[Congressional Record Volume 158, Number 70 (Wednesday, May 16, 2012)]
[Senate]
[Pages S3235-S3236]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself, Mr. Akaka, and Mrs. Boxer):
  S. 3193. 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; to the Committee on Indian 
Affairs.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce legislation 
that will correct an error in the Native American Technical Corrections 
Act of 2004.
  The intent of section 121 of the 2004 law was to put a parcel on the 
northern edge of the Barona reservation, in San Diego County, into 
trust for the tribe. Unfortunately the bill identified a parcel on the 
southern edge of the reservation and put that in trust.
  The mistake is compounded by the fact that the land north of the 
reservation is owned by a non-Indian property owner. The landowner now 
cannot sell or modify his property without permission from the tribe 
and the Department of the Interior.
  The Barona Band of Mission Indians Land Transfer Clarification Act 
corrects this mistake.
  The bill removes the private property on the northern side of the 
reservation from trust status; and the bill places the correct parcel 
in trust for the Barona tribe on the southern edge of the reservation.
  The Barona Land Transfer Clarification Act closely follows an 
agreement brokered by Congressman Duncan Hunter and his staff. 
Congressman Hunter, and former Congressman Duncan Hunter, Sr. before 
him, brought the Band, the County of San Diego and the neighboring 
homeowners to the negotiating table.
  The agreement they reached, embodied in this legislation, is a 
product of compromise. The end product is something that everyone 
agrees is better than the status quo. That is how compromise works.
  The Tribe supports the legislation. The Homeowners and the County 
have reviewed and approved the language.
  For the County and Homeowners, the findings section is the most 
important part of the bill.
  This section addresses the ongoing water dispute between the tribe 
and its neighbors.
  The fourth finding is particularly important if--the tribe uses the 
land to bring additional water into the area, the effort is only 
authorized if it also addresses the water needs of the neighboring off-
reservation property.
  Homeowners in the area have noticed diminished groundwater supplies 
in recent years, and they have looked to the tribe to help resolve the 
issue. In this arid part of the State, this is a significant concession 
on the part of the Tribe, and it is the cornerstone of the entire 
agreement.
  I am hopeful that we can quickly pass this legislation and undo this 
unfortunate mistake. By enacting the Barona Land Transfer Clarification 
Act, all parties will gain some certainty that their issue will be 
resolved.
  Finally, I am proud that my colleague from California Senator Boxer, 
and Senate Indian Affairs Committee Chairman Daniel Akaka have joined 
me as original cosponsors.
  Once this legislation is sent over to the House, I know that 
Congressman Hunter and the San Diego Delegation stand ready to join our 
fight to resolve this issue.
  This strong, bi-partisan, bi-cameral support gives me confidence that 
this simple, straightforward piece of legislation is one that the 
Senate can pass very quickly.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3193

       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

[[Page S3236]]

     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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