[House Report 112-702]
[From the U.S. Government Publishing Office]
112th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 112-702
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BARONA BAND OF MISSION INDIANS LAND TRANSFER CLARIFICATION ACT OF 2012
_______
December 17, 2012.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany S. 3193]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (S. 3193) 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, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
Purpose of the Bill
The purpose of S. 3193 is to make technical corrections to
the legal description of certain land to be held in trust for
the Barona Band of Mission Indians.
Background and Need for Legislation
S. 3193 corrects an erroneous legal description for land
placed in trust for the benefit of the Barona Band of Mission
Indians pursuant to a 2004 Act of Congress. Because of this
error, a non-Indian's private land located in another place was
wrongly declared to be held in trust. The bill clarifies the
legal description of the tribe's trust land, and removes all
doubt relating to the specific parcels of land that Congress
has placed in trust for the tribe. The bill further clarifies
the exclusion of the non-Indian's private property from any
federal trust status, stating that it was never the intent of
Congress to hold any property under the 2004 Act in trust
except that owned by the Barona Band. Under S. 3193, a
prohibition on gaming inserted in the 2004 Act with respect to
the tribe's trust land remains in effect.
The Barona Band of Mission Indians is a federally
recognized tribe with a reservation located in San Diego
County, California. Section 121 of the Native American
Technical Corrections Act of 2004 (Public Law 108-204) placed
certain lands in San Diego County in trust for the Barona Band
of Mission Indians ``for the construction, operation and
maintenance of a pipeline and related appurtenances and
facilities for conveying water from the San Vicente Reservoir
to the Barona Indian Reservation, or for conservation, wildlife
or habitat protection, or related purposes.'' According to S.
Rept. 108-049 accompanying S. 523 (the originating bill), the
trust lands are intended for ``building a water pipeline to
assist both the Federal and local fire service by providing a
water supply that can be used for any fire suppression
activities.''
Soon after the enactment of S. 523 in 2004, it was
determined that the legal description of some of the property
intended to be held in trust for the tribe contained an error.
As a result, private land owned by a non-Indian was
inadvertently declared to be held in trust by the U.S., thereby
clouding title to his property. According to a September 19,
2007, letter to Senator Dianne Feinstein from the San Diego
County Assessor/Recorder/County Clerk, an act of Congress was
needed to ensure the correct tribal lands are placed in trust;
the error could not be administratively rectified.
S. 3193 corrects the legal description of the Barona Band's
trust property and clarifies it was not the intent of Congress
to hold the non-Indian's property in trust. The original
purposes of the trust land acquisition, and the existing
prohibition on gaming on it under Section 121(c) of the 2004
statute, are unchanged. The gaming prohibition contained in the
2004 Act remains in effect on the trust land as corrected by S.
3193.
In the House, a hearing was held on S. 3193 on December 4,
2012, in the Subcommittee on Indian and Alaska Native Affairs
of the Committee on Natural Resources. Witnesses included
Representative Duncan Hunter (R-CA), who represents the Barona
Band and the lands affected by S. 3193, the Director of the
Bureau of Indian Affairs, and the Chairman of the Barona tribe.
The Congressman and the two witnesses expressed unqualified
support for enactment of S. 3193. The Director of the Bureau
affirmed for the record that the Department of the Interior
``finds the legal land descriptions in the bill to be
correct.'' (Prepared written testimony of Mike S. Black,
Director, Bureau of Indian Affairs, December 4, 2012).
Committee Action
S. 3193 was introduced on May 16, 2012, by Senator Dianne
Feinstein (D-CA). On September 22, 2012, the bill passed the
Senate by unanimous consent with an amendment. The bill was
then referred to the Committee on Natural Resources, and within
the Committee to the Subcommittee on Indian and Alaska Native
Affairs. On December 4, 2012, the Subcommittee held a hearing
on the bill. On December 5, 2012, the Full Resources Committee
met to consider S. 3193. The Subcommittee on Indian and Alaska
Native Affairs was discharged by unanimous consent. No
amendments were offered to the bill and the bill was adopted
and ordered favorably reported to the House of Representatives
by voice vote.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House rule XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
S. 3193--Barona Band of Mission Indians Land Transfer Clarification Act
of 2012
S. 3193 would amend the legal description of lands taken
into federal trust for the benefit of the Barona Band of
Mission Indians in California. The amendment would exclude
private property that was originally included when the lands
were taken into trust under the Native American Technical
Corrections Act of 2004. Based on information provided by the
Department of the Interior, CBO estimates that the act would
have no significant impact on the federal budget. Enacting S.
3193 would not affect direct spending or revenues; therefore,
pay-as-you-go procedures do not apply.
S. 3193 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
On July 13, 2012, CBO transmitted a cost estimate for S.
3193, the Barona Band of Mission Indians Land Transfer
Clarification Act of 2012, as ordered reported by the Senate
Committee on Indian Affairs on June 28, 2012. The two pieces of
legislation are nearly identical, and the estimated costs are
the same.
The CBO staff contact for this estimate is Martin von
Gnechten. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures. Based on
information provided by the Department of the Interior, CBO
estimates that the act would have no significant impact on the
federal budget.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to make technical corrections to the
legal description of certain land to be held in trust for the
Barona Band of Mission Indians.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
NATIVE AMERICAN TECHNICAL CORRECTIONS ACT OF 2004
* * * * * * *
TITLE I--TECHNICAL AMENDMENTS AND OTHER PROVISIONS RELATING TO NATIVE
AMERICANS
* * * * * * *
Subtitle B--Other Provisions Relating to Native Americans
SEC. 121. BARONA BAND OF MISSION INDIANS; FACILITATION OF CONSTRUCTION
OF PIPELINE TO PROVIDE WATER FOR EMERGENCY FIRE
SUPPRESSION AND OTHER PURPOSES.
(a) * * *
[(b) Land.--The land referred to in subsection (a) is land
comprising approximately 85 acres in San Diego County,
California, and described more particularly as follows: San
Bernardino Base and Meridian; T. 14 S., R. 1 E.; sec. 21: W\1/
2\ SE\1/4\, 68 acres; NW\1/4\ NW\1/4\, 17 acres.]
(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.
* * * * * * *
(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.
* * * * * * *