[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3193 Introduced in Senate (IS)]
112th CONGRESS
2d Session
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.
_______________________________________________________________________
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
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Barona Band of Mission Indians Land
Transfer Clarification Act of 2012''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--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) Purposes.--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.
SEC. 3. LAND TRANSFER.
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) Description of Land.--The land referred to in subsection (a)
is land comprising approximately 86.87 acres in San Diego County,
California, and described more particularly as follows: T. 14 S., R. 1
E. San Bernardino Meridian; Section 21, SW\1/4\ SW\1/4\, excepting the
north 475 ft.; W\1/2\ SE\1/4\ SW\1/4\, excepting the north 475 ft.;
E\1/2\ SE\1/4\ SW\1/4\, excepting the north 350 ft.; Together with that
portion W\1/2\ SE\1/4\, lying southwesterly of the following line:
Beginning at the intersection of the southerly line of said SE\1/4\
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; thence northwesterly along said boundary to
an intersection with the westerly line of said SE\1/4\; containing
68.75 acres more or less; Section 28, NW\1/4\ NW\1/4\, excepting the
east 750 ft.; containing 17.02 acres more or less.''; and
(2) by adding at the end the following:
``(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.''.
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