[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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