1.This Act may be cited as the
Barona Band of Mission Indians Land
Transfer Clarification Act of 2012
.
2.
(a)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)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.
3.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:
(b)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)SW¼ SW¼, excepting the north 475
feet;
(B)W½ SE¼ SW¼, excepting the north 475
feet;
(C)E½ SE¼ SW¼, excepting the north 350 feet;
and
(D)the portion of W½ SE¼ that lies
southwesterly of the following line: Beginning at the intersection of the
southerly line of said SE¼ 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 SE¼.
(2)The approximately 17.02 acres located in
Section 28 and described as NW¼ NW¼, excepting the east 750
feet.
;
and
(2)by adding at the end the following:
(d)
(1)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)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.
.
Speaker of the House of Representatives
Vice President of the United States and President of the
Senate