land referenced in subsection 

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

6 the day before the date of enactment of the Barona 

7 Band of Mission Indians Land Transfer Clarifica8 tion Act of 2012, but excluded from the revised de9 scription of the land in subsection (b) was not in10 tended to be— 

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

12 the benefit of the Band; or 

13 ‘‘(B) considered to be a part of the res14 ervation of the Band.’’. 


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Union Calendar No. 514 

112TH CONGRESS 

2D SESSION S. 3193 

[Report No. 112–702] 

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 

DECEMBER 17, 2012 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


sroberts on DSK5SPTVN1PROD with