[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3193 Enrolled Bill (ENR)]
S.3193
One Hundred Twelfth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and twelve
An Act
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 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) SW\1/4\ SW\1/4\, excepting the north 475 feet;
``(B) W\1/2\ SE\1/4\ SW\1/4\, excepting the north 475 feet;
``(C) E\1/2\ SE\1/4\ SW\1/4\, excepting the north 350 feet;
and
``(D) the portion of W\1/2\ SE\1/4\ that lies southwesterly
of the following line: Beginning at the intersection of the
southerly line of said SE\1/4\ 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 SE\1/4\.
``(2) The approximately 17.02 acres located in Section 28 and
described as NW\1/4\ NW\1/4\, excepting the east 750 feet.''; 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.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.